Congress: House Members Re-Introduce Bipartisan Bill To Prevent Federal Prosecutions Of State-Compliant Marijuana Consumers, BusinessesApril 27, 2015
California Congressman Dana Rohrabacher, along with five other Republicans and six Democrats, has reintroduced legislation to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to marijuana.
HR 1094 states, “Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.”
Representative Rohrabacher sponsored a budgetary amendment last year to limit federal interference in states with marijuana regulation schemes. (That provision expires this fall.) However, the Department of Justice has recently claimed that the law does not prevent the government sanctioning individuals or businesses in states where marijuana is legal.
“The American people … have made it clear that federal enforcers should stay out of their personal lives,” Rohrabacher said in a statement upon the bill’s reintroduction late last week. “It’s time for restraint of the federal government’s over-aggressive weed warriors.”
According to national survey data released today by Fox News, 51 percent of registered voters say that they favor “legalizing marijuana.” The figure is an increase of five percentage points since Fox pollsters asked the question in 2013. It is the first time that a majority of respondents have favored legalization in a Fox News sponsored poll. The poll is the latest in a series of national surveys showing majority support for legalizing and regulating marijuana
To learn more about HR 1940, or to contact your elected officials in support of this or other pending legislation, please visit NORML’s ‘Take Action Center’ here.
Please join NORML on May 20/21 in Washington, D.C. to lobby Congress for passage of cannabis law reform legislation pending before it.
You’ve probably seen by now the historically important bill to reform medical cannabis laws introduced in the U.S. Senate. There has never been a more exciting and receptive time to be a cannabis law reform activist in America with this political backdrop:
- 35 states have passed medical cannabis-related legislation (in 23 of these states patients have functional access to the medicine and legal protections)
- 17 states have decriminalized the possession of cannabis for adults
- 4 states have legalized the cultivation and sale of cannabis (Washington, D.C. has de-penalized the possession and use of cannabis for adults; allows limited home cultivation; no sales)
- Every national poll, including the oldest social survey data set, now indicate a majority of Americans no longer favor cannabis prohibition.
It’s indisputable. Cannabis law reform in America is happening in our lifetimes.
By the time the NORML Legislative Fly-In convenes in late May, as many as 20 reform bills will have been introduced for us to rally around in our lobbying efforts–and with the new Senate bill, for the first time since the late 1970s, there is good reason to lobby the Senate as hard as the House.
Also, and of great importance in placing upward political pressure on elected members of Congress and their staff, are the nearly 75 state legislative bills around the country that are now debating cannabis law reform measures–ranging from medical access to industrial hemp to decriminalization to legalization.
This year upwards of half the states’ legislatures are looking at dozens of reform bills and this clearly positively impacts Congress to see these needed socio-legal reforms bubbling up from their home states and regions.
For many in Congress, they know the political writing is on the wall for the federal prohibition on cannabis commerce to survive much longer.
Let’s help make their jobs easier by showing them the necessary public support to hasten cannabis law reforms at the federal level.
Lastly, there is a strong possibility that we’re going to add another event to the program, in conjunction with High Times…and featuring a famous TV and movie personality who has expressed strong interest in getting involved with the public discussion about cannabis law reform. TBA.
NORML members and supporters get first shot at the low early bird pricing of $50/person.
Also, there are sponsorship opportunities as well for cannabis-related businesses, services and organizations.
Below is a brief breakdown of lodging options for the Conference.
Thanks in advance and hope to see you at the height of Spring in the nation’s capital, being an active participant in an historic public advocacy effort to once and for all end cannabis prohibition.
-Allen St. Pierre
NORML / NORML Foundation
NORML reviews the top news stories of 2014.
#1 Marijuana Legalization Measures Win Big On Election Day
Voters in Oregon and Alaska decided on Election Day in favor of statewide initiatives legalizing the commercial production and sale of marijuana for adults, while voters in the nation’s capitol and in numerous other cities nationwide similarly decided on local measures to eliminate marijuana possession penalties.
#2 Colorado And Washington Begin Regulating Retail Marijuana Sales
Two states, Colorado and Washington, initiated retail marijuana sales in 2014. Colorado’s program began on January 1. In Washington, state-licensed retail outlets began legally selling cannabis to adults in July.
