Federal Omnibus Includes Amendment to Prohibit DOJ/DEA From Interfering With State Medical Marijuana

marijuana_seedlingThe final version of the House omnibus appropriations bill includes the Rohrabacher-Farr amendment, which was approved by the House of Representatives earlier this year. The amendment restricts the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.

NORML supporters have rallied in favor of this provision, with over 22,000 emails and countless direct calls being directed at federal lawmakers regarding the amendment this year.

“This amendment is an important step towards relieving the tension between federal and state policy when it comes to medical marijuana,” stated NORML Communications Director Erik Altieri, “By restricting these agencies in this manner, the nearly two dozen states that implemented medical marijuana programs can hopefully breathe easier knowing federal money won’t be spent to interfere with their progress. We hope this leads to further reforms at the federal level further enshrining this sentiment into law.”

The House is expect to hold a final vote on this bill in the next couple of days, with a Senate vote to follow. You can read the full bill here.

28 thoughts

  1. This is huge. I knew that the bill also allows DC to go ahead with Initiative 71 (“grow and give”) but prohibits the District from setting up regulated recreational sales, which in itself is historic because it means cannabis possession will be legal in our capital. But the inclusion of the Rohrabacher-Farr Amendment is inconceivably huge. I teared up when I read this. States now have a huge yoke off of their necks. This is really big.

  2. WTF?!?!?!?!

    I just posted a comment about how relieved I was that the District’s initiative 71 would not be blocked by this “cromnibus” bill, although future regulations on legal recreational sales would be. But now I see some news outlets reporting that no, the entire Harris excretement would be included in the bill and that the District would not even be allowed to submit the new law to Congress. Looking through the news outlets, some are reporting A and some are reporting B and I am all like C how F’ed up this is?

  3. I just found the text of the bill. It is of course confusing. Here it is:

    SEC. 809.
    (a) None of the Federal funds contained in this Act may be used to 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.
    (b) None of the funds contained in this Act may be used to enact 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 for recreational purposes.

    It is not clear to me if the “the funds contained in this Act” include locally collected revenues but it sounds to me like no they do not, in which case there is a loophole.

  4. No Dusty, this is the bill section:

    Sec. 538.
    None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

    and

    Sec. 539.
    None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.

  5. Isn’t this a de facto rescheduling of marijuana?

    [Editor’s note: Unfortunately riders in amendments to omnibus spending bills do not address the core mis-scheduling of cannabis under the Controlled Substances Act. Cannabis comes down or off schedule via Congressional, executive or court action (ie, DEA capitulates or loses an administrative law ruling and appeal).]

  6. This will certainly be a strong development for the California Federal District Court judge who is considering Schedule 1 status in the Pickard case. Congress just AUTHORIZED marijuana as medicine. I understand what you’re saying about how a drug is taken off the schedule, but I think one could EASILY argue that this amendment (unbeknownst to Congress) is a DE FACTO rescheduling of cannabis. Congress can’t authorize cannabis for medical use, while at the same time have a law that says cannabis has no medical use. The DOJ announcement allowing states to proceed with legalization is MUCH different than Congress passing a law that allows med use. I think Congress accidently just shot themselves in the foot as far as continued Schedule 1 status of cannabis. Oops.

  7. Cannabis needs to taken out of the Controlled Substances schedule altogether and completely.

    No other action is necessary…unless it involves huge profits for Corporate sponsored pot profiteers?

    I demand my right to grow a plant be recognized by law.

    Human Rights are not given to Humans or bestowed upon Humans by Governments.

    Governments either recognize or deny Human Rights…give it a think?

    Thinks are still free…I think?

    Cannabis is a herb and should be taxed and regulated exactly as any other beneficial herb…and any rational person knows it.

    Those who don’t… are either intentionally “ignorant” or gullibly brainwashed by absurd neo-reefer madness generated by Capitalists who own potentially competing drugs.

    Tobacco = Disease/Death

    Alcohol = potentially lethal/destructive

    Big Pharma’s Plethora of Pills = side effects may include Death?…Huh?…Say Again?

    Cannabis = an herb proved safe and effective by thousands of years of co-evolution with Humans…who were all Born Free!

    Stand up for your rights…or you will surely find yourself on your subjugated knees.

    Never forget the fact that Human Rights are either recognized or denied…no matter what anyone else desperately wants you to believe.

    “Power concedes nothing without a demand” – Frederick Douglass –

  8. Section 809 says the Feds can’t decriminalize or reschedule marijuana.

    Section 538 is missing some states, meaning that some SOBs had their states removed so the Feds could harass their citizens if they decriminalized pot.

    And as I understand it, the DEA is free to continue raids.

    So, this was actually one step forwards and two steps back. This is BS.

  9. SEC. 809. (a) None of the Federal funds contained in this Act may be used to 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.) SEC. 809. (a) None of the Federal funds contained in this Act may be used to 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.(CBD; THC)

    This means congress will “not re-schedule MJ”.
    Only the President O’ can reschedule the Herb.
    What a hypocrite Pres. O’bummer is !!!

  10. The Federal Gov. cannot “interfere in States”; however they are “steadfast” in their determination not to “re-classify MMJ”.

    Marijuana is similar to very low dose Peyote.
    Peyote is a cactus; cactus and herbs are safe.

