House of Representatives panel approves amendment to protect state legal cannabis programs

The House Appropriations Committee on Tuesday approved an amendment that would protect companies and individuals participating in recreational cannabis programs that are legal under state law from interference and prosecution by the federal government. The amendment, which adds a budget tab to the Commerce, Justice, Science and Related Entities Appropriations Act of 2023, was approved by an oral vote before the committee passed the entire bill by a vote of 31 to 24.

The bipartisan amendment was introduced by Democratic Rep. Barbara Lee of California and Rep. David Joyce, a Republican from Ohio. The legislation also has support from congressional cannabis advocates who do not sit on the Appropriations Committee, including Oregon Rep. Earl Blumenauer and District of Columbia Rep. Eleanor Holmes Norton, both Democrats, and Republican Rep. Tom McClintock of California.

No federal funding for tracking weed

Under the budget tab, the Justice Department is prohibited from using federal funds to interfere with the powers of a state, territory, tribal government, or the District of Columbia to enact laws regulating the production, sale, and use of cannabis. Legislation passed by the House of Representatives also prohibits the government from taking action against adults who act in accordance with adult-use cannabis programs that are legal under state, tribal or territorial law.

“Congress must respect the will of voters and prevent wasteful prosecutions by the Justice Department of those who do not comply with their state or tribe’s cannabis regulations,” Blumenauer said in a statement. “I have directed the work to develop this language that protects the state and tribal programs enacted as legislation to end prohibition policies and allow for the development of marijuana programs for both adult and medical use.”

Similar changes have been approved by the full House of Representatives over the past two years as part of the omnibus legislation on appropriations, but have not been included in the final version of the bills. Since 2014, Congress has passed grants legislation that provides protections for those who act in accordance with state medical cannabis laws.

In 2018, former Attorney General Jeff Sessions reversed the Cole memo that had directed the Justice Department since 2013 to give low priority to prosecuting cannabis offenses that are legal under state law. Current Attorney General Merrick Garland has repeatedly said that enforcement of marijuana prohibition laws generally does not represent an effective use of federal funds, although prosecutions continue in many jurisdictions.

Morgan Fox, the policy director of the National Organization for the Reform of Marijuana Laws (NORML), welcomed the passage of the change in a statement from the cannabis policy reform advocacy group.

“While federal lawmakers continually work to determine the best way to finally end marijuana prohibition and reverse the damage it has caused, those involved in regulated cannabis programs in the growing number of states operating in leaders on this issue, knowing if the federal government will be actively standing in the way of their continued successes,” Fox said. “Adding these safeguards to the federal budget will go a long way in giving individuals, businesses and state governments some peace of mind while sending a signal to the vast majority of Americans who support cannabis legalization and regulation that their elected officials support them actually listen. ”

The cannabis industry reacts to the House vote

Reactions from representatives of the growing cannabis industry to the passage of the Budget Rider have been mostly positive, although many experts have noted that the legislation does not go far enough. Katrina Skinner, general counsel and chief banking officer of cannabis compliance platform Simplifya, said that while the amendment passed by the Appropriations Committee is a positive sign that some lawmakers are willing to make progress on reforming the policy, they are does not have the power of comprehensive legislation to legalize cannabis nationwide. Skinner noted that previous legislation, known as the Rohrabacher Farr Amendment, protecting state-legal medicinal cannabis programs across the country has not been consistently applied.

“While the House Bill is another symbolic step in the right direction to protect the states legal cannabis industry, it is unlikely to offer practical protection from federal interference,” Skinner wrote in an email to the High Times. “As we saw with the Rohrabacher Farr Approval Rider, federal law enforcement has a narrow view of what constitutes ‘interference,’ and court decisions vary by jurisdiction.”

“Finally, the bill, as drafted, does nothing to protect interstate commerce rights for licensed operators, including moving funds from legitimate sales across state lines so the companies can receive limited banking services,” Skinner continued. “As long as marijuana remains illegal federally, federal law enforcement agencies have the right to investigate and prosecute violations related to the CSA.”

Christian Sederberg, founding partner at cannabis law firm Vicente Sederberg, said the change will help protect cannabis policy reform at the state level.

“This action reflects the increasingly popular belief that the federal government has nothing to do with interfering with state cannabis programs,” Sederberg wrote in a statement to the High Times. “As Congress works to find broader solutions to lifting the federal ban, it is important that states continue to implement regulatory programs to protect public health and safety.”