#3 Congress Enacts Measure Protecting State-Sponsored Medi-Pot Programs
President Barack Obama signed spending legislation into law in December that included a provision limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting in full compliance with the medical marijuana laws of their states. The amendment states, “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
#4 Congress Moves To Permit State-Sanctioned Hemp Cultivation
Federal lawmakers approved legislation in February permitting state-sponsored hemp cultivation to move forward despite the plant’s federal status as a Schedule I prohibited substance.
#5 Federal Judge Hears Challenge To Cannabis’ Schedule I Status
United States District Judge Kimberly Mueller heard five days of testimony in October in regard to the constitutionality of marijuana’s Schedule I status under federal law. Defense counsel and their experts argued that the scientific literature is not supportive of the plant’s present categorization. Judge Mueller is expected to make her ruling in early 2015.
#6 JAMA: Fewer Opiate-Related Deaths In Medical Marijuana States
The enactment of statewide medicinal marijuana laws is associated with significantly lower state-level opioid overdose mortality rates, according to data published in August in JAMA Internal Medicine. Researchers reported, “States with medical cannabis laws had a 24.8 percent lower mean annual opioid overdose mortality rate compared with states without medical cannabis laws.”
#7 President Acknowledges That Booze Is More Harmful Than Marijuana
Consuming cannabis is less harmful to the individual than is drinking alcohol, President Barack Obama acknowledged in January in an interview with The New Yorker. “I don’t think it (marijuana) is more dangerous than alcohol,” he stated. He added, [W]e should not be locking up kids or individual users for long stretches of jail time.”
#8 Study: Medical Marijuana States Have Fewer Violent Crimes
Medicinal cannabis laws are not associated with any rise in statewide criminal activity, according to data published in April in the journal PLoS ONE. “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault,” authors concluded. “In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”
#9 NYT Editors Opine In Favor Of Legalizing Cannabis
The New York Times editorial board in July called upon federal lawmakers to end the criminalization of cannabis for those over the age of 21. The paper’s editors opined: “The federal government should repeal the ban on marijuana. … Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. … [W]e believe that on every level, … the balance falls squarely on the side of national legalization.”
#10 Americans Say Marijuana Is Less Harmful To Health Than Sugar
Americans believe that consuming cannabis poses less harm to health than does the consumption of tobacco, alcohol, or sugar, according to the findings of a Wall Street Journal/NBC News poll released in March. Respondents were asked which of the four substances they believed to be “most harmful to a person’s overall health.” Most respondents said tobacco (49 percent), followed by alcohol (24 percent) and sugar (15 percent).
As written, the rider seeks to restrict the District from utilizing federal or local funds to “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.” A summary of the provision posted on the House Appropriations Committee website acknowledges that the language is intended to prevent any funds from being used to “implement a referendum legalizing recreational marijuana use in the District.”
Washington DC’s Initiative 71 was approved by over 70 percent of District voters in November. The initiative seeks to legalize the adult possession of up to two ounces of marijuana and cultivation of three mature and three immature plants.
“This rider is an affront to the concept of democracy,” commented NORML Communications Director Erik Altieri, “Seven out of ten voters in Washington, DC cast their ballot in favor of ending prohibition and legalizing the adult possession and limited cultivation of marijuana, this attempt by members of Congress to flout the will of the people is a gross injustice to these voters and to the democratic system.”
The House will vote on the final version of the omnibus bill in the next couple days and then it must be approved by the Senate. This rider has no impact on the District’s current decriminalization or medicinal marijuana policies. NORML will keep you updated as the situation develops and what precisely this means for legalization in the nation’s capital.
Federal Omnibus Includes Amendment to Prohibit DOJ/DEA From Interfering With State Medical MarijuanaDecember 9, 2014
The final version of the House omnibus appropriations bill includes the Rohrabacher-Farr amendment, which was approved by the House of Representatives earlier this year. The amendment restricts the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.
NORML supporters have rallied in favor of this provision, with over 22,000 emails and countless direct calls being directed at federal lawmakers regarding the amendment this year.
“This amendment is an important step towards relieving the tension between federal and state policy when it comes to medical marijuana,” stated NORML Communications Director Erik Altieri, “By restricting these agencies in this manner, the nearly two dozen states that implemented medical marijuana programs can hopefully breathe easier knowing federal money won’t be spent to interfere with their progress. We hope this leads to further reforms at the federal level further enshrining this sentiment into law.”
The House is expect to hold a final vote on this bill in the next couple of days, with a Senate vote to follow. You can read the full bill here.