Medical marijuana patients and the businesses that serve them in accordance with state laws will continue to be shielded from arrest and prosecution by federal officials, at least until September 30, under government-wide spending legislation signed by President Trump on Friday.
But unlike when Trump signed an extension of the provision last May, this time he did not include a signing statement reserving the right to ignore it.
The rider, which prevents the Department of Justice from spending money to interfere with the implementation of state medical cannabis laws, first became part of federal law in 2014 and has since been continued with annual funding bills and short-term extensions enacted in the intervening years.
Last May, when Trump signed a bill to fund the government known as the “Consolidated Appropriations Act, 2017,” he specifically called out the medical marijuana provision as potentially unduly limiting his authority as president to enforce federal laws:
“Division B, section 537 provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories. I will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed.”
But in signing this year’s funding bill, the “Consolidated Appropriations Act, 2018,” the president issued no such statement.
While the lack of a signing statement reserving the right to ignore the medical cannabis provision could be interpreted as a signal of the waning influence of marijuana opponents such as Attorney General Jeff Sessions, a simpler explanation might just be administrative disorganization.
In last year’s signing statement, Trump also singled out provisions concerning Guantanamo detainees, international agreements and access to documents by inspectors general. This year’s appropriations bill contained identical or similar provisions, and the president didn’t call them out in a signing statement this time, either.
And with respect to the medical marijuana rider, the president’s signing statement last year did not lead to a large-scale crackdown of enforcement actions against state-legal cannabis businesses in contravention of Congress’s intent.
So the significance or potential impact of the lack of a signing statement on marijuana this year is unclear.
But with Sessions’s rescission in January of Obama-era guidance that has generally allowed state to implement their own marijuana laws without federal interference, medical cannabis patients and the businesses that serve them will take all the good news they can get.
And that the president did not issue a signing statement reserving the right to send federal agents to arrest them even though Congress said not to provides at least some measure of good news.
Looking ahead, a bipartisan group of lawmakers is now pushing to include the medical cannabis rider in Fiscal Year 2019 legislation that Congress is beginning to consider. There is also a growing call to extend the protections to cover broader state laws allowing recreational marijuana use and sales.
Hemp Legalization Is Officially Headed to President Trump’s Desk For Signature
The 2018 Farm Bill, which would legalize industrial hemp, is officially headed to President Donald Trump’s desk. The House passed the legislation on Wednesday, one day after the Senate approved it.
It’s been decades since the ban on hemp was imposed—a byproduct of the federal government’s war on marijuana and other drugs. The ban, it seems, will be lifted in a matter of days.
The House passed the bill, 369-47.
The votes come after months of debate over other aspects of the wide-ranging agriculture bill. But the hemp legalization provision, shepherded by Senate Majority Leader Mitch McConnell (R-KY), has received bipartisan support at every step of the legislative process.
Hemp legalization made it through a conference committee where the Senate and House Agriculture Committees reconciled their respective versions of the bill. McConnell marked the occasion this week by signing the conference report with a hemp pen, which he said on Wednesday that the president was free to use to sign the bill into law.
The hemp provision would allow U.S. farmers to grow, process and sell the crop. The Justice Department would no longer have jurisdiction over hemp under the legislation; rather, the U.S. Department of Agriculture would lightly regulate it.
One element of the hemp language created tension between lawmakers and advocates. The original Senate-passed bill prohibited people with felony drug convictions from participating in the hemp industry, but a compromise was reached last week that limited that ban in the final version to 10 years after the last offense.
House Democrats in the Agriculture Committee listed hemp legalization as one of several reasons they were calling for a “yes” vote on the legislation.
The farm bill conference report legalizes industrial hemp. pic.twitter.com/2u5xxtKwaS
— House Agriculture Committee Democrats (@HouseAgDems) December 12, 2018
According to VoteHemp, if the president signs the bill before the year’s end, it will take effect on January 1, 2019.
Marijuana Industry Border Issues Would Be Solved Under New Congressional Bill
Marijuana can really mess up border and immigration issues for people who partake in consumption or participate in the industry, but that would change if a new bill being introduced in Congress this week is enacted.
Under current U.S. laws, people who admit to past cannabis use or who work for or invest in marijuana businesses can be barred from visiting the country under certain circumstances. And marijuana consumption, even if it is legal under state law, can lead to an immigrant being deported.
The new legislation, the Maintaining Appropriate Protections For Legal Entry Act, would provide exceptions for conduct that “was lawful in the State, Indian Tribe, or foreign country in which the conduct occurred” or that was “subsequently made lawful under the law or regulation of such jurisdiction,” according to a draft obtained by Marijuana Moment.
The bill, known as the MAPLE Act for short—surely a nod to the leaf on Canada’s flag—is being filed on Wednesday by Rep. Earl Blumenauer (D-OR).
U.S. border policies on entry by marijuana industry participants were slightly loosened just ahead of the launch of Canada’s legal marijuana market in October to clarify that people working for cannabis businesses are generally admissible to the U.S., with the caveat that “if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.”
And that’s a key exception. Several Canadians traveling to a cannabis industry conference in Las Vegas last month were detained for hours, with one investor being given a lifetime ban from visiting the U.S.
While there is almost certainly not enough time for Blumenauer’s proposal to be considered and voted on by the end of the year, its language could easily be adopted into new legislation after the 116th Congress is seated in January.
In October, the congressman laid out a plan for a step-by-step approach to federally legalizing marijuana in 2019 in a memo to fellow House Democrats.
Marijuana Moment supporters on Patreon can read the full text of the new MAPLE Act below:
Chicago Mayor Wants Legal Marijuana Revenue To Fund Pensions
Tax revenue from legal marijuana sales should be earmarked to fund pension programs, the mayor of Chicago said on Wednesday.
“Illinois legislators will be taking a serious look next year at legalizing recreational marijuana,” Mayor Rahm Emanuel (D) said in a speech to the City Council. “Should they follow that course, a portion of that revenue could go toward strengthening our pension funds and securing the retirement of the workers who depend on them.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Daniel X. O’Neil.