A U.S. District Court this week blocked federal prosecutors from moving forward with their conspiracy case against a pair of Northern California cultivators because the duo was determined to be in compliance with Golden State medical marijuana laws.
Humboldt County growers Anthony Pisarski and Sonny Moore had already pleaded guilty to federal allegations (conspiracy to manufacture and possess with intent to distribute) but sought an evidentiary hearing based on legislation, first enacted in 2014, that prohibits the U.S. Department of Justice from cracking down on cannabis suspects who are otherwise following their state laws. The Rohrabacher-Farr amendment is a budget rider, co-authored by SoCal U.S. Rep. Dana Rohrabacher, that prevents enforcement and prosecution in medical marijuana states by stripping funding for such endeavors.
U.S. District Court Judge Richard Seeborg on Tuesday stayed the prosecution, so the case is closed unless the Rohrabacher-Farr amendment expires and fails to be re-enacted and federal prosecutors want to resume their case. The defendants' Beverly Hills attorney, Ronald Richards, says: "This is the first time in my 23-year career I've had a case stopped because of an appropriations rider.
"What the court did in this case may be used as a blueprint for other cases," he says. "It opens the door for people not to get scared."
The judge cited United States v. McIntosh, a United States Court of Appeals for the Ninth Circuit decision last year that affirmed a medical marijuana defense for defendants facing federal prosecution in medical states. But experts say that United States v. Pisarski, et al. could help establish such a defense even further.
"It's significant that a federal court ruled that people targeted by feds and in compliance with California's medical marijuana laws ruled in the defendants' favor," says Dale Gieringer, director of California NORML. "This is the first case I'm aware of where McIntosh was cited and used to full effect."
Pisarski and Moore owned a property raided by feds in July 2012. Authorities said they found 327 marijuana plants, $416,125 in cash, and guns. But during the evidentiary process, the duo argued they were abiding by California laws and that federal prosecutors had no right to continue spending cash on their prosecution under Rohrabacher-Farr.
They argued that the weed was being sold to legit collectives. Judge Seeborg agreed, writing: "Their conduct strictly complied with all relevant conditions imposed by California law on the use, distribution, possession and cultivation of medical marijuana."
Tamar Todd, director of the Drug Policy Alliance's office of of legal affairs, said the ruling could have ripple effects throughout the West.
"This shows that you can prevail — defendants in federal court could have their prosecutions halted," she says. "It's enjoining the prosecution from being able to spend any more money on this case. It's very encouraging. It gives a lot of teeth to Rohrabacher-Farr."
Source
Showing posts with label Rohrabacher-Farr Amendment. Show all posts
Showing posts with label Rohrabacher-Farr Amendment. Show all posts
Saturday, August 12, 2017
Thursday, July 27, 2017
Senate committee, rejecting request from Sessions, keeps protection for medical marijuana states
The Senate Appropriations Committee has approved an amendment to protect state medical marijuana programs from federal interference, despite a written request from Attorney General Jeff Sessions earlier this year that they not do so.
The amendment, put forward Thursday by Sen. Patrick Leahy (D-Vermont), adds a clause to the Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill for Fiscal Year 2018 that prevents the Department of Justice from using funds to prevent any “State or jurisdiction from implementing a law that authorizes the use, distribution, possession, or cultivation of medical marijuana.”
Twenty-nine states, the District of Columbia, and territories Puerto Rico and Guam have passed laws legalizing various forms of medical marijuana.
In May, Sessions sent a letter to Congress asking them not to extend the Rohrabacher-Farr amendment with nearly identical language, which has been added to federal budgets since late 2014.
In his letter, Sessions argued that the amendment inhibits the Justice Department’s “authority to enforce the Controlled Substances Act. … It would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime. The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”
Last August, the 9th U.S. Circuit Court of Appeals unanimously ruled that the language of the Rohrabacher-Farr amendment bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.
