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.
I’m sometimes asked how a midwestern farm-boy ended up starting a marijuana smokers’ lobby. I had been raised in the 1950s in southern Illinois by southern Baptist parents, and there was nothing in that environment that would cause one to challenge authority or attempt to change the prevailing cultural values.
But then came the Vietnam War. Like many young men of my generation who came of age during that war, I had been radicalized by the war, or more specifically, by the threat of being drafted and sent to fight in Vietnam, a war few of us understood and even fewer wanted to die for (58,000 Americans eventually died in Vietnam). My primary focus at the time was avoiding the war in any way possible – a “draft dodger” was the derogatory term used for those of us who did not wish to serve.
Back then, before the draft lottery had even been established, all young men, by the time they were 18 years of age, were required to register for the draft, and unless they were a full-time student, were promptly inducted. So many of us stayed in school for as long as possible, but we remained subject to the draft until we turned 27 years of age. So when I graduated law school in 1968 at 25, I immediately received my draft notice, passed my physical, and was only two weeks away from my report date, when, with the help of some dedicated lawyers working with the National Lawyers’ Guild, I managed to get what was called a critical-skills deferment, that allowed me to spend my two years working at a presidential commission in Washington, DC, instead of getting shot in Vietnam.
“I have always loved marijuana. It has been a source of joy and comfort to me for many years. And I still think of it as a basic staple of life, along with beer and ice and grapefruits – and millions of Americans agree with me.” –Dr. Hunter S. ThompsonOne of the serendipitous occurrences in my life was meeting the late Hunter S. Thompson, the original Gonzo journalist, in 1972, at the Democratic National Convention in Miami. Hunter was there to cover the event for Rolling Stone magazine and I was there, along with a myriad of other activists, hoping to find a way to get some national attention on the need to legalize marijuana, and to stop arresting marijuana smokers.
I had founded NORML 18 months earlier in late 1970, but few people were yet aware of our work, so we jumped in my 1961 Volkswagon camper, a common set of wheels for a would-be hippie back then, and headed to Miami to join the anti-Vietnam war activists along with proponents for all sorts of social change, from environmentalism to gay rights to workers’ rights, and everything in-between.
At the time, we didn’t have any party connections and we didn’t really have any idea of what was going to happen in Miami; but we made plans to go anyway because the prior Democratic National Convention in Chicago in 1968 had been a watershed moment for American political dissent. In what must be a high point in political street theater, Abbie Hoffman, Jerry Rubin and the Youth International Party (the Yippies) nominated a pig for president, and captured national media attention in the process.
When I met Hunter he was smoking a joint under the bleachers at the opening night of the convention. I was sitting in the stands listening to the speeches when, quite suddenly — and without any question in my mind — I smelled marijuana, and quickly realized it was coming from down below. I looked below the bleachers and what I saw was a fairly big guy smoking a fairly fat joint. He was trying to be discreet, but it wasn’t working very well. I could see him hunkering in the shadows — tall and lanky, flailing his arms and oddly familiar. Jesus Christ, I suddenly realized, that’s Hunter S. Thompson!
Like every other young stoner in America I had read “Fear & Loathing In Las Vegas” as it was serialized a few months earlier in Rolling Stone. Hunter would soon gather great fame for himself, the kind of fame from which one can never look back upon. But on the night I met Hunter, his star was still ascending.
Screw the speeches, I thought to myself.
I quickly found my way under the bleachers and approached as politely as possible.
“Hu-uh – What the fuck?!! Who’re you?!”
“Hey, Hunter. Keith Stroup from the National Organization for the Reform of Marijuana Laws. We’re a new smoker’s lobby.” Easy enough.
“Oh. Oh, yeah! Yeah! Here,” Hunter held out his herb, “You want some?”
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.