What cannabis consumers can expect from Trump’s Supreme Court nominee Brett Kavanaugh

Kavanaugh is a 53-year-old who has served 12 years as a U.S. Court of Appeals member in the D.C. Circuit.

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President Donald Trump has revealed the name of the person he will be hiring to step-in for recently retired Justice Anthony M. Kennedy at the United States Supreme Court: Washington, D.C. Circuit Court Judge, Brett M. Kavanaugh.

Democrats are probably going to object to Kavanaugh’s new job position. Nevertheless, Trump’s Supreme Court nominee could metamorphose decade’s worth of cannabis policy and reform rulings.

During his lengthy stint at the United States Supreme Court, Anthony Kennedy has plagued American politics with doubts, leaving many people to wonder if Trump’s decision to replace him with Kavanaugh could be just what the legal cannabis industry needs.

“Kavanaugh has not directly commented on this issue, so his personal views are unknown,” said the Communications Director for Republicans Against Marijuana Prohibition (RAMP), Hunter J. White. “However, from the deference he has shown to regulatory agencies and findings, it is clear he would not second-guess the wisdom or accuracy of marijuana as a Schedule 1 drug.”

Kavanaugh could influence cannabis policy and reform rules

While he could bring something new to the table in terms of cannabis reform, Kavanaugh needs to brush up on his knowledge of the plant’s medical potential.

Under the Controlled Substances Act, cannabis is classified the same as heroin. What’s more, he isn’t likely to question the constitutionality of the Controlled Substances Act until he learns the truth about cannabis. With so many scientific studies and research exposing cannabis’ suitability as a treatment for widespread health conditions, it shouldn’t take him too long to wake up.

“[Kavanaugh’s] view would be fatal [to cases like] the Alexis Bortell lawsuit of the constitutionality of the Controlled Substances Act,” White said. “Part of her argument is that the Schedule 1 status is a violation of due process because it is not scientifically accurate. This pick would not buy that argument because he wouldn’t second-guess the FDA.”

White believes that Trump’s Supreme Court nominee’s views on cannabis are not much different from the Democrat’s previous appointee. White likened his judicial choices and views to those of Merrick Garland.

What are Kavanaugh’s attitudes to cannabis reform?

Kavanaugh is a 53-year-old who has served 12 years as a U.S. Court of Appeals member in the D.C. Circuit.

During this time, he has never really touched upon issues pertaining to cannabis and drug reform. Many White House officials and lawyers predict he will shift high court issues to the right.

After his nomination was revealed at the White House ceremony, Kavanaugh said he will “keep an open mind in every case.”

“[My] judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written, informed by history and tradition and precedent.

Cannabis supporters concerned about Kavanaugh’s judicial record

Cannabis supporters in the U.S. will be keeping a close eye on Kavanaugh. He might not have publicly declared his opposition to cannabis policy reform, but, based on his judicial record, he’s not exactly supportive of it either.

Back in 2007, Trump’s Supreme Court nominee joined a majority vote before the U.S. Court of Appeals for the District of Columbia Circuit to prevent terminally ill patients from gaining access to non-FDA-approved cannabis medicines.

In addition to this, Kavanaugh positioned himself on the same side as the FDA’s regulatory authority in 2013, when he protested to respect the federal agency’s strategy for giving medical devices the go-ahead.

“A court is ill-equipped to second-guess that kind of agency scientific judgment,” Kavanaugh wrote.

His disputable confidence in the FDA could cause concern for the pro-cannabis community. Since the FDA has the authority to approve medical devices and drugs, is it any wonder why? The federal agency won’t even acknowledge the studied medical benefits of cannabis, of which there are many.

Should Trump’s Supreme Court nominee be accepted, cannabis supporters should not expect a major change in direction for cannabis reform in the U.S.