In May, Representatives Dana Rohrabacher (R-California) and Earl Blumenauer (D-Oregon) introduced into the omnibus congressional spending bill a similar amendment that prevents the Justice Department from using funds to interfere with the implementation of medical marijuana laws in U.S. states and territories.
The CJS budget now moves to the full Senate. If approved, the bill and its included amendments will go to a special conference committee to reach a compromise with the House version of the budget. If no budget is approved by Sept. 30, the previous amendment will be automatically renewed for another year.
In response to the vote, Blumenauer tweeted: “No surprise! This effort has overwhelming bipartisan support. Now, it’s time for the House act.”
Follow
Earl Blumenauer ✔ @repblumenauer
No surprise! This effort has overwhelming bipartisan support. Now, it's time for the House act. https://twitter.com/NORML/status/890601987900940288 …
10:25 AM - Jul 27, 2017
47 47 Retweets 128 128 likes
Twitter Ads info and privacy
Here’s a look at some of the reactions from advocacy groups on both sides of the marijuana debate:
Erik Altieri, executive director for the National Organization for the Reform of Marijuana Laws said in a statement: “Attorney General Sessions thinks that medical marijuana patients are no better than members of illegal drug cartels. It is imperative that our elected officials remove any potential bite from Sessions’ bark by taking away his ability to use the full force of the federal government to go against the will of over 90 percent of American citizens who support medical marijuana access and, in the process, endangering the well-being of millions of medical marijuana patients.”
Kevin Sabet, president of Smart Approaches to Marijuana, said: “No one wants to deprive chronically ill patients of medication that could be helpful for them, but preventing the Justice Department from enforcing federal law is fueling black market activity and pushing patients toward an unregulated market proven to be hawking contaminated products as medicine.” He said efforts should be directed to fund more research on marijuana compounds that would go through the Food and Drug Administration approval process.
Don Murphy, director of conservative outreach for the Marijuana Policy Project, said in a statement: “More than half the states have taken a stand and said they want their seriously ill residents to have safe and reliable access to medical marijuana, and today the Senate Appropriations Committee listened. We strongly urge the rest of Congress to do the right thing and include this amendment in the final budget.”
Source
The amendment, put forward Thursday by Sen. Patrick Leahy (D-Vermont), adds a clause to the Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill for Fiscal Year 2018 that prevents the Department of Justice from using funds to prevent any “State or jurisdiction from implementing a law that authorizes the use, distribution, possession, or cultivation of medical marijuana.”
Twenty-nine states, the District of Columbia, and territories Puerto Rico and Guam have passed laws legalizing various forms of medical marijuana.
In May, Sessions sent a letter to Congress asking them not to extend the Rohrabacher-Farr amendment with nearly identical language, which has been added to federal budgets since late 2014.
In his letter, Sessions argued that the amendment inhibits the Justice Department’s “authority to enforce the Controlled Substances Act. … It would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime. The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”
Last August, the 9th U.S. Circuit Court of Appeals unanimously ruled that the language of the Rohrabacher-Farr amendment bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.
In May, Representatives Dana Rohrabacher (R-California) and Earl Blumenauer (D-Oregon) introduced into the omnibus congressional spending bill a similar amendment that prevents the Justice Department from using funds to interfere with the implementation of medical marijuana laws in U.S. states and territories.
The CJS budget now moves to the full Senate. If approved, the bill and its included amendments will go to a special conference committee to reach a compromise with the House version of the budget. If no budget is approved by Sept. 30, the previous amendment will be automatically renewed for another year.
In response to the vote, Blumenauer tweeted: “No surprise! This effort has overwhelming bipartisan support. Now, it’s time for the House act.”
