Over half of Americans live in states with legalized cannabis

  • 24 states and the District of Columbia have legalized adult-use cannabis
  • 38 states and the District of Columbia have legalized medical cannabis

The STATES 2.0 Act offers a practical federal solution that supports the choices of all 50 states. Regardless of your stance on legalization, we can all agree that the current federal inaction is unsustainable.

This bill introduces common-sense regulations to protect our youth, ensure safer roads, reduce addiction risks, and keep cannabis out of communities that do not want it.

Key Goals of the STATES 2.0 Act

  • Build a regulated market that allows licensed operators to access capital and engage in interstate commerce, weakening illicit markets
  • Address banking, financial access, and the burden of 280E taxes on legal businesses
  • Equip state law enforcement with the resources to enforce their cannabis laws effectively
  • Support real-time research on the cannabis being used across the country

What the STATES 2.0 Act does not do:

  • It does NOT create new cannabis markets. Instead, it aligns federal policy with state decisions, ensuring safer existing markets and allowing federal resources to focus on keeping cannabis out of states where it remains illegal.

STATES 2.0 Act : A Section-by-Section Deep Dive

Section 1: Short Title

Congress affirms that tribal nations should have the ability to shape cannabis policy consistent with their sovereign rights. The bill encourages federal agencies, including the FDA, to respect tribal self-governance and honor treaty obligations in regulatory decisions.

Section 2: Congressional Findings

Lays out the policy rationale behind the bill. Congress recognizes the rise of state legalization, the persistence of illicit markets, and the drag created by outdated federal rules. It calls for a modern federal approach that supports legal businesses, respects state choices, and preserves public safety.

Section 3: Sense of Congress on Tribal Sovereignty

Congress affirms that tribal nations should have the ability to shape cannabis policy consistent with their sovereign rights. The bill encourages federal agencies, including the FDA, to respect tribal self-governance and honor treaty obligations in regulatory decisions.

Section 4: Rule Regarding Application to Marijuana

This section is the core engine of the STATES 2.0 Act. It removes federal penalties for cannabis activity that complies with state or tribal law and establishes a clear national framework that aligns the Controlled Substances Act with modern state policy. It also includes a federal descheduling mandate, directing the Attorney General to remove compliant cannabis from the CSA within 180 days. Key safeguards remain in place, including protections for minors and rules for safe interstate transport.

Section 5: Transportation Safety Offenses

Clarifies that enhanced penalties for drug activity near transportation hubs do not apply to cannabis businesses that are fully compliant with state or tribal law. This section ensures that legal operators are not penalized based on location alone.

Section 6: Distribution to Persons Under 21

Preserves strong protections for minors while allowing a targeted exception for medical use. Individuals over 18 may distribute medical marijuana to patients under 21 if permitted by law. This section balances public safety with compassionate care.

Section 7: Regulation by the Food and Drug Administration (FDA)

Directs the FDA to regulate cannabis products based on intended use. Medical products follow drug rules, edibles follow food standards, and topicals follow cosmetic rules. The FDA must also set practical safety standards without requiring premarket approval.

Section 8: Study on the Effects of Cannabis Legalization on Traffic Safety

Directs the Government Accountability Office to study how cannabis legalization is affecting road safety. The study will examine crash data, impairment testing, and best practices to help shape future policy.

Section 9: Rule of Construction and Financial Legalization

Clarifies that state- or tribe-compliant cannabis businesses are not considered illegal under federal law. These businesses may access banking, claim standard tax deductions, and are protected from asset forfeiture and money laundering laws.