Inside Attorney General Nominee Matt Gaetz’s Complicated Pro-Cannabis Stance

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    Matt Gaetz Marijuana
    Matt Gaetz Marijuana

    President-elect Donald J. Trump has nominated Matt Gaetz, one of the most vocal, marijuana-friendly Republican congressmen, for U.S. Attorney General.

    Trump announced on Wednesday his nomination of Florida Congressman Matt Gaetz as U.S. Attorney General, set to join his cabinet after the presidential inauguration on January 20.

    The U.S. Attorney General is the nation’s top lawyer, overseeing the Department of Justice, enforcing federal laws, and advising the President on legal issues.

    This role is currently held by Merrick Garland, appointed by incumbent U.S. President Joe Biden. Gaetz’s appointment must be confirmed by a Senate vote.

    Gaetz is an attorney who earned his law degree from William & Mary College of Law in 2007.

    He represented Florida in the U.S. House of Representatives from 2017 until his resignation following his nomination.

    Known for being a staunch supporter of Trump and far-right ideologies, Gaetz has been the source of controversy, especially in the endorsement of what is called the ‘“Great Replacement Theory.’”

    He also recently sparked controversy with a social media post threatening to dismantle the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), both of which are Justice Department units, hours before being nominated as general attorney.

    But what is making headlines now is the revival of the investigation into Gaetz, sparked by his nomination. Gaetz has been under scrutiny since 2021 by the House Ethics Committee for serious allegations, including claims that he had a sexual relationship with a 17-year-old girl in 2017 and paid for her travel across state lines, raising concerns over possible violations of federal sex trafficking laws. While the Department of Justice previously investigated and declined to file charges, with Gaetz denying any allegations, the claims have resurfaced amid Gaetz’s resignation from Congress on November 14. Lawmakers from both parties are now pushing for the release of the Ethics Committee’s findings, particularly with Gaetz’s potential confirmation as attorney general on the line.

    However, Gaetz’s nomination stands out also due to his progressive stance on marijuana policy.

    Gaetz joined Florida Governor Ron DeSantis in 2019 to advocate for expanding medical marijuana access in the state by allowing smokable marijuana products.

    In 2022, Matt Gaetz was one of few Republican House members to support the Democratic-led Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which aimed to federally legalize marijuana.

    He has co-sponsored a number of marijuana-related bills during his time in Congress. Among the issues he has touched on are facilitating research, granting access to veterans, and easing banking restrictions for marijuana businesses–all indicators of a continuing push for reform on marijuana.

    More recently, Gaetz raised concerns during an oversight hearing in June last year about the Drug Enforcement Administration’s (DEA) lack of a timeline to review marijuana’s federal classification. Gaetz pressed DEA Administrator Anne Milgram, who testified that the agency had not been provided with a clear timeline for such a review.

    Earlier that month, Gaetz also introduced an amendment to the National Defense Authorization Act to end marijuana testing for military recruits, a measure aimed at addressing declining U.S. Army recruitment linked to marijuana use.​

    However, despite general support for marijuana reform, Gaetz also came out against Florida’s 2024 recreational marijuana ballot initiative–which Trump had endorsed–on the basis that such issues should not be decided through constitutional amendments.

    Gaetz’s Pro-Marijuana Stance As Attorney General

    Therefore, as one of the most vocal Republican lawmakers supporting marijuana legalization, Matt Gaetz’s positions reflect a blend of advocacy for federal reforms alongside cautious opposition to state-level recreational marijuana measures.

    This complex stance, combined with his appointment as Attorney General under the Trump administration, could signal a shift in the federal approach toward marijuana, as he might influence policies that have faced significant setbacks in recent years.

    For instance, Gaetz’s influence on marijuana policy would be especially crucial with an upcoming DEA hearing on marijuana rescheduling.

    As Attorney General, Gaetz may have the power to impact the outcome of this hearing and the broader rulemaking process, potentially shifting federal marijuana policy in favor of more industry-friendly regulations.