Follow
Earl Blumenauer ✔ @repblumenauer
No surprise! This effort has overwhelming bipartisan support. Now, it's time for the House act. https://twitter.com/NORML/status/890601987900940288 …
10:25 AM - Jul 27, 2017
47 47 Retweets 128 128 likes
Twitter Ads info and privacy
Here’s a look at some of the reactions from advocacy groups on both sides of the marijuana debate:
Erik Altieri, executive director for the National Organization for the Reform of Marijuana Laws said in a statement: “Attorney General Sessions thinks that medical marijuana patients are no better than members of illegal drug cartels. It is imperative that our elected officials remove any potential bite from Sessions’ bark by taking away his ability to use the full force of the federal government to go against the will of over 90 percent of American citizens who support medical marijuana access and, in the process, endangering the well-being of millions of medical marijuana patients.”
Kevin Sabet, president of Smart Approaches to Marijuana, said: “No one wants to deprive chronically ill patients of medication that could be helpful for them, but preventing the Justice Department from enforcing federal law is fueling black market activity and pushing patients toward an unregulated market proven to be hawking contaminated products as medicine.” He said efforts should be directed to fund more research on marijuana compounds that would go through the Food and Drug Administration approval process.
Don Murphy, director of conservative outreach for the Marijuana Policy Project, said in a statement: “More than half the states have taken a stand and said they want their seriously ill residents to have safe and reliable access to medical marijuana, and today the Senate Appropriations Committee listened. We strongly urge the rest of Congress to do the right thing and include this amendment in the final budget.”
Source
Tuesday, April 25, 2017
It’s Time For Congressional Action On Marijuana Policy
West Virginia recently became the 30th state to authorize the physician-recommended use of marijuana or marijuana-infused products. An additional fourteen states permit patients to access products containing cannabidiol, a specific chemical compound available in the cannabis plant. And this past January, scholars at the National Academy of Sciences determined that there exists “conclusive evidence” that the herb is effective for the treatment of chronic pain and other diseases. Nonetheless, federal law continues to declare that neither marijuana nor any of its organic constituents possess any “accepted medical use in treatment in the United States.” This sort of Flat Earth contention no longer passes the smell test.
That is why it remains exceedingly curious and excruciatingly frustrating that members of Congress steadfastly refuse to amend federal law in a manner that comports with this new reality. Ninety-four percent of US voters now believe that medical cannabis therapy ought to be legal and regulated, according to survey data provided last week by Quinnipiac University, and the overwhelming majority of Americans now reside in jurisdictions that have amended their laws in a manner that recognizes the therapeutic utility of the cannabis plant. It is high time that federal lawmakers do the same, and do so soon.
The failure of Congress to amend federal marijuana laws places the millions of patients who rely on these state-sanctioned programs at legal risk. That is because an existing federal provision protecting these programs could potentially expire later this week. The provision, known as the Rohrabacher-Farr amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In December, Congress re-authorized the amendment as part of a short term spending package through April 28, 2017, at which time the budget — and the Amendment — will expire unless it is reauthorized by Congress.
In recent years, strong majorities of Congress have voted in favor of keeping this budgetary provision in place and it is vital that they do so again, especially now that the incoming administration has threatened to increase anti-marijuana enforcement efforts in states that have legalized it. Yet Congress can do far more.
Several bipartisan pieces of legislation are pending before the House and Senate that would rectify the existing, and ultimately untenable, conflict between state and federal marijuana laws. Among these, SB 777 | HR 1810 would amend the federal tax code in a manner that acknowledges the legitimacy of state-licensed marijuana businesses, HR 1820 would expand medical cannabis access to eligible military veterans, and HR 715 would reclassify marijuana and cannabidiol under federal law in a manner that for the first recognizes their therapeutic utility.
In addition, both HR 975, ‘The Respect State Marijuana Laws Act,’ and HR 1227 provide states with the flexibility and autonomy to establish their own marijuana policies free from federal interference. More than seven out of ten voters, including majorities of self-identified Democrats, Independents, and Republicans, support allowing states — not the federal government — the power to arbitrate pot policy.
So why are members of Congress dragging their feet? Many reflexively contend that more research is needed before the federal government can act. But this excuse fails to stand up to scrutiny.
