New Bill Would End Federal War on Marijuana

February 8th, 2017 by Tom Angell

A bipartisan group of seven Republicans and six Democrats filed new Congressional legislation that would protect people who are acting in compliance with state marijuana laws from federal prosecution and punishment.

Titled the “Respect State Marijuana Laws Act of 2017,” the bill adds a new provision to the Controlled Substances Act that reads:

“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.”

In a lengthy floor speech announcing the bill, chief sponsor Rep. Dana Rohrabacher (R-CA) argued that the legislation falls in line with the principles of limited government and states’ rights that so many in his party profess to value:

“My bill would then make sure that Federal law is aligned with the States’ and the people in those States’ desires so that the residents and businesses wouldn’t have to worry about Federal prosecution. For those few States that have thus far maintained a policy of strict prohibition, my bill would change nothing. I think that this is a reasonable compromise that places the primary responsibility of police powers back in the States and the local communities that are most directly affected.”

“I happen to believe that the Federal Government shouldn’t be locking up anyone for making a decision of what he or she should privately consume, whether that person is rich or poor, and we should never be giving people the excuse, especially Federal authorities, that they have a right to stop people or intrude into their lives in order to prevent them and prevent others from smoking a weed, consuming something they personally want to consume.”

Rohrabacher, who ardently supported Donald Trump during the 2016 campaign and was reportedly considered as a possible secretary of state nominee, cited the new president’s pledges to respect state marijuana laws.

The California congressman then gave a bit of a history lesson, likening current federal policy impeding state laws to the British monarchy that U.S. founding fathers rebelled against, and comparing marijuana criminalization to the earlier failed prohibition of alcohol.

Turning one marijuana stereotype on its head, he decried the federal government’s “paranoia” regarding the truth about marijuana as evidenced by the DEA’s longstanding efforts to block research on its medical benefits.

And referencing the increasingly contentious debate about health care reform, Rohrabacher said:

“Remember, as we discuss people’s health care, Republicans over and over again say: You shouldn’t get in between a doctor and his patient. We believe in the doctor-patient relationship. That is true for medical marijuana as well. Do we believe in these principles?”

The new bill is the fourth piece of marijuana reform legislation to be introduced in the 115th Congress.

It is is identical to a bill Rohrabacher and others filed in the last Congress, which ended up garnering 20 co-sponsors but did not receive a hearing or a vote.

 Source:  MassRoots

First Look at New Marijuana Bills in Congress


Two new bills to reform federal marijuana laws were just introduced in Congress, and MassRoots has an exclusive first look at the proposals.

Both sponsored by Congressman Morgan Griffith (R-VA), H.R. 714 and H.R. 715 would reschedule cannabis under the Controlled Substances Act (CSA).

The first bill, also known as the Legitimate Use of Medicinal Marijuana Act (LUMA), would simply move cannabis from its status under Schedule I — the most restrictive drug category under federal law — to Schedule II. It would also ensure that provisions of the CSA would not “prohibit or otherwise restrict” state-authorized use, possession, transportation, production and distribution of medical marijuana.

The second bill, the Compassionate Access Act, is broader in scope, and is cosponsored by Congressman Earl Blumenauer (D-OR). It also reschedules marijuana but doesn’t mandate a move to Schedule II specifically, leaving the door open for cannabis to be placed even lower in the CSA.

The bill also excludes cannabidiol (CBD) from the federal definition of marijuana, specifying that it is not to be treated as a controlled substance. Like LUMA, the legislation includes protections for state-authorized medical marijuana activities, but it adds further language covering parents or guardians of minors who are authorized patients and also has a provision covering marijuana testing labs.

Additionally, the legislation requires the Department of Justice to move authority for access to research-grade cannabis “to an agency of the Executive Branch that is not focused on researching the addictive properties of substances.” That’s a thinly-veiled dig at the National Institute on Drug Abuse (NIDA), which currently has such authority but has been repeatedly criticized for favoring studies on marijuana’s potential harms instead of its medical benefits.

The bill specifies that research done in accordance with state laws can be taken into account for future rescheduling decisions even if those studies did not use cannabis from federally-approved sources.

Both of Griffith’s new bills use the federally-loaded word “prescription” to qualify the type of state-legal medical marijuana activities that are protected, but define the term to mean “an instruction written by a medical physician in accordance with applicable State law,” indicating that current medical cannabis recommendations in accordance with state programs would likely qualify.

“There are countless reports of marijuana’s medicinal benefits in treating conditions including cancer, epilepsy and glaucoma,” Griffith said in a statement. “It is time to research this further, and, where legal, to allow real doctors and real pharmacists to prescribe or dispense marijuana for legitimate medical reasons for real patients.”

Blumenauer added, “For too long our federal marijuana policies have failed the American people. It’s past time for a change. The Compassionate Access Act will bring us closer to making sure federal law does not get in the way of doctors, researchers and business owners working to provide safer access to patients.”

Neither bill has yet been scheduled for a hearing or a vote.

These are the second and third pieces of marijuana legislation introduced so far in the new 115th Congress. The first was a proposal from Congresswoman Barbara Lee (D-CA), in partnership with Blumenauer and a handful of other members, to protect properties and assets from being seized by the federal government just because they are involved with state-legal medical cannabis activities.

Many more marijuana bills are expected to be introduced on Capitol Hill in the coming weeks, and we’ll be here to keep you informed as details emerge.

 Source:  MassRoots