Congressional Cannabis Caucus Co-Chair Says Many Lawmakers Use Cannabis

Rep. Ilhan Omar (D-MN) told TMZ reporters that "a lot of people" in Congress use cannabis, then flashed a peace sign and walked away—leaving behind questions about hypocrisy in federal drug policy and the slow pace of legalization.

The comment came as Omar, who co-chairs the Congressional Cannabis Caucus alongside Rep. Dave Joyce (R-OH), was pressed about marijuana reform efforts. While the viral moment spread across social media, it underscored a persistent tension: lawmakers voting on cannabis policy while potentially using the plant themselves in jurisdictions where it's legal.

Omar's caucus has pushed for federal legalization since 2017, but progress has stalled despite growing public support. The House has passed multiple reform bills, including the MORE Act twice, only to see them die in the Senate. Meanwhile, 24 states have legalized adult-use cannabis, and 38 allow medical use.

The Capitol Hill Cannabis Question

Omar didn't name names, and it's unclear whether she meant lawmakers use cannabis legally in their home states or Washington, D.C., where adult-use has been legal since 2015. Members of Congress are subject to federal law, which still classifies cannabis as a Schedule I controlled substance.

But the comment raises familiar questions about enforcement disparities. Federal employees in most agencies face termination for positive drug tests, yet Congress has no mandatory testing policy for members. The Congressional Research Service confirmed in 2021 that lawmakers aren't subject to the same workplace drug policies as executive branch employees.

"It's the ultimate example of 'rules for thee but not for me,'" said Justin Strekal, a cannabis policy consultant and former NORML political director. "You have lawmakers who represent states where cannabis is legal, probably using it themselves, while people in those same states can't work for the federal government if they test positive."

Trump and Legalization Prospects

The TMZ exchange also touched on former President Trump's role in cannabis reform—a topic gaining attention as the 2024 election approaches. Omar gave Trump credit for some reform efforts during his first term, though she didn't specify which ones.

Trump signed the 2018 Farm Bill legalizing hemp and appointed officials who supported state-level cannabis programs. But his Justice Department also rescinded Obama-era guidance protecting state-legal cannabis businesses. Trump has recently signaled support for Florida's adult-use legalization ballot measure, though he's stopped short of endorsing federal legalization.

What's Next for Federal Reform

The Congressional Cannabis Caucus now has 63 members—up from 28 when it formed—but legislative momentum has slowed. The Senate hasn't voted on comprehensive legalization since Majority Leader Chuck Schumer introduced the Cannabis Administration and Opportunity Act in 2022.

Industry advocates are watching two potential paths forward: rescheduling through the DEA's ongoing review (which could move cannabis to Schedule III), or the SAFER Banking Act, which would protect financial institutions serving state-legal cannabis businesses. Neither addresses full legalization.

Omar's office didn't respond to requests for clarification about her TMZ comments. The Congressional Cannabis Caucus is expected to introduce new reform legislation in the current session, though timing remains unclear.

For now, the disconnect persists: lawmakers potentially using cannabis legally at home while federal employees in their districts face termination for the same behavior.

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This article is based on original reporting by hightimes.com.