Unlike modern pharmaceuticals, cannabis possesses an extensive history of human use dating back thousands of years, thus providing society with ample empirical evidence as to its relative safety and efficacy. Moreover, cannabis and its compounds are among some of the more studied biologically active substances of modern times. A search on PubMed using the term ‘marijuana’, yields nearly 25,000 scientific papers referencing the plant and/or its components. This totality of peer-reviewed research is far greater than that which exists for most other controlled substances, particularly pharmaceuticals. For example, a similar search for ‘hydrocodone’ (a commonly prescribed opioid pain medication) yields fewer than 1,000 citations in the peer-reviewed literature, while a search for ‘adderall’ (a prescription amphetamine often provided to young people to treat ADHD) reveals only 201 papers.
While cannabis’ Schedule I classification under federal law makes clinical research far more onerous than it should be, it does not preclude it all together. FDA-approved placebo controlled studies exist assessing the safety and efficacy of cannabis, and a recent literature review identifies an estimated 140 controlled trials involving some 8,000 patient participants. A recent review of several of these trials concludes, “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”
In short, we know enough about the relative safety and efficacy of cannabis, as well as the failures of cannabis prohibition, to allow adults the option to consume it and to allow states the autonomy to regulate it as best they see fit. It is time for members of Congress to acknowledge this reality and to amend federal laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status.
Source
Good idea. Let's tell our Represetative and Senators about this. Let's tell Trump about it too.
That is why it remains exceedingly curious and excruciatingly frustrating that members of Congress steadfastly refuse to amend federal law in a manner that comports with this new reality. Ninety-four percent of US voters now believe that medical cannabis therapy ought to be legal and regulated, according to survey data provided last week by Quinnipiac University, and the overwhelming majority of Americans now reside in jurisdictions that have amended their laws in a manner that recognizes the therapeutic utility of the cannabis plant. It is high time that federal lawmakers do the same, and do so soon.
The failure of Congress to amend federal marijuana laws places the millions of patients who rely on these state-sanctioned programs at legal risk. That is because an existing federal provision protecting these programs could potentially expire later this week. The provision, known as the Rohrabacher-Farr amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In December, Congress re-authorized the amendment as part of a short term spending package through April 28, 2017, at which time the budget — and the Amendment — will expire unless it is reauthorized by Congress.
In recent years, strong majorities of Congress have voted in favor of keeping this budgetary provision in place and it is vital that they do so again, especially now that the incoming administration has threatened to increase anti-marijuana enforcement efforts in states that have legalized it. Yet Congress can do far more.
Several bipartisan pieces of legislation are pending before the House and Senate that would rectify the existing, and ultimately untenable, conflict between state and federal marijuana laws. Among these, SB 777 | HR 1810 would amend the federal tax code in a manner that acknowledges the legitimacy of state-licensed marijuana businesses, HR 1820 would expand medical cannabis access to eligible military veterans, and HR 715 would reclassify marijuana and cannabidiol under federal law in a manner that for the first recognizes their therapeutic utility.
In addition, both HR 975, ‘The Respect State Marijuana Laws Act,’ and HR 1227 provide states with the flexibility and autonomy to establish their own marijuana policies free from federal interference. More than seven out of ten voters, including majorities of self-identified Democrats, Independents, and Republicans, support allowing states — not the federal government — the power to arbitrate pot policy.
So why are members of Congress dragging their feet? Many reflexively contend that more research is needed before the federal government can act. But this excuse fails to stand up to scrutiny.
Unlike modern pharmaceuticals, cannabis possesses an extensive history of human use dating back thousands of years, thus providing society with ample empirical evidence as to its relative safety and efficacy. Moreover, cannabis and its compounds are among some of the more studied biologically active substances of modern times. A search on PubMed using the term ‘marijuana’, yields nearly 25,000 scientific papers referencing the plant and/or its components. This totality of peer-reviewed research is far greater than that which exists for most other controlled substances, particularly pharmaceuticals. For example, a similar search for ‘hydrocodone’ (a commonly prescribed opioid pain medication) yields fewer than 1,000 citations in the peer-reviewed literature, while a search for ‘adderall’ (a prescription amphetamine often provided to young people to treat ADHD) reveals only 201 papers.
