ChrisWeigant.com

Marijuana News From The Budget Bill

[ Posted Wednesday, December 16th, 2015 – 17:56 UTC ]

It's that time of year when Congress actually gets things done, so they don't have to work through the holidays. This is always a powerful incentive, and this year is no different. Paul Ryan actually bargained with Democrats instead of following the hotheads in his party into another government shutdown, which bodes well for the future of the House of Representatives (and America at large). But, as with all big omnibus budget bills, this means all kinds of unrelated issues -- from health care for 9/11 first responders to whether we export oil or not -- are tossed into the giant, must-pass bill. And along with the wave of other single-issue items came some good news for marijuana legal reformers.

Two riders to the big budget bill will continue to prevent the Department of Justice (which includes the Drug Enforcement Agency) from spending one thin dime to interfere with the implementation of state marijuana laws -- even though all of those laws run counter to federal drug law. This is Congress using its famous "power of the purse" to zero out the federal budget for fighting against medical marijuana state laws and hemp cultivation state laws. The medical marijuana provision is already law, having been passed as part of the previous federal budget. It means the Drug Enforcement Agency cannot spend any money on harassing medical marijuana providers, as long as they're faithfully following their state's laws.

Or at least that's the law's intent. The Department of Justice has "interpreted" the law a little differently, which is why some U.S. Attorneys are still pursuing court cases against state-legal medical marijuana providers. Sooner or later, though, the Attorney General is going to have to bow to the reality of the clear intent of this law and stop this legal harassment for good. Congress (and, by extension, The People) are telling the federal government not to spend any money on fighting a losing battle. That money should rightfully be spent on other drug enforcement, period.

Tom Angell, chairman of the Marijuana Majority advocacy group, reacted to the news in a statement:

While marijuana was once treated like a dangerous third-rail by most elected officials, the inclusion of these provisions demonstrates how it has now become a mainstream issue at the forefront of American politics and policymaking. Polls show that a growing majority of voters support ending prohibition, and lawmakers can't help but listen. This is the second year in a row that Congress is using the appropriations process to tell federal agents and prosecutors not to interfere with state medical marijuana laws. But so far the Department of Justice has taken the absurd position that these spending provisions don't actually prevent them from going after patients and providers who operate legally under state policies. The intent of Congress is clear, and so is the will of the American people. Since the Justice Department is being so stubborn, the next step should be for lawmakers to pass permanent standalone legislation that goes beyond these temporary spending riders. Then the D.E.A. will have a much harder time undermining Congress and voters.

There was a second marijuana rider that made it into the budget bill as well, that actually expands a law that was included in last year's budget. It prevents the Justice Department (and the D.E.A.) from spending any money to harass state industrial hemp production programs. As Angell notes: "The negotiators added a second hemp provision, which has more teeth than existing law. It seems to be intended to stop the D.E.A. from interfering with the importation of hemp for state research programs, which is something they've done in the past (in Kentucky)." Mitch McConnell, who co-sponsored a hemp amendment earlier this year, may have had something to do with this, since he hails from Kentucky.

While all of this is good news, there were other commonsense reforms which unfortunately did not make it into the final bill. One would have allowed Veterans Affairs doctors to recommend medical marijuana to veterans (notably, to treat Post-Traumatic Stress Disorder) without retaliation, and would have also prevented the V.A. from denying services to any veteran who is a medical marijuana patient (as long as they follow their state's laws). Another important reform that failed this year was a provision which would have prevented the federal government from punishing banks that do business with state-legal marijuana operations. This is a big stumbling block to the entire industry, and would have been a welcome change, but it looks like it'll have to wait for another year.

Angell, however, remains optimistic about the future:

While we'd of course like to have seen Congress include provisions protecting veterans and allowing for banking access, there's no denying that marijuana reformers have political momentum behind us. The federal government is on notice, more states are passing good laws and our movement is growing. We're going to see even more spending provisions enacted next year, and perhaps even some standalone bills in the near future.

He's right to feel the wind at his back. Marijuana legal reforms are now becoming if not commonplace in Washington, at least solidly within the realm of the conceivable. Both Republicans and Democrats are beginning to realize that big changes need to be made in the federal government's decades-long War On Weed. These initial budget bill victories represent the first time that Congress is taking positive marijuana reform seriously since approximately the 1970s (pre-Nancy Reagan, in other words). Serious bills are being proposed to solve targeted problems, but soon even that's not going to be good enough. The fundamental way the federal government sees marijuana still needs changing, beginning with rescheduling it off of Schedule I in the list of dangerous controlled substances. This is going to take a little more time, but likely not all that much.

Next year could be the biggest "Year of the Marijuana Voter" America has yet seen. Outright recreational legalization (for adults) is probably going to be on the ballot in multiple states across the country in 2016. So far, four states and D.C. have pioneered this radical path, but the number of states with fully-legal marijuana could easily double -- or even triple -- next year. This will likely set off a stampede, as other states greedily eye all those millions of tax dollars flowing in.

Politicians are starting to realize that there are a lot of pro-marijuana voters out there, and that many of them are "single-issue" voters -- meaning it's really the only reason they go to the polls. When even a Republican-led Congress begins dismantling the War On Weed (one tiny chip at a time), then fundamental legal reform can't be too far off.

-- Chris Weigant

 

Cross-posted at The Huffington Post

Follow Chris on Twitter: @ChrisWeigant

 

13 Comments on “Marijuana News From The Budget Bill”

  1. [1] 
    neilmcgovern wrote:

    I was disappointed that my favorite marijuana rider wasn't included:

    "Fore-with, Donald Trump will have to smoke two joints before speaking publicly."

