/>iWhat. Are. We. Doing. Here?
The latest from Capitol Hill is a doozy:
A congressional committee has approved a spending bill that contains provisions to block the Justice Department from rescheduling marijuana. The legislation would also maintain a separate long-standing rider protecting state medical cannabis programs from federal interference — though with new language authorizing enhanced penalties for sales near schools and parks.
It next heads to full committee and then, potentially, to the floor.
Here’s the text of one of the relevant provisions:
SEC. 607. None of the funds appropriated or other wise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).
Meanwhile, the Drug Enforcement Administration (DEA) recently notified an agency judge that the marijuana rescheduling process remains stalled under the Trump administration. It’s been over six months since DEA Administrative Law Judge (ALJ) John Mulrooney temporarily paused hearings on a proposal to move cannabis to Schedule III. And in a joint report to the judge submitted earlier this month, DEA attorneys and rescheduling proponents said they’re still at an impasse.
But it’s not all bad news for the industry:
To the relief of advocates, the latest CJS bill does continue to preserve a long-standing rider to prevent DOJ from using its funds to interfere in the implementation of state medical marijuana programs that have been part of federal law since 2014.
However, it stipulates that the Justice Department can still enforce a section of U.S. code that calls for increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, college, playground or public housing unit. That language was first included in the last version of the appropriations legislation.
The GOP positioning on this remains a head scratcher to your author:
A survey conducted by a GOP pollster affiliated with Trump that was released in April found that a majority of Republicans back a variety of cannabis reforms, including rescheduling. And, notably, they’re even more supportive of allowing states to legalize marijuana without federal interference compared to the average voter.
Meanwhile, Trump picked former Florida Attorney General Pam Bondi to run DOJ, and the Senate confirmed that choice. During her confirmation hearings, Bondi declined to say how she planned to navigate key marijuana policy issues. And as state attorney general, she opposed efforts to legalize medical cannabis.
Amid the stalled marijuana rescheduling process that’s carried over from the last presidential administration, congressional researchers recently reiterated that lawmakers could enact the reform themselves with “greater speed and flexibility” if they so choose, while potentially avoiding judicial challenges.
I guess the more things change, the more they stay the same. Congress may take some action on marijuana, or it may not. If it does, that action will both make it more difficult for people to obtain marijuana and more difficult to prosecute people for obtaining marijuana. Honestly it’s just getting exhausting at this point to complete the mental gymnastics of even trying to explain to laypeople what the law is regarding marijuana in America.
Thanks for stopping by.