While cannabis’ Schedule I classification under federal law makes clinical research far more onerous than it should be, it does not preclude it all together. FDA-approved placebo controlled studies exist assessing the safety and efficacy of cannabis, and a recent literature review identifies an estimated 140 controlled trials involving some 8,000 patient participants. A recent review of several of these trials concludes, “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”
In short, we know enough about the relative safety and efficacy of cannabis, as well as the failures of cannabis prohibition, to allow adults the option to consume it and to allow states the autonomy to regulate it as best they see fit. It is time for members of Congress to acknowledge this reality and to amend federal laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status.
Source
Good idea. Let's tell our Represetative and Senators about this. Let's tell Trump about it too.
Friday, December 16, 2016
Rohrabacher Farr Act extended until April 28,2017
From the National Organization for the Reform of Marijuana Laws (NORML):
Members of Congress have re-authorized a federal provision prohibiting the Justice Department from interfering in state-authorized medical cannabis programs. The provision, known as the Rohrabacher-Farr amendment, was included in short-term spending legislation, House Resolution 2028, and will expire on April 28, 2017.
Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from "implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana." In August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.
Because the provision is included as part of a Congressional spending package and does not explicitly amend the US Controlled Substances Act, members must re-authorize the amendment annually. However, House leadership may prohibit federal lawmakers from revisiting the issue when they craft a longer-term funding bill this spring. Such a change in House rules would require members of the Senate to pass an equivalent version of the legislation, which would then need to be approved by House leaders in conference committee.
Members of Congress have re-authorized a federal provision prohibiting the Justice Department from interfering in state-authorized medical cannabis programs. The provision, known as the Rohrabacher-Farr amendment, was included in short-term spending legislation, House Resolution 2028, and will expire on April 28, 2017.
Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from "implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana." In August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.
Because the provision is included as part of a Congressional spending package and does not explicitly amend the US Controlled Substances Act, members must re-authorize the amendment annually. However, House leadership may prohibit federal lawmakers from revisiting the issue when they craft a longer-term funding bill this spring. Such a change in House rules would require members of the Senate to pass an equivalent version of the legislation, which would then need to be approved by House leaders in conference committee.
Saturday, December 10, 2016
According to CNBC even Jeff Sessions can't stop the marijuana train
In November, the country elected a new president who promised to shake up Washington. At the same time, the cannabis industry took a giant leap forward with seven states voting yes to measures further legalizing marijuana. In total, California, Nevada, Massachusetts and Maine legalized recreational use, and Florida, North Dakota and Arkansas legalized medical use, bringing the total number of states with legal marijuana to 29.
The recent slate of successful marijuana-related measures at the state level could be viewed as a national referendum on cannabis. The "yes" votes cut across party lines and presidential candidates. Today, two-thirds of Americans live in states with legal access to cannabis.
California, the first to pass medical marijuana two decades ago, is arguably the most significant bellwether state in the evolution of cannabis. It is the country's most populous state, the sixth largest economy in the world and a cultural trendsetter. California's Proposition 64 legalizing adult use of marijuana passed with 57 percent of the votes.
As President-elect Donald Trump nominates members of his cabinet, some have conjectured about what U.S. Attorney General appointee Jeff Sessions, a Republican senator from Alabama, might mean for the future of the cannabis industry. The sober conclusion? Very little.
It is true that Mr. Sessions publicly has expressed contempt for marijuana users, but it is a giant leap to equate one's personal stance with a public policy position that will impact millions of lives. You can be a teetotaler, but still believe that the best way for government to control alcohol consumption is to regulate it, not ban it.
"The cannabis industry is on track to reach $23 billion by the end of the decade, it is already a major economic engine employing more than 100,000 and generating millions in tax revenue."
What we do know, from a policy perspective, is that Mr. Trump is on the record saying marijuana policy is something best left to the states, a position consistent with Republican Party's core doctrines.
