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Cannabis consumers can be forgiven for feeling the need for a more liberal cannabis policy as they weather this seemingly unending campaign cycle.

Republican presidential candidate Donald Trump recently made clear how he would be voting personally on the legalization of the recreational use of marijuana. Posting on Truth Social, Trump stated:

As a Floridian, I will be voting YES on Amendment 3 this November.

Amendment 3 would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption.” It would also allow medical marijuana treatment centers, as well as other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Amendment 3 would also establish possession limits for personal use – allowing possession of up to 3 ounces and up to an additional 5 grams of concentrate.

So, what does that mean for the country more broadly? It appears Trump is not just a fan personally. In the same post, he spoke more broadly about his personal views and gave insight as to how friendly his administration may be to those in the cannabis industry. Trump stated:

As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state authorized companies, and supporting states’ rights to pass marijuana laws, like in Florida, that work so well for their citizens.

In an interview, Trump doubled down.  He described medical marijuana as “amazing.” 

Indeed, Trump also seems to realize this is a political issue with substantial support from the American public. He has conceded that opposing marijuana legislation would be challenging, particularly in an election year.

Trump, who has historically touted a tough drug policy, certainly isn’t ready to sign off on carte blanche legalization though. He has made it clear that any legalization of marijuana should be done in a “safe way” with regulation and age restrictions. Trump also has expressed concerns about marijuana’s presence in public spaces, as well as potential safety issues. 

He was more coy about what he may do with regard to psychedelics. When psychedelics were mentioned in a recent interview, Trump was silent, choosing instead to laugh when interviewer Lex Friedman raised the idea that Congress would be better off if they took psychedelics. We can’t help but recognize the more libertarian view Trump is taking towards substances like marijuana. It’s hard to see how that is a negative sign about what a Trump administration may look like for those in the psychedelics industry.   

We doubt a second Trump administration would champion significant psychedelic reform, but if the first Trump administration is a guide then we also don’t think he would stand in the way of measured, science-based reform efforts. And that’s probably the biggest takeaway for psychedelic advocates trying to appeal to either candidate: Focus on the science and the medicinal benefits and not the recreational aspects. Marijuana may well prove a gateway drug when it comes to federal legalization of psychedelics, but we think the psychedelic industry would do well to move deliberately for the time being.

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Photo of Hillary Campbell Hillary Campbell

Hillary Campbell is an experienced litigator handling business and commercial litigation, as well as general litigation matters. A significant portion of Hillary’s practice is devoted to representing manufacturers in products liability litigation where she has represented manufacturers of products ranging from tires to…

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Photo of Whitt Steineker Whitt Steineker

As co-chair of Bradley’s Cannabis Industry team, Whitt represents clients in a wide range of cannabis issues. In addition to providing a full suite of legal services to cannabis companies, Whitt and the Cannabis Industry team advise non-cannabis clients – from banks to…

As co-chair of Bradley’s Cannabis Industry team, Whitt represents clients in a wide range of cannabis issues. In addition to providing a full suite of legal services to cannabis companies, Whitt and the Cannabis Industry team advise non-cannabis clients – from banks to commercial real estate companies to insurance companies and high net worth individuals – on best practices for interacting with cannabis companies.

Whitt is one of the leading voices in the cannabis bar – recognized as a “Go-To Thought Leader” by the National Law Review. He has presented on cannabis issues at conferences around the country.  His work has been featured in the National Law JournalLaw360, and the Westlaw Journal. And he has been quoted in an array of legal and mainstream publications from Law360 and Super Lawyers to the Atlanta Journal-Constitution and the Associated Press.