This afternoon, the House of Representatives voted 231 to 192 in favor of the Heck-Perlmutter-Lee-Rohrabacher Amendment, which will restrict Treasury Department and SEC funds from being spent to penalize financial institutions for providing services to marijuana related business that operate according to state law. This proposal amends H.R. 5016, a spending bill for fiscal year 2015 that funds the Internal Revenue Service, Treasury Department, and Securities and Exchange Commission.
The amendment reads:
“None of the funds made available in this Act may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, or Wisconsin or the District of Columbia, to prohibit, penalize, or otherwise discourage a financial institution from providing financial services to an entity solely because the entity is a manufacturer, producer, or person that participates in any business or organized activity that involves handling marijuana or marijuana products and engages in such activity pursuant to a law established by a State or a unit of local government.”
This vote comes on the heels of another recent historic vote in the House of Representatives, that restricted Department of Justice and DEA funds from being used to interfere in state approved medical marijuana programs. That measure is still awaiting action in the US Senate. This measure, HR 5106, will now be sent to the Senate as well.
“The recent votes in the House of Representatives demonstrate bi-partisan support at the federal level to allow states to experiment with new marijuana policies, free from federal interference,” stated NORML Communications Director Erik Altieri, “If implemented, this amendment will help alter the current untenable status quo that forces otherwise law abiding businesses to operate on a cash only basis, making them a target for criminal actions and unduly burdening their operations.”
In a Statement of Administration Policy, released today, President Obama’s administration took a firm stance against recent efforts by Rep. Andy Harris (R-MD) to restrict the District of Columbia from using any of its funds towards reducing the penalties for, or legalizing, marijuana for recreational use.
The memo states that “the Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally- passed marijuana policies, which again undermines the principles of States rights and of District home rule. Furthermore, the language poses legal challenges to the Metropolitan Police Department’s enforcement of all marijuana laws currently in force in the District.”
“It is encouraging to see the White House stand up for DC’s right to pursue the reformation of their marijuana laws,” stated NORML Communications Director Erik Altieri, “Prohibition is a failed policy and we are pleased to see President Barack Obama beginning to act in accordance with the view of an overwhelming majority of Americans that states and localities should be free to pursue new approaches to marijuana, free from federal incursion.”
You can read the full text of the memo here.
You can click here to quickly and easily contact your elected officials and encourage them to oppose this amendment.
In a memo obtained by NORML, released in late May, the United States Department of Agriculture (USDA) clarified their drug policy in light of the growing number of states legalizing marijuana for medical and recreational use.
In response to inquiries regarding the department’s policy for employees in states that approved recreational or medical use of marijuana, the USDA strongly reaffirmed that their drug testing policies concerning marijuana are still very much in effect, regardless of state law changes.
The memo states that, “use of Marijuana for ‘recreational’ purposes is not authorized under Federal law nor the Department’s Drug Free Workplace Program policies.” It then elaborates that, “accordingly, USDA testing procedures remain in full force and effect.”
This policy is largely still being enforced due to marijuana’s current status as a Schedule I drug at the federal level. The USDA described their current ongoing policy by stating that “USDA agencies test for the following class of drugs and their metabolites: (a) Marijuana, Opiate (Codeine/Morphine, Morphine, 6-Acetylmorphine) and PCP; and (b) Cocaine, Amphetamines (AMP/MAMP, Methamphetamine, MDMA). These drugs are listed in the Controlled Substances Act (CSA)…as Schedule I and Schedule II drugs, respectively. Schedule I drugs are substances, or chemicals defined as drugs with no currently accepted medical use and a high potential for abuse. They are considered the most dangerous of all the drug schedules and invite potentially severe psychological or physical dependence.”
Citing the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Medical Review Officer Manual for Federal Agency Workplace Testing Programs, the USDA also made clear this policy applies equally whether marijuana is being used for recreational use or medical purposes:
“State initiatives and laws, which make available to an individual a variety of illicit drugs by a physician’s prescription or recommendation, do not make the use of these illicit drugs permissible under the Federal Drug-Free Workplace Program. These State initiatives and laws are inconsistent with Federal law and put the safety, health, and security of Federal works and the American public at risk. The use of any substance included in Schedule I of the CSA, whether for non-medical or ostensible medical purposes, is considered a violation of Federal law and the Federal Drug-Free Workplace Program.”
“The USDA’s stance on testing employees for marijuana use, regardless of the laws of the state in which they live, is unfortunate,” stated NORML Communications Director Erik Altieri, “Patients will be denied effective medicine and individuals will be denied civil liberties being given to their fellow state citizens. This situation highlights the fact that the existing, inherent conflict between state laws seeking to legalize and regulate cannabis for recreational or medical purposes and federal policy, which classifies the substance as illicit, are ultimately untenable. To resolve this conflict there must be a change in marijuana’s federal classification. Without such a change, we will consistently have a lack of clarity and ongoing conflict between public sentiment, state law, and federal policy.”
You can read the full USDA memo here.
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.
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.