U.S. Rep. Dana Rohrabacher (R-Calif.), a long-time supporter of marijuana policy reform in Capitol Hill, told reporters recently that he trusts that Mr. Trump's hands-off approach is likely to prevail.
In fact, Mr. Rohrabacher may hold more sway on federal policy than anyone in the executive branch when it comes to marijuana. The Rohrabacher-Farr Amendment, which he co-authored, prohibits the U.S. Department of Justice from prosecuting those who engage in state-sanctioned use, cultivation and dispensing of medical marijuana. It was first passed in 2014 with bipartisan support and again in 2015. It needs to be renewed each year, but it is currently the law.
Others have pointed out that the president cannot nullify state laws, and only Congress has the power to pass federal laws. And Congress' attitude toward marijuana is likely to reflect the U.S. electorate. The vast majority of Americans today favor legalizing marijuana, about 60 percent, the largest percentage ever, according to recent polls.
There are currently several bills working their way through Congress that could further ease Prohibition, including the Marijuana Business Access to Banking Act that would update federal banking rules to resolve conflicts between federal and state laws and allow banks and credit unions to provide services to legitimate marijuana businesses. U.S. Rep. Denny Heck (D-Wash.), a co-author of the banking bill, has said the results of this year's elections could give his bill a boost.
As more and more states legalize marijuana, the federal stance will be become untenable in the long run. It is fundamentally unfair that the same act of consuming marijuana can be perfectly legal in one state, and land you in prison in another. President Barack Obama made that very point during a recent interview with Bill Maher telling the television host that the time will come when the federal government must review its stance on cannabis.
With all due respect to President-elect Trump and Mr. Sessions, this debate is larger than one administration or one cabinet nomination. The cannabis industry is on track to reach $23 billion by the end of the decade, it is already a major economic engine employing more than 100,000 and generating millions in tax revenue.
The way for progress is not to turn back time, but to continue institutionalizing this space with professional standards and reasonable regulations that protect consumers and citizens.
Source
I added "According to CNBC" to the original title. The original title might just poke the bear too much and too hard. If that happens that bear will swipe his paw and cause marijuana dispensaries nationwide to be closed down. If you were not around in the 80's you are not familiar with the prohibitionist mindset being mainstream. Where the DEA had society's blessings and those that used marijuana were labeled as "drug addicts","stupid potheads" and "waste cases". The police could act on a tip by an informer (there have been cases where the informer was a fictional character) breakdown you front door. Making you lay down on your stomach as they ransack your house. They didn't find anything but they are going to take your home,cars and other property away anyway under the asset forfeiture laws. Your children will be taken away from you and given to strangers. Those were the days of the 80's. The same 80's Sessions wants to return this country to.
The recent slate of successful marijuana-related measures at the state level could be viewed as a national referendum on cannabis. The "yes" votes cut across party lines and presidential candidates. Today, two-thirds of Americans live in states with legal access to cannabis.
California, the first to pass medical marijuana two decades ago, is arguably the most significant bellwether state in the evolution of cannabis. It is the country's most populous state, the sixth largest economy in the world and a cultural trendsetter. California's Proposition 64 legalizing adult use of marijuana passed with 57 percent of the votes.
As President-elect Donald Trump nominates members of his cabinet, some have conjectured about what U.S. Attorney General appointee Jeff Sessions, a Republican senator from Alabama, might mean for the future of the cannabis industry. The sober conclusion? Very little.
It is true that Mr. Sessions publicly has expressed contempt for marijuana users, but it is a giant leap to equate one's personal stance with a public policy position that will impact millions of lives. You can be a teetotaler, but still believe that the best way for government to control alcohol consumption is to regulate it, not ban it.
"The cannabis industry is on track to reach $23 billion by the end of the decade, it is already a major economic engine employing more than 100,000 and generating millions in tax revenue."
What we do know, from a policy perspective, is that Mr. Trump is on the record saying marijuana policy is something best left to the states, a position consistent with Republican Party's core doctrines.
