The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the federal spending bill passed Thursday in the Senate. The bill has already passed the House, and President Trump has said he will sign it.
The legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws.
The provision stems from an amendment originally sponsored by Rep. Dana Rohrabacher (R-CA) and former Rep. Sam Farr (D-CA), which was first approved by the House in May 2014. It was approved again by a larger margin in June 2015, then included in the continuing appropriations packages that have funded the federal government since October 2016.
Unfortunately, the spending package approved Thursday also includes a provision that prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. It was originally introduced by Rep. Andy Harris (R-Maryland) and approved in 2015, after District voters approved a ballot initiative to make possession and cultivation of limited amounts of marijuana legal for adults 21 years of age and older.
MPP's Robert Capecchi released the following statement:
“Congress appears to be growing increasingly comfortable with states adopting their own marijuana policies,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “Unfortunately, spending prohibitions like these expire at the end of the fiscal year, so there is still a need for a long-term solution.
“The time is right for Congress to adopt permanent legislation that protects individuals from federal enforcement if they are in compliance with state laws,” Capecchi said. “It is difficult to understand what they’re waiting for. The vast majority of U.S. voters oppose the federal government interfering in state marijuana laws, and there is now near-universal support for legalizing medical marijuana.”
The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the new federal spending bill unveiled late Tuesday night.
The compromise legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws. It stems from an amendment sponsored by Reps. Dana Rohrabacher (R-CA) and Sam Farr (D-CA) that was first approved in the House of Representatives in May 2014 and included in the Consolidated and Further Continuing Appropriations Act of 2015 signed by President Obama last December.
In April 2015, a Justice Department spokesman told the Los Angeles Times that the department did not interpret the amendment as affecting cases involving individuals or businesses, but merely “impeding the ability of states to carry out their medical marijuana laws.” In October, a federal judge ruled that interpretation was inaccurate and that the Rohrabacher-Farr Amendment prevents the department from taking action against individuals who are acting in compliance with state laws.
Unfortunately, the new spending plan also includes an amendment, introduced by Rep. Andy Harris (R-Maryland) and approved earlier this year, which prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. District voters approved a ballot initiative in 2014 to make possession and growing of limited amounts of marijuana legal for adults 21 years of age and older.
“The District of Columbia wisely decided to use stop wasting its own resources enforcing ineffective and racially biased laws and to allow those with serious illnesses whose doctors recommend it to use medical marijuana. Unfortunately, unlike every state in America that gets to determine its own laws, Washington, D.C. laws are reviewed by Congress where Washington, D.C. residents have no voting representatives.“Marijuana is significantly less harmful than alcohol, and polls clearly show most Americans want to see it treated that way. We’ll do everything we can to restore democracy in D.C. and ensure this regressive amendment is rejected when it is considered by the full House. Mr. Harris’s antiquated, unscientific views on marijuana should be his constituents’ problem, not the District of Columbia’s.”