US House Votes to Prohibit DOJ From Interfering With State Medical Marijuana or Industrial Hemp ProgramsMay 30, 2014
After a long debate that had the US House of Representatives in session until after midnight, the lower chamber of Congress cast a historic 219 to 189 vote to restrict 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.
This measure was co-sponsored by Rep. Sam Farr (D-Calif.), Reps. Rohrabacher (R-Calf.), Don Young (R-Alaska), Earl Blumenauer (D-Ore.), Tom McClintock (R-Calif.), Steve Cohen (D-Tenn.), Paul Broun (R-Ga.), Jared Polis (D-Colo.), Steve Stockman (R-Texas), and Barbara Lee (D-Calif.). You can read the full text of the amendment here.
“It would be hard to overstate the importance of tonight’s vote,” said NORML Communications Director Erik Altieri, “Approval of this amendment is a resounding victory for basic compassion and common sense.”
Added NORML Deputy Director Paul Armentano, “This vote marks one of the first times since the passage of the Marihuana Tax Act of 1937 that a majority of the members of a chamber Congress have acted in a manner that significantly alters federal marijuana policy.”
“The conflicting nature of state and federal marijuana laws has created an untenable situation,” co-sponsor Rep. Blumenauer said just before the House debate. “It’s time we take the federal government out of the equation so medical marijuana business owners operating under state law aren’t living in constant fear of having their doors kicked down in the middle of the night.”
The House also approved amendments that prohibit the DOJ and DEA from using funds to interfere with state sanctioned industrial hemp cultivation.
In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.) In total, more than a dozen states have enacted legislation redefining hemp as an agricultural commodity and allowing for state-sponsored research and/or cultivation of the crop
These amendments were made to the 2015 Commerce, Justice, and Science Appropriations Bill, which now must be approved by the Senate and then signed by President Obama.
NORML will keep you updated on this evolving situation.
The Drug Enforcement Agency is permitting Kentucky farmers to go forward with plans to engage in the state-sponsored cultivation of industrial hemp.
According to the Associated Press, representatives from the federal anti-drug agency late Thursday granted Kentucky regulators permission to import an estimated 250 pounds of hemp seeds.
The agency had previously confiscated the seeds, which Kentucky officials had ordered from Italy. In response, Kentucky’s Agriculture Department sued the agency last week.
After two federal hearings, as well as a face-to-face meeting with Senate Minority Leader Mitch McConnell (R-KY), DEA officials on agreed to authorize the shipment of hemp seeds to go forward — ending the approximately month-long standoff. Kentucky’s first modern hemp planting may occur as soon as this weekend, the Associated Press reports.
In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.)
Kentucky lawmakers initially approve legislation regulating hemp production in 2013.
According to a 2013 white paper authored by the Congressional Research Service, a “commercial hemp industry in the United States could provide opportunities as an economically viable alternative crop for some US growers.”
South Carolina lawmakers have approved legislation, Senate Bill 839, reclassifying varieties of cannabis possessing minute quantities of THC as an industrial crop rather than a controlled substance. The measure states, “It is lawful for an individual to cultivate, produce, or otherwise grow industrial hemp in this State to be used for any lawful purpose, including, but not limited to, the manufacture of industrial hemp products, and scientific, agricultural, or other research related to other lawful applications for industrial hemp.”
Members of the Senate voted 42 to zero in favor of the bill. House members late last week also approved the measure by a vote of 72 to 28. Senate Bill 839 now awaits action by Republican Governor Nikki Haley.
In February, members of Congress approved language (Section 7606) in the omnibus federal Farm Bill (aka the United States Agricultural Act of 2014) authorizing states to sponsor hemp research absent federal reclassification of the plant. Since that time, lawmakers in five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation allowing for state-sponsored hemp cultivation.
On Monday, Illinois Senate members unanimously approved similar legislation, House Bill 5085, in their state. Members of the House had previously voted 70 to 28 in favor of an earlier version of the bill. Once both chambers agree to concurrent language, the measure will go to the Governor’s desk.