U.S. Rep. Dana Rohrabacher (R-Calif.), a long-time supporter of marijuana policy reform in Capitol Hill, told reporters recently that he trusts that Mr. Trump's hands-off approach is likely to prevail.
In fact, Mr. Rohrabacher may hold more sway on federal policy than anyone in the executive branch when it comes to marijuana. The Rohrabacher-Farr Amendment, which he co-authored, prohibits the U.S. Department of Justice from prosecuting those who engage in state-sanctioned use, cultivation and dispensing of medical marijuana. It was first passed in 2014 with bipartisan support and again in 2015. It needs to be renewed each year, but it is currently the law.
Others have pointed out that the president cannot nullify state laws, and only Congress has the power to pass federal laws. And Congress' attitude toward marijuana is likely to reflect the U.S. electorate. The vast majority of Americans today favor legalizing marijuana, about 60 percent, the largest percentage ever, according to recent polls.
There are currently several bills working their way through Congress that could further ease Prohibition, including the Marijuana Business Access to Banking Act that would update federal banking rules to resolve conflicts between federal and state laws and allow banks and credit unions to provide services to legitimate marijuana businesses. U.S. Rep. Denny Heck (D-Wash.), a co-author of the banking bill, has said the results of this year's elections could give his bill a boost.
As more and more states legalize marijuana, the federal stance will be become untenable in the long run. It is fundamentally unfair that the same act of consuming marijuana can be perfectly legal in one state, and land you in prison in another. President Barack Obama made that very point during a recent interview with Bill Maher telling the television host that the time will come when the federal government must review its stance on cannabis.
With all due respect to President-elect Trump and Mr. Sessions, this debate is larger than one administration or one cabinet nomination. The cannabis industry is on track to reach $23 billion by the end of the decade, it is already a major economic engine employing more than 100,000 and generating millions in tax revenue.
The way for progress is not to turn back time, but to continue institutionalizing this space with professional standards and reasonable regulations that protect consumers and citizens.
Source
I added "According to CNBC" to the original title. The original title might just poke the bear too much and too hard. If that happens that bear will swipe his paw and cause marijuana dispensaries nationwide to be closed down. If you were not around in the 80's you are not familiar with the prohibitionist mindset being mainstream. Where the DEA had society's blessings and those that used marijuana were labeled as "drug addicts","stupid potheads" and "waste cases". The police could act on a tip by an informer (there have been cases where the informer was a fictional character) breakdown you front door. Making you lay down on your stomach as they ransack your house. They didn't find anything but they are going to take your home,cars and other property away anyway under the asset forfeiture laws. Your children will be taken away from you and given to strangers. Those were the days of the 80's. The same 80's Sessions wants to return this country to.
Friday, September 23, 2016
Don't let them bust medical marijuana dispensaries support the Rohrabacher-Farr Amendment
For the past two years, Congress has passed annual spending bills which included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. However, members of Congress have yet to taken action to reauthorize this provision and therefore the law is set to expire at the end of the month.
The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”
Just last month, a three-judge panel of the US Court of Appeals for the 9th Circuit upheld the amendment, opining that federal officials are not permitted to engage in the criminal prosecution of those who are involved in activity related to medical marijuana absent evidence that the defendants are in clear violation of state law. However, this protection ceases to exist if the provision is not renewed — putting hundreds of thousands of patients and providers at risk.
Please enter your zip code below to contact your federally elected officials and urge them to move quickly to reauthorize the Rohrabacher-Farr Amendment and to keep these important patient protections in place.
To sign petition
Wednesday, September 7, 2016
Don't let the Feds resume arrests of medical marijuana patients
From Americans For Safe Access:
As a medical cannabis advocate, you are probably aware that the Rohrabacher-Farr amendment to the Department of Justice’s (DOJ) budget has been helping defendants win in federal court. Beginning with the Marin Alliance for Medical Marijuana ruling last October, to dropping the case against Harborside this May, to the McIntosh victory in the 9th Circuit last month, the amendment has been protecting safe and legal access for patients. The amendment was passed in 2014 and 2015 thanks in part to the support and efforts of medical cannabis activists like you!