  2. [2] 
    Chris Weigant wrote:

    neilmcgovern -

    Heh. Reminds me of when I was in range of KFOG in San Fran. Every Friday, at 5pm, without fail, they'd play...

    https://www.youtube.com/watch?v=ZfduFy26EE0

    "I knew you were going to say that!"

    Heh.

    -CW

  3. [3] 
    Chris Weigant wrote:

    Ahem. Seriously, though...

    Program Notes

    First off, the pledge drive graphic has been updated. Two-thirds of the way to our goal! Woo hoo! Keep those donations coming in, maybe we can hit our goal by Xmas...

    Secondly, it is indeed that time of year again. I'm throwing the nomination process open for our McLaughlin awards.

    Categories are the same as last year:

    Part 1 -- http://www.chrisweigant.com/2014/12/19/my-2014-mclaughlin-awards-part-1/

    Part 2 -- http://www.chrisweigant.com/2014/12/26/my-2014-mclaughlin-awards-part-2/

    Feel free to post nominations here in the comments, but do it soon, the first one of these is going to run this Friday...

    -CW

  4. [4] 
    Michale wrote:

    AHhhhh A nation of stoners..

    What could possibly go wrong... :^/

    Politicians are starting to realize that there are a lot of pro-marijuana voters out there, and that many of them are "single-issue" voters -- meaning it's really the only reason they go to the polls. When even a Republican-led Congress begins dismantling the War On Weed (one tiny chip at a time), then fundamental legal reform can't be too far off.

    Does this mean the Left Wingery will give the GOP any credit?? :D

    Michale
    459

  5. [5] 
    Michale wrote:

    Categories are the same as last year:

    Part 1 -- http://www.chrisweigant.com/2014/12/19/my-2014-mclaughlin-awards-part-1/

    Part 2 -- http://www.chrisweigant.com/2014/12/26/my-2014-mclaughlin-awards-part-2/

    Feel free to post nominations here in the comments, but do it soon, the first one of these is going to run this Friday...

    Interesting... By the time the 2014 awards were posted, I was only at around 300 comments...

    I am way ahead this year!! WOOT!!! :D

    Michale
    460

  6. [6] 
    Michale wrote:

    Looking at the 2014 McGlaughlin commentaries, I noticed something..

    At the time of the commentaries last year, I was only around 300 comments.

    I am WAY ahead of the game this year!!

    WOOT!!!!

    Michale
    461

  7. [7] 
    TheStig wrote:

    Anybody else suffering from The Forced March to Windows 10 Blues? I have a perfectly serviceable Compac Presario running Windows7. Tried 8, didn't like it.
    Didn't want to install a beta 10 either. I started getting a download from my pc vendor last week....are you eligible for to upgrade to Windows 10? Apparently not, the download crashed my system. Easily fixed with a restore point, but not good sign. Yesterday, the download was back, crashed my system, but not before I found out my unit was not 10 compatible. I also noticed some lost functionality...frequent freezes, some very useful legacy programs won't run anymore. Oh, and the fix problems routines just grind for hours.

    I know when to fold, I ordered a $400 special online, it will be on my doorstep tomorrow.
    Twice the benchmarks, Moore' Law, I hope to like W10. Maybe the old Presario will on XP, safely off internet, an old age home for legacy software. Microsoft could have handled this a LOT better....but they don't have to. Class action law suite? Sign me up.

    Written on Apple OS.

  8. [8] 
    Michale wrote:

    Windows 10 is actually pretty nice...

    The learning curve is not nearly as bad from 7 to 10 as it was from XP to VISTA...

    Microsoft has a well known curse...

    Every other OS is garbage... Or, from a different perspective, every other OS is awesome...

    Windows 98 was great (That rhymes and you know it!!!)

    Windows ME blew chunks.

    Windows XP was a staple...

    Windows Vista was garbage...

    Windows 7 was awesome...

    Windows 8 sucked...

    Of course, there is Windows 2000 in the mix which personally liked..

    Once you get past the learning curve, I think you will like Windows 10...

    Michale
    465

  9. [9] 
    TheStig wrote:

    M-7

    The real insult is that somebody, the PC vendor or Microsoft send me, unbidden, a diagnostic system that for a few days wouldn't load and crashed my system, and when it finally did load, it took my whole system down in a way that can't be fixed with a mere restore point reset...and I can't even attempt a diagnosis because those routines don't work anymore.

    Accident or sabotage?

    ~ |:(

  10. [10] 
    Michale wrote:

    Accident or sabotage?

    Microsoft.... :^/

    'nuff said... :D

    Michale
    468

  11. [11] 
    Michale wrote:

    On another note..

    Is it just me or is anyone else COMPLETELY gaa-gaa over that cute blonde in the pink top with a tootsie roll in her mouth on the TIP2GO Video WebAd??? :D

    Michale
    469

  12. [12] 
    Michale wrote:

    Is it just me or is anyone else COMPLETELY gaa-gaa over that cute blonde in the pink top with a tootsie roll in her mouth on the TIP2GO Video WebAd??? :D

    Make that "TOOTSIE POP"....

    Color me embarrassed... :^/

    Michale
    470

  13. [13] 
    Michale wrote:

    I'll say one thing....

    If EVER there was an event that is tailor-made for a terrorist/CBMS attack, it would be the Star Wars: The Force Awakens premiere....

    I am somewhat surprised that there is more public chatter about the possibilities...

    Granted, there is a lot of background chatter on it I have been hearing about the possibilities and preparations and such...

    But the general public seems blissfully unaware of the potential...

    Speaking of the movie itself..

    Anyone going???

    Michale
    471

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