GOP Congressman Introduces ‘Respect State Marijuana Laws Act’


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Rep. Dana Rohrabacher

Republican Congressman Dana Rohrabacher of California introduced legislation in the U.S. House of Representatives on Tuesday that would resolve the conflict between state and federal marijuana laws and allow states to determine their own marijuana policies.

The Respect State Marijuana Laws Act exempts individuals and entities from certain provisions of the Controlled Substances Act if they are acting in compliance with state marijuana laws. This is the third time Rohrabacher has introduced the bill. Twenty of his colleagues in the House, including seven Republicans, co-sponsored the Respect State Marijuana Laws Act of 2015, which was introduced in the 114th Congress.

“The call for federal marijuana policy reform is growing louder and louder,” said Don Murphy, MPP director of conservative outreach. “Congress needs to listen to their constituents and to state lawmakers, most of whom agree marijuana policy is an issue best left to the states. This is a bipartisan solution that ought to find support on both sides of the aisle.”

 

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Congress Extends Budget Protecting Medical Marijuana Programs Though April


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State medical marijuana patients can breathe a sigh of relief … for now. Congress just passed a spending bill that will keep the Department of Justice’s budget intact until April 28, 2017.united_states_capitol_-_west_front
This bill temporarily renews a spending provision that protects medical marijuana patients and businesses from being targeted by the DOJ as long as they follow state law.

When Trump’s pick for attorney general, anti-marijuana Senator Jeff Sessions, steps into office, he will not be able to go after lawful medical marijuana patients and entities for several months (if he opts to do so at all).

Since these protections are only temporary, we must push strongly to keep intact the current federal policy that allows states to regulate marijuana without intrusion by the federal government.

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What Does a Trump Presidency Mean for Marijuana Policy?


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On the same night that voters in eight states were approving marijuana policy reform initiatives, Donald Trump was on his way to being elected the next President of the United States. the_white_house_in_washington_dcWhile this divisive election has left some people jubilant and others outraged, many are wondering what a Trump presidency will mean for the future of marijuana policy reform efforts as well as the progress we have made so far.

While it is difficult to tell what will happen in the next administration, MPP is hopeful that the current federal policy of not targeting people and businesses in compliance with state marijuana laws will continue in the next administration. Read the rest of this entry »

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Four States End Marijuana Prohibition


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On Election Day, voters in California, Maine, Massachusetts, and Nevada declared an end to the war on marijuana in their states by approving initiatives to regulate marijuana similarly to alcohol for adults. This historic event was by far the biggest victory for drug policy reform to date, and will help pave the way for progress around the country.recreational

There are now eight states where marijuana is legal for adults to possess and where cultivation and retail sales are regulated and taxed. Marijuana possession and cultivation are legal in the District of Columbia, but Congress has prevented the city from regulating the non-medical marijuana industry.

This means that marijuana is legal for 66.5 million Americans, or about 21% of the population.

Unfortunately, a similar initiative in Arizona is trailing while the final votes are being counted, but advocates are already preparing to continue the fight in the legislature and possibly at the ballot in coming years.

Support for ending marijuana prohibition is increasing across the nation, according to recent polls. Marijuana initiatives out-performed a number of successful politicians in some states as well. During President-elect Trump’s campaign, he voiced support for leaving marijuana policy up to the states. Advocates are hopeful that the next administration will support the will of the people and continue the federal policy of non-interference until Congress is able to pass meaningful marijuana policy reform.

 

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Federal Court Ruling Gives Hope to Medical Marijuana Patients and Providers


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In a decision released on August 16, a federal court ruled that the Department of Justice cannot spend funds to prosecute medical marijuana patients and providers who are in compliance with state law.2000px-US-CourtOfAppeals-9thCircuit-Seal.svg

Time Magazine reports:

The ruling comes after a 2014 Congressional law that prohibited the DOJ from interfering in state implementation of marijuana laws. That law led people being prosecuted by the federal government to seek the dismissal of their charges, arguing they were in compliance with state law. On Tuesday, the 9th Circuit Court of Appeals agreed, sending their cases back to lower courts to determine if they were in compliance with state laws. Some of the defendants ran Los Angeles based marijuana stores and faced charges for distributing 100 marijuana plants.

Tuesday’s decision by a three-judge panel was unanimous. But in its opinion, the court warned Congress could change its mind and again allow federal funding for prosecution of state-sanctioned marijuana use. “DOJ is currently prohibited from spending funds from specific appropriations acts for prosecutions of those who complied with state law,” the Court wrote. “But Congress could appropriate funds for such prosecutions tomorrow.”

