An amendment to protect all state and tribal marijuana programs from federal interference now has 15 cosponsors after its bipartisan proponents circulated a letter to build support this week. But a Republican opponent of reform is pushing a dueling proposal to end a more modest, longstanding rider thats provided protections for medical cannabis states alone.
The pro-reform amendmentwhich could receive a vote on the House floor next weekis being led by Reps. Earl Blumenauer (D-OR), Tom McClintock (R-CA), Eleanor Holmes Norton (D-DC) and Barbara Lee (D-CA). The hope is to attach the proposal to 2022 fiscal year spending legislation for the Commerce, Justice, Science, and Related Agencies (CJS).
Meanwhile, Rep. Doug LaMalfa (R-CA) is taking the unusual step of filing a competing measure that would cease federal protections for states with medical cannabis legalization on the booksincluding his ownthat have been in place and renewed annually on a bipartisan basis since 2014.
Given Democratic control of Congress and the increasingly cross-party nature of support for marijuana reform overall, advocates arent necessarily concerned about LaMalfas amendment. But while the GOP congressman has earned a reputation as a staunch reform opponent, going so far as to recently bulldoze illicit cannabis grow sites in California alongside local police, his proposal to end protections for the states decades-old medical cannabis program has raised eyebrows.
On the other end, pro-reform lawmakers explained in a Dear Colleague letter this week that the appropriations revision theyre proposing would add language preventing the Department of Justice from using any funds appropriated by Congress to enforce federal laws regarding activities that are legal under state, territorial, or tribal law with regard to marijuana, regardless of whether the marijuana laws are recreational or medicinal.
This language has been proposed in past sessions as well,passing the House last yearand in 2019. But it was not attached to final appropriations legislation sent to the presidents desk under GOP control of the Senate. Now that Democrats have a slim majority in the chamber, advocates are optimistic that it could finally be enacted.
In addition to the four main sponsors of the amendment, its now been cosponsored by Democratic Caucus Chairman Hakeem Jeffries (D-NY) and Reps. Carolyn Maloney (D-NY), David Joyce (R-OH), Diana DeGette (D-CO), Dina Titus (D-NV), Donald Beyer (D-VA), Jan Schakowsky (D-IL), Mike Thompson (D-CA), Pramila Jayapal (D-WA), Ed Perlmutter (D-CO) and Don Young (R-AK)
As it stands, the spending bill rider that LaMalfa is attempting to strike offers the protection only to states with medical cannabis programs. This new broader amendment from reform supporters would expand that protection at a time when more and more states are opting to legalize marijuana for adult use. Four statesConnecticut, New Mexico, New York and Virginialegalized for recreational purposes this year alone.
Heres the text of the proposed amendment:
1 SEC _. None of the funds made available by this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, SouthCarolina, South Dakota, Tennessee, Texas, Utah,Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana.
1 SEC __. None of the funds made available by this Act to the Department of Justice may be used to prevent any Indian tribe (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) from enacting or implementing tribal laws that authorize the use, distribution, possession, or cultivation of marijuana.
The first time the House passed the more sweeping protections to cover state recreational marijuana laws was in 2019, andmembers approved it along largely bipartisan lines.
Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they dont miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
LaMalfa also filed a second amendment to the CJS bill thats aimed at including marijuana grow sites in the eligible category for [Drug Enforcement Administration] reimbursement of state, units of local government, or tribal governments for expenses incurred to clean-up and safely dispose of substances which may present a danger to public health or the environment found at illegal marijuana grow sites.
An additional LaMalfa amendment to a separate funding bill for the State Department is meant to express the intent to direct the Department of State to issue a report on the connections between international criminal organizations and illegal marijuana grows within the United States.
On the CJS bill, Rep. Jay Obernolte (R-CA) also filed an amendment intended to support efforts to eliminate illegal marijuana grows in South Eastern California.
The appropriations process this session has seennumerous drug policy reform provisionsincluded in bill text and attached reportsincludingprotecting banks that work with marijuana businesses, encouraging government agencies toreconsider policies that fire employees for useandexplore research into the medical value of psychedelicsandstopping immigrants from being deported for cannabis, amongother issues.
Separately, the full House of Representatives couldvote next week on amendments to large-scale minibus appropriations legislationthat would make it so marijuana possession or consumption could not be used at the sole basis for denying people access to public housing.
For the CJS appropriations bill where the new marijuana state protection language could be attached, amendments were due to be submitted by Friday afternoon. The House Rules Committee is set to make a rule next week, after which point the legislation and any amendments that are deemed in order will move to the floor for votes.
Kansas City Mayor Files Ordinance To Ban Pre-Employment Marijuana Testing For Most City Workers
Photo courtesy of Brian Shamblen.
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