Spending Bill Denies Funding for Federal Medical Marijuana Raids in Approved States

By Jeralyn, Section Legislation
Posted on Wed Dec 17, 2014 at 09:10:00 AM EST
Tags: marijuana reform (all tags)

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Thanks to the passing of a little known amendmment inserted via amendment into the omnibus spending bill by by sponsors Rep. Dana Rorsbacher and Samm Farr, the DEA will be unable to conduct medical marijuana raids in states that allow medical pot. That's 32 states plus the District of Columbia.

Here's the actual text: [More...]

Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of Medical Marijuana.

The bill also protects hemp:

Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (Legitimacy of Industrial Hemp Research’) of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.

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Spending Bill Denies Funding for Federal Medical Marijuana Raids in Approved States | 8 comments (8 topical)

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I see a giant loophole in the wording (none / 0) (#1)
by Peter G on Wed Dec 17, 2014 at 08:58:04 AM EST

I question whether a federal judge would agree that federal enforcement of federal laws constitutes an effort "to prevent such States from implementing their own State laws." I would rather the spending limitation had targeted any activity tending to undermine, interfere with, or render less effective or comprehensive those States' medical marijuana regimes.

Somebody noticed this a few days ago (none / 0) (#2)
by Mr Natural on Wed Dec 17, 2014 at 10:29:14 AM EST

in this article, which has a few interesting details on the cui bono component.

Too bad the bill also contains... (none / 0) (#3)
by Dadler on Wed Dec 17, 2014 at 10:37:27 AM EST

...the trail candycorn-encrusted feces that will lead to the next financial collapse/billionaire bailout. IOW, it includes a gutting of the already weak Dodd-Frank, sneaked into the budget bill in the same way this weed footnote is, has been, was. Taibbi lays it out pretty cleanly and sarcastically. (link)

Strange that Florida (none / 0) (#4)
by fishcamp on Wed Dec 17, 2014 at 11:02:19 AM EST

is on the list. I didn't think we had passed the mm law. In fact I thought it lost by a very close three percent. There are no mm shops down here that I know about. Any up there Coral Gables? If we're on the list don't Bogart that joint. Where did that saying come from? A quick look says it did come from Humphrey Bogart, who did smoke pot during film making in the 60's.

: Florida Legislation (5.00 / 2) (#5)
by Michael Masinter on Wed Dec 17, 2014 at 02:29:35 PM EST

Although Florida voters fell just short of the 60% required for passage of the medical marijuana initiative, the legislature enacted and the governor signed into law SB 1060 authorizing low THC cannabis as therapy for cancer, seizures, and muscle spasms. Hence the inclusion of Florida in the list.

A friend of mine in Wash D.C. says (none / 0) (#6)
by Peter G on Wed Dec 17, 2014 at 08:55:24 PM EST

that the same Act ("CROmnibus") that contains the ban on DOJ action to "prevent" states from implementing their med-marij laws, also (ironically) prohibits the District from implementing its recent local referendum overwhelmingly approving legalization. Well, "states' rights" can't apply if you're not a state, I guess.

: Only if Congress (5.00 / 1) (#7)
by jbindc on Thu Dec 18, 2014 at 09:15:02 AM EST

gets the final say on any laws you pass, such as DC. But some supporters say there is still a way.

: State's Rights don't apply to neighbor states (none / 0) (#8)
by Mr Natural on Sat Dec 20, 2014 at 05:37:31 AM EST

either, according to conservative stongholds, Nebraska and Oklahoma, which are suing in federal court to have Colorado's new legal marijuana laws thrown into the State's rights wastebarrel of history.
(Waaaa... Help me evul Mommy state, help me!)