John Hudak at the Brookings Institute agrees that this ruling is a positive development, but warns against celebrating too much. You can read his detailed analysis here.

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Court Ruling Allows D.C. to Pass Marijuana Regulation Bill


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On Friday, the District of Columbia Superior Court upheld the Local Budget Autonomy Act of 2012, which 82% of D.C. voters approved in spring of 2013. Then, on Tuesday, D.C.’s Attorney General and Chief Financial Officer said they would not appeal.Flag_Map_of_Washington_DC

Now, instead of having to wait for Congress to appropriate funds to D.C., the budget will simply be reviewed in the same way as every other law passed by the D.C. Council. So, the appropriations rider that has blocked the council from making any improvements to D.C.’s marijuana policies will expire on September 30, 2016. This means that the council can move forward to determine how to tax and regulate marijuana and pass a law to do so this fall.

While Congress could still block a tax and regulate bill or a D.C. budget that includes funds for the regulation of marijuana sales, it would have to do so by passing a joint resolution in both houses that would be subject to presidential veto. Thanks to congressional gridlock and President Obama’s support for D.C. choosing its own marijuana policy, this would be much more difficult than simply adding a rider to a lengthy appropriations bill funding the federal government.

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D.C. Voters Want Mayor to Work Around Congressional Ban on Regulating Marijuana Like Alcohol


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A survey release this week by Public Policy Polling showed that 66% of voters in the District of Columbia support Mayor Muriel Bowser pursuing legal methods to allow D.C. to regulate marijuana similarly to alcohol despite a Congressional ban.Flag_Map_of_Washington_DC

Voters overwhelming approved Initiative 71 in 2014, which made marijuana legal in the nation’s capital, but Congress passed a budget rider that prevents the implementation of regulated commercial cultivation and retail establishments. Provisions related to personal possession and limited home cultivation were unaffected by the law and are currently legal in D.C.

This poll shows that the vast majority of D.C. voters would support the mayor using reserve funds to implement a system to tax and regulate marijuana. This would not only show that D.C. rejects Congressional interference with the will of the voters, but also bring the illicit marijuana market out of the shadows and reap millions in tax revenue.

In addition, 61% of voters are in favor of giving adults a safe and lawful place to consume marijuana outside their homes. Supporters including MPP met with the mayor last week, and she said she was open to working with us and our allies on the D.C. Council to move forward on a compromise that would end the blanket ban on use outside the home, currently set to expire on April 13. This will help restore the rights that D.C. voters supported when they voted yes on Initiative 71.

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Congress Renews Ban on Justice Department Interference in State Medical Marijuana Laws


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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.

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Rep. Blumenauer Calls for Firing of DEA Director


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Recently, we shared a story about interim DEA head Chuck Rosenberg referring to medical marijuana as a “joke.” Since then, a Change.org petition started by Marijuana Majority calling for Rosenberg to be fired for his lack of compassion for patients and poor understanding of marijuana has garnered almost 100,000 signatures!

Today, Rep. Earl Blumenaur (D-OR), who has been a champion of marijuana policy reform at the federal level, called on Congress to demand that Rosenberg be replaced!

You can watch the coverage from C-SPAN.

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The New York Times Asks Obama and Congress to Take Lead Ending Marijuana Prohibition


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Continuing its support for sensible marijuana policies, The New York Times published an editorial Thursday asking Congress and the president to support a bill, introduced this week by Sen. Bernie Sanders, that would allow states to determine their own marijuana laws.

Support for making marijuana legal is increasing around the world, and that is a good thing. Earlier this week, the Mexican Supreme Court opened the door to legalizing the drug by giving four plaintiffs the right to grow cannabis for personal use.New-York-Times-Logo

In Canada, the newly sworn in prime minister, Justin Trudeau, has said he intends to change the law so people can use the drug recreationally; medicinal use is already legal in that country. And in the United States, Senator Bernie Sanders of Vermont, who is seeking the Democratic nomination for president, recently introduced a bill that would let states decide if they want to make the drug legal without worrying about violating federal law.

Laws banning the growing, distribution and possession of marijuana have caused tremendous damage to society, with billions spent on imprisoning people for violating pointlessly harsh laws. Yet research shows that marijuana is far less harmful than alcohol and tobacco, and can be used to treat medical conditions like chronic pain.

What’s needed now is responsible leadership from President Obama and Congress. They ought to seriously consider the kind of legislation Mr. Sanders has proposed.

You can read the full editorial here.

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