The Federal War on Medical Marijuana Is Over

The Senate has approved a $1.1 trillion federal spending bill which includes an amendment that effectively ends the federal war on medical marijuana. The amendment, known as the Hinchey-Rohrbacher amendment, prevents the Department of Justice from spending money to prosecute medical marijuana dispensaries or patients that comply with state laws. 

Rep. Sam Farr (D-Calif.), a supporter of the amendment, said in a statement: “Patients will have access to the care legal in their state without fear of federal prosecution. Our federal dollars will be spent more wisely on fighting actual crimes and not wasted going after patients.”

Last year, the Department of Justice (DOJ) declared that it would not interfere with the implementation of state marijuana laws. However, this truce left the agency with the option to change its stance. This was demonstrated in early 2019 when the DOJ accused the Kettle Falls Five, a Washington State family, of growing 68 marijuana plants on their farm in Eastern Washington, where cannabis is legal. The family members were facing up to 10 years in prison, but this may now be prevented with the passing of the amendment. 

The amendment also provides assurance for marijuana patients in California, where the DOJ’s pledge does not seem to apply. California’s 1996 medical marijuana law, the first of its kind in the country, has been criticized by the DOJ for being too relaxed and decentralized. 

The passing of the amendment has been welcomed by medical marijuana activists as a significant moment for patients’ rights. Mike Liszewski, Government Affairs Director for Americans for Safe Access, commented: “By approving this measure, Congress is siding with the vast majority of Americans who are calling for change in how we enforce our federal marijuana laws.”

The CRomnibus spending bill has been hailed as a victory for marijuana advocates, despite one rider which aims to prevent the District of Columbia from legalizing the substance. The rider prohibits federal funds being used to reduce penalties associated with the possession, use or distribution of any schedule I substance. However, Jacob Sullum of Reason suggests that the rider may be moot, as the DC pot law has already been “enacted” by voters, passing with a 2-to-1 margin in November. 

The appropriations bill is a major win for pot smokers, with Josh Voorhes of Slate noting that the District is home to only 640,000 people, compared to the 38 million in California, one of 23 states where medical pot is legal. Congress has attempted to limit the repeal of pot prohibitions by the states, but the success of this effort appears to be limited.

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