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Stop Jeff Sessions From Busting Medical Marijuana, Bipartisan Lawmakers Demand

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A bipartisan group of 62 members of Congress is asking House leaders to protect state medical marijuana policies and the patients and businesses that rely on them from federal enforcement agents and prosecutors.

“We respectfully request that you include language barring the Department of Justice from prosecuting those who comply with their state’s medical marijuana laws,” the lawmakers, led by Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR), wrote in a letter sent to the top Republican and Democrat on the House Appropriations Committee on Friday. “We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people.”

The provision, which has been part of federal law since 2014, is a rider to appropriations legislation that prevents the Drug Enforcement Administration and other Justice Department agencies from spending money to interfere with the implementation of state policies allowing medical cannabis.

It was first approved by a House floor vote of 219-189 in 2014 and then again in 2015 by a margin of 242-186. It has also been adopted by the Senate Appropriations Committee in a series of bipartisan votes.

But it is at risk of expiring soon because it only concerns individual years’ spending bills and must be proactively renewed annually in order to remain in effect.

“We believe that the consistent, bipartisan support for such protections against federal enforcement, combined with the fact that similar language has been in place since December 2014, makes a strong case for including similar language in your base FY 2019 appropriations bill,” the lawmakers wrote in the new letter.

Although federal courts have ruled that the provision protects people who are using, producing or selling medical marijuana in accordance with state laws, its language does have some ambiguities and those rulings currently only cover certain states. Accordingly, the supportive legislators want its provisions to be clarified in the new funding bill.

“Because of parliamentary restrictions on what may be offered as a floor amendment to appropriations bills, the amendment has historically been narrowly structured,” the wrote. “To provide the Department of Justice, states, and the residents of those states additional clarity and stability, we request that you include slightly modified language that reads as follows:

“None of the funds made available in this Act to the Department of Justice may be used to enforce federal prohibitions involving the use, distribution, possession, or cultivation of marijuana for medical purposes that are permitted by the laws of the state, the District of Columbia, or US. territory where the act was committed, or to prevent states, the District of Columbia, or US. territories from implementing their own laws that permit the use, distribution, possession, or cultivation of marijuana for medical purposes.”

In January, U.S. Attorney General Jeff Sessions rescinded a separate Obama-era Justice Department memo that has generally cleared the way for states to implement their own marijuana laws without federal interference.

In light of the Sessions move, some lawmakers want to expand the existing medical cannabis protections even further so that they cover all state marijuana laws, including those that allow recreational use and sales. Last month, for example, a bipartisan group of 18 senators sent a letter to congressional leaders asking that they broaden the language.

Such a measure came just nine flipped votes short of passage on the House floor in 2015. Since then, the number of states with legalization has more than doubled, meaning that a lot more members of Congress now represent constituents who would stand to be protected by it. But House leaders have consistently blocked cannabis amendments from even being considered over the past year and a half, so supporters have not been able to get another vote on the broader protections.

The new letter from lawmakers concerns funding legislation for Fiscal Year 2019, which begins on October 1. Separately, however, there is a concern that the medical marijuana protections may expire as soon as next week. That’s because Congress has not yet finalized Fiscal Year 2018 spending bills and has funded the government through a series of short-term extensions, with the current one set to run out on Friday, March 23.

Congressional leaders are expected to reveal an omnibus spending bill covering the period through September as soon as this weekend. While the Senate version of 2018 Justice Department legislation contains the medical cannabis rider, the House version does not due to leaders’ blocking a vote on the measure. It is unknown whether the Senate language will make it into the final bill set to be released in the coming days.

In a separate letter sent to appropriations leaders, 14 members of Congress are asking to cut funding for the Drug Enforcement Administration’s cannabis eradication program.

“Throughout the country, states are increasingly turning away from marijuana prohibition and enacting alternative policies to lower crime rates, free up limited law enforcement resources, and keep drugs out of the hands of children,” the wrote. “Despite both the Cannabis Eradication Program’s proven ineffectiveness and the seismic shift in attitudes on marijuana policy within Congress and across our nation, the DEA continues to spend millions of taxpayer dollars on this program, spending $22 million in 2015 alone. There is no justification for spending this kind of money on an antiquated program never shown to be effective.”

Read the full text of the new medical marijuana from lawmakers below:

FY2019 Protect State Medical Marijuana Programs 03.16.2018[2] by tomangell on Scribd

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Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

O’Rourke And Cruz Clash On Marijuana And Drugs At Senate Debate

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Candidates in one of the most contentious U.S. Senate races in the country this year clashed about the issues of marijuana legalization and drug policy reform during a debate on Friday night.

“I want to end the war on drugs and specifically want to end the prohibition on marijuana,” Democratic Congressman Beto O’Rourke said in response to an attack on his drug policy record from Republican Sen. Ted Cruz, whom he is seeking to unseat in November.

