Tag Archives: Department of Justice

Congress Passes Historic Medical Marijuana Amendment as Part of Federal Spending Bill


The bill includes an amendment that prohibits the Department of Justice — which includes the Drug Enforcement Administration — from using funds to interfere with state medical marijuana laws. A similar amendment has been offered seven times in Congress,Congress logo failing in 2003, 2004, 2005, 2006, 2007, and 2012. The House finally approved it in May when it was offered by Rep. Dana Rohrabacher (R-CA) as an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations Act. 
The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.
Unfortunately, the bill also contains a provision that is meant to interfere with the implementation of Washington, D.C.’s recently approved marijuana initiative, and effectively blocks the District from regulating marijuana.

Congress Poised to Pass Historic Medical Marijuana Amendment

After 11 years of MPP lobbying and attending receptions on Capitol Hill, Congress is finally poised to pass an amendment that would prohibit the U.S. Justice Department — which includes the DEA — from interfering with state-level medical marijuana laws.Capitol

The U.S. House rejected the amendment in 2003, 2004, 2005, 2006, 2007, and 2012. Finally, in May of this year, the House passed the amendment, which was introduced by Congressmen Dana Rohrabacher (R-CA) and Sam Farr (D-CA).

Last night, the amendment was included in the annual spending bill that Congress is expected to pass today or tomorrow. It will then be the law through September 30, at which time it would need to be renewed each fall.

Unfortunately, a bad amendment to block local legalization in D.C. was also included in the spending bill. The D.C. mayor and council had been planning to tax and regulate marijuana like alcohol in our nation’s capital, which they’ll no longer be allowed to do.

That said, the medical marijuana and decriminalization laws in D.C. will remain in effect.

And it is MPP’s opinion that the ballot initiative that 70% of D.C. voters passed on November 4 will be allowed to move forward. This initiative — which removes penalties for adult possession and home cultivation — would take effect in approximately March (unless Congress affirmatively blocks the initiative).

The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.

Finally, marijuana has become a big issue on Capitol Hill, which is a precursor to ending federal prohibition.

Two Thirds of Americans Want Congress to Exempt States from Federal Marijuana Enforcement

A new study shows that an overwhelming majority of Americans want the federal government to stay out of state-level affairs associated with changes in marijuana law.

According to The Washington Post, that is one of the conclusions of a survey on legal marijuana recently commissioned by Third Way:

The survey found Americans split on the question of full legalization, with 50 percent supporting versus 47 percent opposed. However, the poll did find that six in ten respondents said that states, not the federal government, should decide whether to make marijuana legal. Moreover, 67 percent of Americans said Congress should go further and specifically carve out an exemption to federal marijuana laws for states that legalize, so long as they have a strong regulatory system in place.

How this would work for marijuana is detailed in an exhaustive forthcoming study in the UCLA Law Review. In short, Congress could allow states to opt out of the Controlled Substances Act provisions relating to marijuana, provided they comply with regulatory guidelines issued by the Department of Justice.

This is already the de-facto federal policy toward Colorado, Washington, Alaska, and Oregon, although it cannot become a formal policy without an act of Congress. Third Way heartily endorses this approach, as it represents a “third way” between the current policy of outright prohibition, and the full legalization route favored by marijuana reform activists.

It is time for Congress to get out of the way and let states determine what marijuana policies work best for them.

Obama’s Nominee to Lead the Justice Department’s Civil Rights Division Supports the Decriminalization of Marijuana

Vanita Gupta

According to the Washington Post, President Obama plans to nominate top lawyer from the American Civil Liberties Union, Vanita Gupta, to head to the civil rights division of the Department of Justice.

Gupta is a longtime civil rights lawyer and deputy legal director of the ACLU, as well as the director of the Union’s Center for Justice.

She stated in a New York Times op-ed about ending mass incarceration:

“Those who seek a fairer criminal justice system, unclouded by racial bias, must at a minimum demand that the government eliminate mandatory minimum sentences, which tie judges’ hands; rescind three-strikes laws, which often make no distinction between, say, armed assault and auto theft; amend “truth in sentencing” statutes, which prohibit early release for good behavior; and recalibrate drug policies, starting with decriminalization of marijuana possession and investment in substance-abuse prevention and treatment.”

According to administration officials, Gupta will be appointed acting head of the civil rights division Wednesday by Attorney General Eric Holder.

H/T Tom Angell

Outgoing Attorney General’s Drug Policy Record Racked with More Failures than Accomplishments

The impending departure of Eric Holder from the attorney general’s office has had many people analyzing his actions regarding the drug war during his tenure at the Department of Justice. Despite being present for some meaningful reforms, many think that Holder could have done so much more. According to Eric Sterling’s critique of Eric Holder’s drug policy record:

Eric Holder

“Since Holder’s resignation yesterday, many advocates of drug policy reform are giving Holder high marks for his accomplishments, especially when compared to his recent predecessors. But taken on his own terms, Holder was a weak attorney general, and late to push for what he probably knew in his heart to be the right course of action. He failed to use his very close relationship with the president to improve and rationalize the criminal justice system and US drug policy sufficiently that these reforms would have acquired a permanence and acceptance—and that would have ensured his legacy. Holder’s legacy is more words than deeds.”

Read the rest of the critique here.