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.”

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No surprise! This effort has overwhelming bipartisan support. Now, it's time for the House act. https://twitter.com/NORML/status/890601987900940288 …
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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.”

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Senate Committee Overwhelmingly Passes Veterans Equal Access Amendment

Today, the Senate Appropriations Committee voted 24-7 to include the Veterans Equal Access amendment as part of the 2018 Military Construction, Veterans Affairs and Related Agencies Appropriations bill, which would expand much needed medical marijuana access to our nation’s veterans.

Presently, V.A. doctors in states where cannabis therapy is permitted are forbidden from providing the paperwork necessary to complete a medical cannabis recommendation, thus forcing military veterans to seek the advice of a private, out-of-network physician.

Veterans are increasingly turning to medical cannabis as an effective alternative to opioids and other conventional medications to treat conditions like chronic pain and post-traumatic stress. A retrospective review of patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction on a scale of post-traumatic symptom scores following cannabis therapy. This is why, in recent months, two of the largest veterans’ rights groups — AMVETS and the American Legion — have resolved in favor of patients’ access to cannabis therapy.

The amendment was introduced by Senator Daines, R-Montana for the second year in a row. Last year, majorities in both the US House and Senate voted to include similar language as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee elected to remove the language from the bill during a concurrence vote.

The 24-7 roll call was an increase over last years 20-10 appropriations passage. The changes came from Senators Susan Collins (R-ME), Senator John Hoeven (R-ND) and Jerry Moran (R-KS) all voting “aye” after having voted against the effort last year and both new members of the committee, Senators John Kennedy (R-LA) and Joe Manchin (D-WV) voting in favor.

Identical language is expected to receive a vote in the House later this year. Keep an eye on NORML’s Act page for that and other changes.

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This is what activism accomplishes. We made 3 prohibitionists vote in our favor. That is the power of the people. That is what we can accomplish. There are petitions at the NORML Action Center website. Please fill these petitions out on a daily basis. This is how we get through to them and to make sure Washington DC doesn't forget about us.

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.