During one of the most heated exchanges of the hour-long debate, the GOP incumbent slammed O’Rourke for sponsoring an amendment as an El Paso city councilman in 2009 that called for a debate on legalizing drugs as a possible solution to violence along the Mexican border.

“I think it would be a profound mistake to legalize all narcotics and I think it would hurt the children of this country,” Cruz argued.

He also criticized a bill the Democrat filed in Congress to repeal a law that reduces highway funding for states that don’t automatically suspend drivers licenses for people convicted of drug offenses. “That’s a real mistake and it’s part of pattern,” he said.

“There’s a consistent pattern when it comes to drug use, that in almost every single instance, Congressman O’Rourke supports more of it.”

Calling the issue “personal to me,” Cruz spoke about his older sister, who died of a drug overdose.

“To be clear, I don’t want to legalize heroin and cocaine and fentanyl,” O’Rourke countered.

“What I do want to ensure is that where, in this country, most states have decided that marijuana will legal at some form—for medicinal purposes or recreational purposes or at a minimum be decriminalized—that we don’t have another veteran in this state, prescribed an opioid because the doctor at the VA would rather prescribe medicinal marijuana but is prohibited by law from doing that,” he said.

Enumerating other potential beneficiaries of cannabis reform, the Democrat also referenced an “older woman with fibromyalgia” and “an African-American man, because more likely than not, that’s who will be arrested for possession of marijuana, to rot behind bars, instead of enjoying his freedom and the opportunity to contribute to the greatness of this country.”

Cruz, who called O’Rourke, “one of the leading advocates in the country for legalizing marijuana,” said that he thinks ending cannabis prohibition “is actually a question on which I think reasonable minds can differ.”

“I’ve always had a libertarian bent myself,” he said. “I think it ought to be up to the states. I think Colorado can decide one way. I think Texas can decide another.”

But despite his support for letting states set their own cannabis laws, which he also voiced during his failed candidacy for the 2016 Republican presidential nomination, Cruz hasn’t cosponsored a single piece of legislation during his time in the Senate that would scale back federal marijuana prohibition.

Earlier in the debate, the two sparred over the killing this month of Botham Jean, an African-American man shot in his own apartment by a Dallas police officer, a subject about which O’Rourke recently made headlines by calling out in a fiery speech to a black church.

Marijuana In Texas: Where Ted Cruz And Beto O’Rourke Stand On Legalization

Photo courtesy of NBC News.

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Lawmaker Pushes For Marijuana Legalization In Kenya

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A Kenyan lawmaker is introducing legislation to legalize marijuana nationwide.

Member of Parliament Kenneth Okoth wrote a letter to the National Assembly speaker on Friday, requesting help to prepare the legislation so that it can be published.

The bill would decriminalize cannabis possession and use, clear criminal records of those with prior cannabis-related convictions, enact a legal and regulated commercial sales program and impose “progressive taxation measures” in order to “boost economic independence of Kenya and promote job creation.”

Currently, marijuana (or “bhang,” as it’s locally known) is illegal in Kenya—as it is in most of Africa.

Another provision of the draft legislation concerns “research and policy development.” Okoth wants the country to conduct studies on the medical, industrial, textile and recreational applications of cannabis. And that research would have a “focus on the preservation of intellectual property rights for Kenyan research and natural heritage, knowledge, and our indigenous plant assets,” according to the letter.

“It’s high time Kenya dealt with the question of marijuana like we do for tobacco, miraa, and alcohol,” Okoth wrote on Facebook.

“Legalize, regulate, tax. Protect children, eliminate drug cartels, reduce cost of keeping petty offenders in jail. Promote research for medical purposes and protect our indigenous knowledge and plants before foreign companies steal and patent it all.”

Okoth’s push for legalization in Kenya comes days after South Africa’s Constitutional Court ruled that individuals can grow and use marijuana for personal purposes. The court determined that prohibition violated a person’s right to privacy, effectively legalizing cannabis in the country.

It’ll take a while for Okoth’s bill to move forward. The legislation will need cabinet approval, then it must be published so that all interested parties can review the proposal before it enters into parliamentary debates. Whether Okoth’s fellow lawmakers will embrace the legislation is yet to be seen.

Don’t Legalize Marijuana, UN Drug Enforcement Board Warns Countries

Photo courtesy of Wikimedia.

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Governor Signs Marijuana Legalization Bill, Making History In US Territory

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With a governor’s signature on Friday, the latest place to legalize marijuana in the U.S. isn’t a state. It’s the Commonwealth of the Northern Mariana Islands (CNMI)—a tiny Pacific territory with a population of just over 50,000.

Under the new law signed by Gov. Ralph Torres (R), adults over 21 years of age will be able to legally possess up to one ounce of marijuana, as well as infused products and extracts. Regulators will issue licenses for cannabis producers, testing facilities, processors, retailers, wholesalers and lounges. Home cultivation of a small number of plants will be allowed.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of Max Pixel.

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