  11. Oak Moss contains THC; extracted with Eugenol;(Oil of Catnip Herb; The Mint Family of Herbs;
    The Plant Kingdom; the Life energy on Earth…

  12. I am becoming more and more optimistic that I’ll actually see America’s favorite herb legal before I die. I sort of wish I wasn’t getting so old so that I could enjoy it for a while when it happens. Oh well, in yet another way I’m glad I’ve lived my life and am getting old. The people living today that are young (20~30) are going to inherit a world that has been terribly damaged by Govts that have chosen profits over protecting our environment. I don’t think this world will be a nice place to live in 30 to 40 years from now…

    The world’s leaders have failed us all miserably in more ways than most of us would ever imagine.

  13. Humans are a failed species?

    Time will most certainly tell.

    “Don’t follow leaders” – Bob Dylan… tried to tell us!

    Leaders care most about being leaders?…and least about those who follow them…unto Destruction!

  14. SgtStorm (shout out!) wrote “This will certainly be a strong development for the California Federal District Court judge who is considering Schedule 1 status in the Pickard case.”

    This is true. And while it is also true that an appropriations bill cannot address the mis-scheduling of cannabis, a good attorney would know that Congress delegated maintenance of the schedules to the Executive branch in the Controlled Substances Act and in fact the CSA REQUIRES the executive branch to adjust the schedule as necessary. Since by this Act Congress has basically disavowed the current schedule 1 status of cannabis it can and should be argued that the executive branch has not followed the law and that the current scheduling of cannabis is illegal.

  15. I always seem to pass 50 ml THC test within 24 hrs of smoking . Is this normal ? I only smoke on Saturdays , and pass Sunday night .

    [Paul Armentano responds: The test you are referring to screens for carboxy-THC, not THC. Carboxy-THC is a metabolite of THC. One time use of the plant typically does not produce carboxy-THC levels in urine in excess of 50ng/ml for periods exceeding 24-48 hrs.]

  16. My son is a Corporal in the marine corp. and has started having seizures. He had medicine prescribed and takes it but still has the seizures. He’s had 3 in the last year or so. He never had them growing up. He now is so very upset because he will probably be kicked out after all this time he’s put in just to make corporal. He say’s they will probably put him on permanent disability. He’s 23 with a 6 year old boy and lives with his girlfriend (the boy’s mother}. My son never was much of a drinker and has never done drugs. I’m so worried about my son. I’ve been reading about medical marijuana and it seem like it has better results for some people than his medicine which, by the way, my son says makes him feel like hell and doesn’t seem to work even with the increased doses he’s been taking as prescribed. I can hear him now when Grandpa calls him up and suggests he goes and gets a few joints! Don’t tell him but I think someone he know’s might have tried it before. PS He lives in Texas and it seems they have no sympathy for seizure and medical marijuana. What do you think? JR

  17. “The world’s leaders have failed us all miserably in more ways than most of us would ever imagine.”

    It isn’t that humans are an endangered species, but competent leadership is extremely endangered. I’ve talked about this before, but what affect do you suppose turning young people into criminals does? It removes someone who could have developed their talents into someone that doesn’t. We have victimized how many people is this worthless Drug War? How good leaders did we send to jail and toward failure? Meanwhile we reward less-than-mediocrity non-solutions with billions of dollars; a nation wide challenge to find the dullest more ignorant people to work as police and lawyers in this idiotic drug system we have. Thousands of people learning to make money by making things worse for everyone. Spreading the stupid everywhere the law finds possible.

  18. “Congress can’t authorize cannabis for medical use, while at the same time have a law that says cannabis has no medical use.”

    Hmm, that is not what is says. It clearly states, “the States that recognize medical marijuana”. The feds are still saying marijuana is not medicine and that it is up to the FDA, which is still lie. For a number of reasons. The main one is the most overlooked: Marijuana is already too safe for the FDA drug program. There are no legal requirements for an old drug like marijuana to be tested for safety. We test new drugs which have never been in a human body before for safety. Why does marijuana *need* to go through this process for testing novel chemicals interactions with the human body??? Marijuana is already known to be perfectly safe and has been since before there was a FDA. Listing this as a requirment for legalization is nothing but lies stacked on more lies. Political Subterfuge; which the FDA is not supposed to be involved with. The FDA is required to study drugs developed from marijuana with specific treatments in mind to see if these treatments work and how well they work and see if the novel preparations are safe. But marijuana itself is not required to be tested in these contrived ways. In the same way potatoes do not need to be studied or require FDA approval before being sold.

  19. This would effectively make medical marijuana legal to be legal nationwide, at least federally. Yes ?

    [Paul Armentano responds: No. This provisions is limited in scope to restricting Justice Department funds to be used to interfere with the enactment of explicit state-sponsored medical cannabis programs.]

  20. Are tobacco and alcohol FDA approved?

    How much time in jail for deadly tobacco and alcohol?

    What schedule are tobacco and alcohol?

  21. When,and how are we ever going to be free from the fear of workplace drug testing /screening, especially in states where medical marijuana is authorized by the people of those states,?? It is so hypocritical to make it legal(by vote) to legalize it then fire people for using it. NORML? are you working on this issue? I ask this because most, if not all have the same concerns and the same frustrations about this issue.

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