There are a handful of measures in the United States Congress that would address marijuana and kratom that have a legitimate chance of being enacted into law over the next 12 months.
In the US Congress, there has never been a bill passed into law that addresses kratom. The only standalone marijuana-related bill to ever be signed into law was the Medical Marijuana and Cannabidiol Research Expansion Act, signed by President Biden in late 2022.
Despite this relative lack of progress, advocates are hopeful congress is closer than ever to passing both federal kratom and marijuana legislation, with some measures seeing significant support int he House and Senate.
With that in mind, here’s a look at the marijuana and kratom bills most likely to be enacted into law.
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The SAFER Banking Act
The Safe and SAFER Banking Acts remain the pro-marijuana legislation most likely to be passed by Congress. The measure is sponsored by 36% of the entire United State Senate, including have support from Democrats, Republicans and all three independents. In the House, the SAFE Banking Act (filed a few months prior) now has 104 sponsors.
Although the two bill differ slightly, both would federally protect banks and other financial institutions that provide services to marijuana businesses that are legal under their state’s law. This would include debit and credit card services, business loans and so forth.
The legislation in the Senate in September received approval by the Committee on Banking, Housing and Urban Affairs with bipartisan support. Although the measure has not yet received a full Senate vote, Majority Leader Chuck Schumer said in November that the chamber is “getting close” to a vote.
The SAFER Banking Act has the support of the National Conference of State Legislatures, as well as a bipartisan group of 22 attorneys general. It’s also supported by a majority of US adults.
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Kratom Consumer Protection Act
The bipartisan and bicameral Kratom Consumer Protection Act would regulate kratom nationwide while restricting government agencies from prohibiting it. The measure was filed by Senator Mike Lee (R) and Senator Cory Booker (D) in the Senate with the bill number S.3039, and in the House of Representatives the measure is sponsored by Representative Mark Pocan (D) and Jack Bergman (R), with the bill number H.R.5905.
The proposed law would require the FDA to study the health effects of Kratom while prohibiting the Department of Health and Human Services (DHHS) from placing restrictions on the plant that are harsher than those placed on other food and dietary supplements. The measure states that the government could not “treat kratom, or any product derived from or containing kratom, as an adulterated dietary supplement”, nor could it “require kratom to undergo requirements for notification as a new dietary ingredient.”
The legislation also requires the DHHS to conduct a public hearing on the potential risks and health benefits of kratom, and a “Kratom Research Task Force” would be established in order to “coordinate kratom-related research conducted or supported by the Federal Government.”
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Veterans Equal Access Act
The Veterans Equal Access Act would allow physicians working for or with the Department of Veterans Affairs (VA) to recommend medical marijuana to their patients.
The measure has 29 sponsors in the House of Representatives. In November, by a vote of 82 to 15, the full United States Senate gave approval to the Military Construction, Veterans Affairs, and Related Agencies spending bill that included a provision by Senator Jeff Merkley (D) that’s similar to the Veterans Equal Access Act.
Specifically, the Senate version of the provision states that “None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act may be used in a manner that would interfere with the ability of a veteran to participate in a medicinal marijuana program approved by a State”, or “deny any services from the Department to a veteran who is participating in such a program”, or “limit or interfere with the ability of a health care provider of the Department to make appropriate recommendations, fill out forms, or take steps to comply with such a program.”
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The STATES Act
The STATES Act was filed State Representative Dave Joyce (R) last month with a bipartisan group of cosponsors. The measure would amend the Federal Controlled Substances Act so that those acting in compliance with state drug laws laws would no longer be committing a federal crime. This includes both marijuana consumers and those operating state-legal marijuana businesses.
The measure would also explicitly allow marijuana commerce between legal marijuana states and tribes, and it would amend an IRS regulation (section 280E) that prohibits businesses from taking tax deductions if they run a federally illegal business, even if the business is properly following their state’s laws. In addition, the STATES Act would direct the Government Accountability Office (GAO) to conduct a study on the impacts of marijuana legalization on traffic safety.
In October Representative Nancy Mace (R) filed a somewhat similar measure, the States Reform Act, which would “Federally decriminalizes cannabis and fully defers to state powers over prohibition and commercial regulation.”
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The MORE Act
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act would fully deschedule marijuana, instantly ending its federal prohibition. For states that decide to allow marijuana sales, a 5% federal excise tax would be established for the first two years, with it increasing to 8% by the fifth year.
The Act also includes several provisions to protect marijuana consumers, including preventing them from being denied public benefits and allowing marijuana convictions to be expunged (removed) from people’s records
The measure now has 85 sponsors, the most of any marijuana-related bill other than the SAFE Banking Act.
Although the measure seems unlikely to be passed while Republicans control the House, if Democrats take control following the November election it may be the primary vehicle Democrats use to achieve marijuana reform.
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The STATES Act
The STATES Act was filed State Representative Dave Joyce (R) in December with a bipartisan group of cosponsors. The measure would amend the Federal Controlled Substances Act so that those acting in compliance with state drug laws laws would no longer be committing a federal crime. This includes both marijuana consumers and those operating state-legal marijuana businesses.
The measure would also explicitly allow marijuana commerce between legal marijuana states and tribes, and it would amend an IRS regulation (section 280E) that prohibits businesses from taking tax deductions if they run a federally illegal business, even if the business is properly following their state’s laws. In addition, the STATES Act would direct the Government Accountability Office (GAO) to conduct a study on the impacts of marijuana legalization on traffic safety.
In October Representative Nancy Mace (R) filed a somewhat similar measure, the States Reform Act, which would “Federally decriminalizes cannabis and fully defers to state powers over prohibition and commercial regulation.”