Earlier this year, the Senate Appropriations Committee voted overwhelming to include it in next DOJ budget. However, the amendment is set to expire at the end of September and the House has yet to vote on it. If the amendment expires, the federal prosecutions against those obeying their state medical cannabis laws could resume once again.
You can help by sending an email to your representative thanking them for voting yes last year or to encourage those who voted no to take another look at the issue. Also contact your Senators and tell them to extend these protections for another year.
As a medical cannabis advocate, you are probably aware that the Rohrabacher-Farr amendment to the Department of Justice’s (DOJ) budget has been helping defendants win in federal court. Beginning with the Marin Alliance for Medical Marijuana ruling last October, to dropping the case against Harborside this May, to the McIntosh victory in the 9th Circuit last month, the amendment has been protecting safe and legal access for patients. The amendment was passed in 2014 and 2015 thanks in part to the support and efforts of medical cannabis activists like you!
Earlier this year, the Senate Appropriations Committee voted overwhelming to include it in next DOJ budget. However, the amendment is set to expire at the end of September and the House has yet to vote on it. If the amendment expires, the federal prosecutions against those obeying their state medical cannabis laws could resume once again.
You can help by sending an email to your representative thanking them for voting yes last year or to encourage those who voted no to take another look at the issue. Also contact your Senators and tell them to extend these protections for another year.
Wednesday, April 20, 2016
Urgent Action Needed to Protect Cannabis Patients and Programs
Americans for Safe Access:
On Thursday, the Senate Appropriations Committee will vote on an amendment to the Commerce, Justice, and Science (CJS) Appropriations bill. The Mikulski Amendment is the Senate version of the Rohrabacher-Farr Amendment, which prohibits the Department of Justice (DOJ) from interfering with those abiding by their state medical cannabis law. The Committee approved the Mikulski Amendment last year by a vote of 21-9, but it must be reauthorized again each year.
The Mikulski Amendment has helped slow down DOJ’s efforts to interfere with state medical cannabis programs and the patients who rely upon them. The amendment has been shown to have real impact in protecting programs and patients. In October 2015, Federal District Judge Charles Breyer cited the amendment when ruling that the federal government may not interfere with a medical cannabis dispensary unless they are violating state law. Last week, DOJ dropped its appeal against the Marin Alliance for Medical Marijuana, letting Judge Breyer’s ruling stand. This is why it is vital for us to pass the amendment again.
Take action to email your member(s) of the Senate Appropriations Committee and tell them “Protect medical cannabis programs and patients. Vote YES on the Mikulski medical cannabis amendment!”
With over 100,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and caregivers.
To sign petition
On Thursday, the Senate Appropriations Committee will vote on an amendment to the Commerce, Justice, and Science (CJS) Appropriations bill. The Mikulski Amendment is the Senate version of the Rohrabacher-Farr Amendment, which prohibits the Department of Justice (DOJ) from interfering with those abiding by their state medical cannabis law. The Committee approved the Mikulski Amendment last year by a vote of 21-9, but it must be reauthorized again each year.
The Mikulski Amendment has helped slow down DOJ’s efforts to interfere with state medical cannabis programs and the patients who rely upon them. The amendment has been shown to have real impact in protecting programs and patients. In October 2015, Federal District Judge Charles Breyer cited the amendment when ruling that the federal government may not interfere with a medical cannabis dispensary unless they are violating state law. Last week, DOJ dropped its appeal against the Marin Alliance for Medical Marijuana, letting Judge Breyer’s ruling stand. This is why it is vital for us to pass the amendment again.
Take action to email your member(s) of the Senate Appropriations Committee and tell them “Protect medical cannabis programs and patients. Vote YES on the Mikulski medical cannabis amendment!”
With over 100,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and caregivers.
To sign petition
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