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On Marijuana, Congress Giveth And Congress Taketh Away


washington dc medical marijuana dispensaryBy Phillip Smith

With final approval by the Senate Saturday night, the Congress has successfully approved a massive, $1.1 trillion dollar omnibus spending bill, and the president has signaled he will sign it. The bill includes two provisions that illustrate Congress’s currently schizophrenic approach to loosening marijuana laws.

On the one hand, the bill contains an amendment that will effectively end federal interference in states where medical marijuana is legal by barring the Justice Department from using its funds to go after patients and providers there. On the other hand, it also contains a rider that seeks to undo the will of the voters of the nation’s capital by blocking the District of Columbia from enacting the recently approved Measure 71 marijuana possession and cultivation legalization initiative.

Sponsored by Reps. Dana Rohrabacher (R-CA), Sam Farr (D-CA), and 10 others, the medical marijuana amendment is blunt. After listing all the medical marijuana states, it says: “None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” (The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.)

The amendment is also important. In the past three years alone, the Justice Department has threatened elected officials, dispensary operators, and their landlords with legal action over medical marijuana. Those threats have delayed or stopped implementation of medical marijuana laws in at least six states. Similarly, threats of criminal prosecution and/or asset forfeiture aimed at landlords in California and Colorado have resulted in the closure of at least 600 state law-abiding medical marijuana businesses.

And DEA teams have aggressively raided  and US Attorneys have prosecuted medical marijuana patients and providers. One stark example is the case of the Kettle Falls Five, a family of patients who were growing medical marijuana for their own personal use in accordance with Washington state law. In a state where marijuana is legal, federal prosecutors are seeking to send a pair of elderly patients and their children to prison. That prosecution is now in doubt.

“This is truly a long-fought victory for medical marijuana patients who have lived in fear of being caught in the crossfire of conflicting state and federal laws for nearly two decades,” said Steph Sherer, executive director of Americans for Safe Access (ASA), which has lobbied for years for passage of the measure. “But this is also a victory for taxpayers because of the hundreds of millions of dollars saved on unnecessary and harmful enforcement.”

Last year, ASA issued a report showing the Obama administration had spent $80 million a year on medical marijuana enforcement. That may be chump change in a trillion-dollar spending bill, but it’s still $80 million that could be better used each year.

“Congress has finally initiated a drawdown in the federal government’s war on medical marijuana,” said Mason Tvert, director of communications for the Marijuana Policy Project (MPP). “This legislation makes it clear that the DEA has no business interfering in states’ medical marijuana laws. Taxpayer money should not be used to punish seriously ill people who use medical marijuana and the caregivers who provide it to them.”

“For the first time, Congress is letting states set their own medical marijuana and hemp policies, a huge step forward for sensible drug policy,” said Bill Piper, director of national affairs for the Drug Policy Alliance (DPA). “States will continue to reform their marijuana laws and Congress will be forced to accommodate them. It’s not a question of if, but when, federal marijuana prohibition will be repealed.”

But if federal marijuana prohibition will someday be repealed, no one has told congressional Republicans, and congressional Democrats didn’t seem to care much, either. The second part of Congress’s schizoid pot policy two-step was a slap in the face to both marijuana legalization and the will of the voters of the District of Columbia.

Maryland Rep. Andy Harris (R) authored a rider to the bill that says that the District cannot “enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.”

Republican House committee heads got it inserted into the House version of the bill, and Senate Democrats didn’t consider it important enough to fight to remove.

Marijuana reform proponents (and believers in democratic rule for the residents of DC) were livid, and they are not ready to roll over in the face of congressional attempts to quash legalization in the District.

“In light of recent events in Ferguson and New York, it would be particularly disturbing if Congress has chosen to overturn the will of the voters in a majority black city,” said Dr. Malik Burnett, DPA policy manager and vice-chair of the DC Cannabis Coalition, the group that got Measure 71 passed. “DC voters chose to reform their marijuana laws, which have a direct impact on how communities of color interact with police. Congress should not undermine that.”

“By prohibiting the regulation of marijuana in the District, they are ensuring authorities have no control over it,” Tvert said. “If drug cartels and gangs had lobbyists on the Hill, preventing marijuana regulation would be their top legislative priority. If the District can regulate and tax alcohol sales, it should be allowed to do the same with a less harmful substance like marijuana.”

The District city council has been advancing a bill that would tax and regulate marijuana sales, but the Harris rider effectively kills that. Less certain, however, is whether it can really block Measure 71 from taking effect.

