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Rohrabacher

  • by Erik Altieri, NORML Executive Director March 20, 2018

    One development in our federal government that got a bit lost in the flurry of other headlines this week is that House and Senate leaders are putting the last minute touches on an omnibus appropriations package that would fund the government through the rest of the fiscal year.

    Something that many in the marijuana policy space have grown to take for granted is the continuation of a rider that was part of last year’s package known as the Rohrabacher-Blumenauer amendment, which strips away funding from Attorney General Jeff Sessions and the rest of the Department of Justice to prosecute state-lawful medical marijuana programs.

    Tell your federal officials to maintain this common sense protection for the 30 state medical marijuana programs and the 2,000,000 plus registered patients nationwide.

    AG Sessions wants nothing more than to see these protections go away. In a letter he sent to Congressional leadership last year, he wrote: “I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of a historic drug epidemic and potentially long-term uptick in violent crime.”

    In the past month, NORML has worked with Representatives Rohrabacher and Blumenauer in recruiting 60 additional members of Congress to cosign a letter of their own to Congressional leadership, which states, “We respectfully request that you include language barring the Department of Justice from prosecuting those who comply with their state’s medical marijuana laws. We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people.”

    Given the immense dysfunction in Washington, it is absolutely crucial that Congress not give AG Sessions another inch in his powers to roll back our progress. Further, with ballot initiatives expected in Missouri, Oklahoma, and Utah later this year, we cannot give our opponents another reason to sow doubt. Send a message now to maintain these protections this week in order to ensure that we’re well positioned to win further victories in the days and weeks to come.

  • by Paul Armentano, NORML Deputy Director January 23, 2018

    Congressman Dana Rohrabacher (R-CA) addresses NORML members in September, 2017

    A recently approved plan by the members of the US House and Senate to temporarily extend federal funding through February 8, 2018 also extends provisions protecting statewide medical cannabis programs from federal interference.

    The short-term funding plan authorizes the Rohrabacher-Blumenauer amendment to remain in place for the time being. The amendment, enacted by Congress in 2014, maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

    Because the provision was initially approved as a budgetary amendment, it must be explicitly re-authorized by Congress as part of either a continuing resolution or a new fiscal year appropriations bill in order to maintain in effect.

    Urge Congressional leadership to include a re-authorization of the Rohrabacher-Blumenauer amendment in all future spending bills by clicking here.

    Explained co-sponsor Rep. Dana Rohrabacher (R-CA): “I expect that during this time period, we will be maneuvering on the cannabis issue and the Rohrabacher-Blumenauer amendment. So this is a time for people to make sure that they contact their own member of Congress to make sure that they get behind the amendment for the final bill.”

    Presently, the Rohrabacher-Blumenauer is included as part of a Senate finance bill. But this language is absent from the House’s funding proposal because House Rules Committee Chair Peter Sessions (R-TX) refused to allow House members to vote on it. As a result, House and Senate leadership will ultimately decide on the amendment’s fate when when the two chambers’ appropriations bills are reconciled — which may or may not be prior to February 8.

    Tell Congress to take action by clicking here.

  • by Paul Armentano, NORML Deputy Director May 4, 2017

    thumbs_upSpending legislation approved by Congress and signed into law reauthorizes language protecting state-sanctioned medical marijuana and industrial hemp programs.

    Specifically, Section 537 of the Consolidated Appropriations Act of 2017, states that no federal funds may be appropriated to “prevent any [state] from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana..” That language, initially passed by Congress in 2014, is now known as the Rohrabacher-Blumenauer amendment.

    A similarly worded amendment protecting state-sponsored hemp programs was also reauthorized.

    Both amendments will remain in effect until September 30, 2017, at which time members of Congress will once again need to either reauthorize the language or let the provisions expire.

    Forty-six states now recognize the therapeutic use of either cannabis or cannabidiol derived products. Thirty states recognize hemp as an industrial crop.

    Eight States regulate the adult use, production, and sale of marijuana. Non-medical, retail marijuana businesses operating in these states are not protected by these amendments and still remain vulnerable to federal interference or prosecution. In February, White House Press Secretary Sean Spicer publicly said that the administration was considering engaging in “greater enforcement” of federal anti-marijuana laws in these jurisdictions.

