The real cannabis policy power lies beyond the Oval Office

As the presidential candidates’ positions on cannabis policy make the headlines, it’s important to remember that the real power to shape cannabis laws doesn’t reside in the Oval Office. 

Over the years, advocates have fought for patients’ rights to access medical cannabis under numerous presidencies. Yet, the biggest strides in protecting medical cannabis patients haven’t come from the White House — they’ve come from Congress.

Yes, the president can sign legislation, influence federal agencies and set policy priorities. Both Kamala Harris and Donald Trump have expressed support for moving cannabis to Schedule III and even hinted at legalization. 

But here’s the reality: Neither has the authority to make these changes. Even the rescheduling process is out of their influence, in the hands of a Drug Enforcement Agency that is resisting the move to Schedule III. 

The executive branch’s influence is more limited than many realize.

There are a few things a president can do to alleviate some of the challenges medical cannabis patients face, like directing HUD to stop evicting medical cannabis users in federal housing. The president could also direct the VA to allow its doctors to recommend cannabis to veterans or end drug testing for federal employees. 

But these are temporary fixes — band-aids on a much larger problem.

The most significant progress in protecting medical cannabis patients has come from Congress. The Rohrabacher-Farr Amendment (also known as the CJS Amendment) halted federal raids on medical cannabis providers, even when President Obama couldn’t. That same amendment protected patients under Trump’s attorney general, Jeff Sessions, a staunch opponent of cannabis. 

These actions underscore where the real power lies: in Congress.

Only Congress has the authority to fundamentally change cannabis laws. Yet, as we approach the 2024 elections, the media’s focus remains largely on the presidential race, while the 468 congressional and Senate races that will ultimately decide the future of cannabis in America are not being pressed on the issue.

At present, medical cannabis patients are denied basic protections under laws like the Americans with Disabilities Act and the Fair Housing Act. They can be drug-tested at work, kicked out of housing and forced to choose between their health and their basic rights. 

Congress is the only body that can integrate cannabis into our national healthcare system, restoring Second Amendment rights to medical cannabis patients, their ability to travel, relocate or pursue education, and ensuring that hospitals, hospices and assisted living facilities can’t deny them care.

These aren’t just policy talking points — they’re life-or-death issues for millions of Americans. Over 6 million patients rely on medical cannabis to manage chronic pain, PTSD, seizures and other debilitating conditions. Millions more want access to cannabis as medicine but fear losing their housing, jobs or government assistance. 

These patients — and their families — deserve advocates in Congress who will not only protect their access but will fight to treat cannabis as the legitimate medicine it is.

As Election Day approaches, it’s vital to remember: When it comes to medical cannabis, the power for change lies in Congress, not the presidency. Join us in asking those running for Congress if they will stand up for medical cannabis patients. Because if we don’t ask, no one else will.

Steph Sherer is the founder of Americans for Safe Access, The Compassionate Candidate Campaign.