In total, more than a dozen states have enacted legislation redefining hemp as an agricultural commodity and allowing for state-sponsored research and/or cultivation of the crop.
Last week, Kentucky state officials sued the US Drug Enforcement Administration after the agency refused to turn over a shipment of hemp seeds that were intended to be used as part of a state-approved research program. State officials designed the program to be compliant with Section 7606 of the federal farm bill. A federal hearing in the matter is scheduled for Wednesday, May 21.
According to the U.S. Congressional Resource Service, the United States is the only developed nation that fails to cultivate industrial hemp as an economic crop.
Earlier this week, the Drug Enforcement Administration ordered that 250 pounds of hemp seed be seized at Louisville Airport in Kentucky. The seeds were being imported by the Kentucky government from Italy to plant at state universities in their hemp pilot program. Kentucky legalized industrial hemp in 2013 and the federal government approved legislation this year that allowed states to engage in limited hemp cultivation.
When the DEA refused to return the seeds under reasonable conditions, the Kentucky Agriculture Department filed suit against the Justice Department, the Drug Enforcement Administration, U.S. Customs and Border Protection and Attorney General Eric Holder.
On Friday, there was a preliminary hearing regarding the lawsuit. During the hearing, U.S. District Judge John G. Heyburn II stated that the DEA must explicitly state what would need to be done for those participating in the pilot program to have the seeds returned. Federal officials responded that the Kentucky Department of Agriculture must fill out a narcotics license in addition to providing memorandum of agreement with the departments of universities planning to cultivate the crop.
In an interview discussing the hearing with the Huffington Post, Kentucky Agriculture Commissioner James Comer stated, “It sounds like a victory, but I’m not going to declare victory until those seeds go in the ground. It was very positive today. But we’ve felt pretty good throughout this entire process over the last several weeks, and the DEA would come back and change again. I’m not celebrating. It will be a victory when I have those seeds in hand.”
Elected officials across the state have voiced their support for the hemp program and decried the actions of federal officials. US Senate Minority Leader Mitch McConnell (R-KY) stated, “It is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds.”
According to the Congressional Resource Service, the US is the only developed nation that fails to cultivate industrial hemp as an economic crop. However, in February, members of Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant.
The next court hearing is expected to occur on Wednesday, May 21. NORML will keep you updated as the situation evolves.
Federal agencies are moving forward with plans to increase the US government’s production of research-grade cannabis.
Last week, the US Drug Enforcement Administration (DEA) publicly announced in the Federal Register that it is increasing its marijuana production quota from 21 kilograms to 650 kilograms (about 1,443 pounds) in order to meet increasing demand for the plant from clinical investigators.
Federal regulations permit a farm at the University of Mississippi to cultivate set quantities of cannabis for use in federally approved clinical trials. Regulators at the DEA, the US Food and Drug Administration, PHS (Public Health Service), and the US National Institute on Drug Abuse must approve any clinical protocol seeking to study the plant’s effects in human subjects.
On various occasions, marijuana reform advocates and researchers have publicly criticized NIDA for failing to approve proposed trials seeking to assess the therapeutic benefits of cannabis. However, in March, federal regulators finally signed off on a long-delayed clinical protocol from researchers at the University of Arizona College of Medicine to evaluate the use of cannabis its in war veterans suffering from post-traumatic stress. Also this spring, lawmakers in several states, including Alabama, Kentucky, and Wisconsin, passed legislation encouraging state-sponsored clinical trials to assess the therapeutic potential of cannabidiol – a nonpsychotropic organic component of cannabis – in the treatment of intractable epilepsy.
“The additional supply [of cannabis] to be manufactured in 2014 is designed to meet the current and anticipated research efforts involving marijuana,” A NIDA spokesperson told TheHill.com. “[T]his projection of increased demand is due in part to the recent increased interest in the possible therapeutic uses of marijuana.”
According to a keyword search using the terms ‘smoked marijuana’ on the clinicaltrials.gov website, eight trials are presently ongoing to evaluate the plant’s effects in humans. Two of these trials are assessing the plant’s potential therapeutic efficacy.