A budget request released by the White House on Monday proposes scaling back restrictive language that has prevented the city of Washington, D.C. from spending its own money to legalize and regulate the sale of recreational marijuana.
While District of Columbia voters approved a ballot measure in 2014 that makes it legal to possess and grow small amounts of cannabis, there is no mechanism by which consumers can legally buy marijuana in the nation’s capital (outside of medical cannabis dispensaries that only serve registered patients). That’s because although D.C. councilmembers and Mayor Muriel Bowser (D) would like to add in a legal sales component, longstanding congressional appropriations riders have blocked them from doing so.
In 2017, Congress tightened up the ban even further, taking away a potential loophole that city leaders had considered using to support a commercial legalization system.
But President Trump’s Fiscal Year 2020 budget request asks Congress to revert to an earlier, less-restrictive version of the language that leaves the workaround on the table as an option.
The relevant section of the new document reads:
“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.”
Two years ago, Congress changed that second subsection to instead bar use of funds “available for obligation or expenditure by the District of Columbia government under any authority” to lower penalties for cannabis.
The reason that matters is because under the “none of the funds contained in this Act” version, the city would still be able to use separate contingency reserve funds to pay for legalization even while monies contained in the annual appropriations legislation would be restricted.
It’s unclear if White House officials consciously made the change to the earlier, less-restrictive version or if staffers inadvertently did so by simply copying and pasting language from prior budgets. Trump’s FY19 request made the same proposed change, but Congress, through a series of continuing resolutions and omnibus appropriations legislation, has extended the more expansive “under any authority” language through at least this September.
The House and Senate Appropriations Committees will soon begin crafting their own spending bills for FY20, and legalization advocates expect that the new House Democratic majority will propose removing all restrictions on D.C.’s ability to spend its own money on cannabis policy changes and implementation.
Trump’s new budget request also proposes cutting funding for the White House Office of National Drug Control Policy—commonly referred to as the drug czar’s office—by more than 93 percent by moving its key projects, the High Intensity Drug Trafficking Areas and Drug-Free Communities programs, to the Department of Justice and the Substance Abuse and Mental Health Services Administration, respectively.
Trump’s FY2019 request made a similar request, but it was rejected by Congress.
The president’s new budget document also proposes continuing a congressionally approved provision that prevents the federal government from interfering with state industrial hemp research programs:
“SEC. 711. None of the funds made available by this Act or any other Act may be used—
“(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or
“(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.”
But it does not contain a current rider that protects state medical cannabis laws from Justice Department interference. Trump’s previous annual budget also did not include it. President Obama, following the measure’s initial enactment in 2014, requested its deletion in his subsequent budgets, but Congress has continued to extend it through at least the current fiscal year.
Photo courtesy of YouTube/The White House.