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U.S. House Votes to Stop DOJ From Interfering With State Medical Marijuana Laws, Defeats Broader Reform Amendment

Rohrabacher

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Today, the U.S. House of Representatives approved by a vote of 242-186 a measure that is intended to prevent the federal government from interfering in state medical marijuana laws. It voted against a measure (by a vote of 206-222), however, that would prevent the government from interfering with state laws regulating all uses of marijuana, including recreational use by adults.

The medical marijuana amendment, offered by Reps. Dana Rohrabacher (R-CA) (pictured above) and Sam Farr (D-CA) to the House version of the Commerce, Justice, Science and Related Agencies Appropriations Act, prohibits the Justice Department, including the Drug Enforcement Administration, from using funds to interfere in the implementation of laws that allow the cultivation, distribution, and use of marijuana for medical purposes, explains the Marijuana Policy Project (MPP) in a press release announcing the news.

According to the MPP, the amendment has been offered in the House eight times since 2003, and it passed for the first time last year. It was codified in the so-called “CRomnibus” funding bill in December, and it is expected to be included in the final spending law again this year.

The 242-186 vote showed significant gains in support over last year’s historically successful vote on the same amendment, which totaled 219-189, according to a press release issued by the National Cannabis Industry Association (NCIA).

"The Rohrabacher-Farr Amendment will still need to be adopted by the Senate and signed by President Obama before it extends the spending prohibition on DOJ, but the conditions look strong for Senate approval," reports American for Safe Access.

Rep. Sam FarrRep. Sam Farr

Rep. Sam Farr

The measure that would have prevented the government from interfering with all state marijuana laws (including recreational use by adults) was offered by Reps. Tom McClintock (R-CA) and Jared Polis (D-CO) to the House version of the Commerce, Justice, Science and Related Agencies Appropriations Act. It would have prohibited the Justice Department, including the Drug Enforcement Administration, from using funds to interfere in the implementation of state laws that allow the cultivation, distribution, and use of marijuana.

“The federal government shouldn’t be swooping into Colorado to decide how we regulate marijuana any more than it should be swooping in to Louisiana to tell them how they should regulate crawfish,” Polis—who also co-sponsored the Rohrabacher-Farr Medical Marijuana Amendment—told The Cannabist.

"The House also passed three amendments, sponsored by Reps. Steve Cohen (D-TN), Ted Lieu (D-CA), and Joaquin Castro (D-TX), respectively, which redirected a combined total of $23 million away from the DEA and toward analyzing rape kits, helping victims of child and domestic abuse, and purchasing body cameras for police officers," reports the MPP.

“Today’s vote is the most significant step Congress has ever taken toward ending federal marijuana prohibition," Dan Riffle, director of federal policies for the MPP, commented in the press release. "This is the first time this amendment [regarding all uses of marijuana, not just medical] has been offered, and it received an impressive amount of support. It’s not really a question of whether this measure will pass; it’s a question of when it will pass."

Riffle added, “Most Americans think marijuana should be legal for adults. With more and more states adopting their own marijuana policies, the tension between state and federal laws needs to be addressed. Just about every candidate for president has said states should be free to determine their own marijuana policies. It is time for Congress to get serious about addressing this problem and repeal federal prohibition so that states can regulate marijuana as they see fit.” 

"Considering this is the first vote ever to completely end marijuana prohibition, the results are very encouraging," wrote Bill Piper, director, National Affairs, for the Drug Policy Alliance, in an email letter to the organization's constituents regarding today's vote. "With enough work and grassroots pressure I believe we can win this vote next year.

Aaron Smith, executive director of the NCIA, commented in NCIA's statement: "We’re disappointed that some Members of Congress don’t think the principles of respect for state policies and voter mandates should be consistently applied, but we’re grateful to Rep. McClintock, Polis, and their co-sponsors for standing up for fairness. We’ve very proud of the work that NCIA and our allies have done to educate policymakers about the critical need for federal marijuana policy reform, and we’ll build on this toward even greater success in the future.”

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