  • by Paul Armentano, NORML Deputy Director December 14, 2016

    wheelchair_patientMembers of Congress have re-authorized a federal provision prohibiting the Justice Department from interfering in state-authorized medical cannabis programs. The provision, known as the Rohrabacher-Farr amendment, was included in short-term spending legislation, House Resolution 2028, and will expire on April 28, 2017.

    NORML is encouraging you to tell the incoming Congress that these pivotal patient protections must remain included in any future federal spending bills.

    Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.

    Because the provision is included as part of a Congressional spending package and does not explicitly amend the US Controlled Substances Act, members must re-authorize the amendment annually. However, House leadership may prohibit federal lawmakers from revisiting the issue when they craft a longer-term funding bill this spring. Such a change in House rules would require members of the Senate to pass an equivalent version of the legislation, which would then need to be approved by House leaders in conference committee.

    Looking ahead to 2017, marijuana law reforms face an uncertain future. Therefore, it is more important than ever that this federal protection remains in place to ensure that these patient programs and those who rely upon them are not subject to federal interference.

  • by Danielle Keane, NORML Associate September 16, 2016

    In this week’s Legislative Round Up you’ll learn about a national call to action to renew federal legislation protecting hundreds of thousands of patients and providers. In other news, the marijuana movement received support from two leading national veterans groups and several important bills were signed into law at the state level. Keep reading for the latest news in marijuana law reform.

    Federal:

    take_actionA federal provision limiting the Justice Department from prosecuting state-authorized medical marijuana patients and providers is set to expire at the end of this month. The provision, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Please visit our #TakeAction Center to contact your federally elected officials and urge them to move quickly to reauthorize the Rohrabacher-Farr Amendment and to keep these important patient protections in place.

    In other news of national significance, members of the American Legion passed a resolution to promote research on marijuana’s potential use for treating post-traumatic stress disorder and traumatic brain injury. Additionally, the group called for marijuana to be removed from it’s current Schedule I classification within the Controlled Substances Act. A second veterans group, The American Veterans (AMVETS), also recently resolved that marijuana should be made available to veterans within the VA healthcare system in every state where it is legal.

    State:

    Delaware: Governor Jack Markell has signed legislation, SB 181, into law permitting designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the ground or property of the preschool, or primary, or secondary school in which a minor qualifying patient is enrolled.”

    The measure takes immediate effect. To date, two other states — Colorado and New Jersey — impose similar legislation.

    Florida: Another local municipality, New Port Richey, has approved marijuana decriminalization legislation. In a 3-2 vote, the council approved an ordinance providing police the discretion to issue a $155 civil citation in lieu of making a criminal arrest in cases involving less than 20 grams of marijuana. The New Port Richey vote mimics those of nearby municipalities Orlando and Tampa, which passed similar ordinances earlier this year and a wave of South Florida municipalities that passed similar ordinances last year. Under state law, simple marijuana possession is a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

    thumbs_upMichigan: Lawmakers gave final approval this week to a package of bills, HB 4209/4210, HB 4827, SB 141, and SB 1014, to regulate the retail sale of medical cannabis and cannabis-infused products. The legislation licenses and regulates above-ground, safe access facilities where state-qualified patients may legally obtain medical marijuana, provides qualified patients for the first time with legal protections for their possession and use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products, and establishes regulations tracking the production and sale of medical marijuana products. The measures, which lawmakers had debated for the past two years, now await action by the Governor. #TakeAction

    New Jersey: On September 14th, Governor Chris Christie signed legislation, A 457, into law that adds PTSD to the list of qualifying conditions eligible for medical marijuana therapy. More than a dozen states permit medical marijuana access for PTSD treatment. A retrospective review of PTSD patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction CAPS (Clinician Administered Posttraumatic Scale) symptom scores following cannabis therapy.

    The new law took immediate effect.

    Tennessee: Last week the Nashville Metro Council advanced legislation providing police the option to cite rather than arrest minor marijuana offenders. Those cited would face only a $50 fine (or ten hours of community service.) Under state law, such offenses are punishable by up to one-year in prison. A final vote on the ordinance is scheduled for September 20. If you live in Nashville, consider contacting your member of the Metro Council and voicing your support for this common sense reform.

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