House Minority Leader Nancy Pelosi; Rep. Eleanor Holmes Horton, the Congressional Delegate from DC.; Rep. Jose Serrano (D-NY), the ranking member on the House appropriations subcommittee that funds DC; Rep. Nita Lowey (D-NY), the ranking Democrat on the House Appropriations Committee; and others have said that the DC rider allows Initiative 71 to stand. The DC government is blocked from enacting any new marijuana law reforms but it is free to implement and carry out reforms that have already been enacted.

The congressional Republicans who pushed the measure naturally disagree. They argue that Measure 71 has not been enacted because the DC council has not yet sent it to Congress and that the rider thus blocks it from being implemented.

While the question is likely to end up being settled in the courts, the next move is up to the District city council. It can go ahead and send the measure to Congress despite what the budget bill rider says. Advocates are urging the council to do just that.

And the council seems to be in a mood to stick up for the initiative—and for democratic rights for the District. DC Council Chair Phil Mendelson told The Washington Post even before the final Senate vote that he plans to ignore the rider. He said he will instead follow normal procedure for voter-approved initiatives in a city that exists under the congressional thumb. He will sent a bill implementing the initiative to Congress next month for a 30-day review in which lawmakers can vote it up or down.

And if that doesn’t work, there’s still the courts.

“If the question is whether I’d be open to legal action, the answer is yes, Mendelson told Politico after the House vote.

Whether Congress has successfully blocked pot legalization in DC clearly remains to be seen. What is not in dispute, though, is that has successfully blocked the Justice Department from any further assaults on medical marijuana in states where it is legal. That’s a big deal.

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Johnny Green


  1. Going one step further: Tobacco – 1. high potential for abuse (addiction), 2. no medicinal value, 3. lack of accepted safety (tobacco kills thousands each year).
    These are the requirements for a substance to be placed in schedule 1 on the Controlled Substances Act.
    And yet it is not on the schedule at all!

  2. Affording PTSD sufferers relief when so many veterans commit suicide everyday cannot be underestimated .

  3. The budget bill, warts whiskers and all allows young veterans, many whom suffer from severe PTSD symptoms an alternate to using pharmaceutical’s with their awful side affects.

  4. This is all good for all Americans my biggest fear is that the DEA will sue or ignore this act. They seam to do what ever they want to do which is ruin people’s lives with the marijuana laws.

  5. Hey Johnny, my lawyer tells me we had a first in CA just this past monday where the San Diego County Sherrif gave back Cannabis Plants, and dried flowers upon simple request rather than court order. The lucky returnee was me. I got my plants (dead) back, and 3 grams of medical cannabis that the PO pO were nice enough to cure for me for 18 months. Im smoking smooth now.

  6. Voters, Washington Post and DC Congress will not let it happen ….. Any change of the will of a Black City and interaction with Police after the two most recent tragedies could lead to a lot of bad press for government …..

    People will start talking Marshall Law and a revolt in major cities could happen …..

    Strongly recommend passing as the people overwhelming voted to do!

  7. The V.A., should be providing this medication to veterans who have a marijuana prescription Not all have the ability to pay, or the facility to grow or have grown.

  8. It’s the “like many” part that saddens me the most. I know I’m disappointed — I can’t imagine how disheartening this will be once everybody learns the truth.

  9. Thanks for doing the research. I had not read the bill so I, like many, was under the impression that this was a monumental leap forward. Tough to read it is just Congress being Congress, but I guess I should have expected nothing less.

  10. I’m sorry I have to be the constant bearer of bad news, but Section 538, the one that restricts the DOJ from spending funds, will not stop interference by the DEA or US Attorneys in medical cannabis states.

    Why? Because Section 538 restricts funds given to the DOJ from being spent in such a way, but the DEA is funded through the ONDCP to the tune of $2.4 billion and the ONDCP has $70 million set aside in their budget to pay US Attorneys to continue prosecuting for the DEA. Section 538 of the spending bill has no language to prevent it. Yes, it’s a cheat. No, I don’t like it.

    The DOJ’s budget is $27 billion, but the ONDCP’s is $25 billion — $7.7 of which funds domestic law enforcement, including the DEA.

    DC’s voters were sold out for nothing because nobody wants to admit how the Drug War is actually funded. Restricting the funds allotted to the DOJ will hardly slow down the DEA or the US Attorneys. The amendment should have restricted the DOJ and the ONDCP from spending funds. That would have worked.

    So we need to stop spiking the football while we’re standing in the other team’s end zone. It just makes us look stupid.

  11. Doing a double dance in an spending bill. I hate the fact that riders of this nature are even allowed to be placed upon them. Unless the rider directly effects the core grouping of items to be funded in a bill they simply shouldn’t be allowed.
    Force Congress to take a real stand and give us a yes or no vote on whether or not the D.C. vote of the people is going to stand. Why Congress is so cowardly is beyond me. They just assume we aren’t watching and thus can get away with murder at any given point.

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