Source: theleafonline.com
Patients beware. The Republican party may be ready to follow through on its 2016 election platform threat to “roll back medical marijuana” and, in September, the GOP-dominated house threw a quick punch to the gut of the hemp industry, as well.
For several years now, Congress has limited DEA funding to go after medical marijuana in states where it has been legalized. Congress passed with the help of Democrats, and President Trump recently signed, legislation extending federal spending and the existing protections for state medical cannabis laws. That only lasts until December 8.
A Senate committee voted to keep in place the Rohrabacher provision earlier this year, House GOP leaders blocked the measure from even coming to a vote. The issue will be settled by a conference committee made up of members of both chambers but, instead of a simple approval, it will have to be added back into the budget. AG Jeff Sessions has actively worked to block that protection and unleash a new Drug War against patients and providers.
The courts offer relatively little hope of relief. Back in 2005, in Gonzalez v. Raich, the Supreme Court held that states can legalize cannabis under their own laws but they cannot block federal interference with the rights of their citizenry. The Court ruled that the thought of money alone, even when nothing is bought or sold of moved across state borders, is enough to trigger the Interstate Commerce Clause of the Constitution (Art. 1 Sec. 8) and called on Congress to follow science and the will of the voters and legalize medical marijuana. Twelve years later, there still has been little change to federal prohibition.
Fortunately, the Feds cannot roll back state laws legalizing adult use, cultivation and sharing of cannabis. They could, however, deal a severe blow to businesses — and not just “marijuana” businesses.
Fortunately, the Feds cannot roll back state laws legalizing adult use, cultivation and sharing of cannabis. They could, however, deal a severe blow to businesses — and not just “marijuana” businesses.
GOP assault on industrial hemp
Also in September, House Republicans stuck a knife into the industrial hemp amendment to the Farm Bill by requiring DEA and DoJ oversight for hemp production. This is a major problem, since the DEA has a long history of interfering with hemp importation, cultivation and even FDA oversight for cannabidiol (CBD)development. Many states, including California, ultimately had to re-write their hemp laws to exclude DEA from the process in order to make their laws workable amid federal antagonism.
Many hemp reform advocates and even sponsors of the bill believe that Senate majority leader Mitch McConnell, who is a strong supporter of industrial hemp in his home state of Kentucky, will kill those provisions, but that is by no means certain.
Many hemp reform advocates and even sponsors of the bill believe that Senate majority leader Mitch McConnell, who is a strong supporter of industrial hemp in his home state of Kentucky, will kill those provisions, but that is by no means certain.
Some positive steps, as well
The U.S. Senate Appropriations Committee issued a report criticizing research roadblocks caused by marijuana’s Schedule I status, urging that the federal government test dispensary cannabis for potency and purity and going so far as to suggest that cannabis might be a safer alternative to opioids. U.S. Sen. Orrin Hatch and a bipartisan group of cosponsors recently introduced a bill that, if passed and signed, would make it easier to research medical use of cannabis.
The U.S. House approved amendments to scale back the use of asset forfeiture and to take $4 million from the Drug Enforcement Administration budge and redirect it to test rape kits instead.
The U.S. Senate Appropriations Committee issued a report criticizing research roadblocks caused by marijuana’s Schedule I status, urging that the federal government test dispensary cannabis for potency and purity and going so far as to suggest that cannabis might be a safer alternative to opioids. U.S. Sen. Orrin Hatch and a bipartisan group of cosponsors recently introduced a bill that, if passed and signed, would make it easier to research medical use of cannabis.
The U.S. House approved amendments to scale back the use of asset forfeiture and to take $4 million from the Drug Enforcement Administration budge and redirect it to test rape kits instead.
Change at top of the DEA
Acting Drug Enforcement Administration head Chuck Rosenberg has never been a fan of marijuana. He previously called medical cannabis a “joke,” prompting a Marijuana Majority petition that garnered more than 150,000 signatures.
In late September, Rosenberg resigned as part of a broader disagreement with the president, stating that this Republican administration “does not support the rule of law.”
Despite his shortcomings, the past two years of Rosenberg’s tenure have seen the agency hold the line against most medical marijuana raids in states where it is legal and has eased up a little on its ban on research.
The question that reformers now face is, simply, will Trump nominate and appoint someone even closer in step with Session’s cannaphobia, or someone closer to the President’s own stated objective of legalizing medical marijuana and letting states decide on adult use?
So far, no actions by this administration have shown a commitment to fulfilling that campaign promise.
Despite his shortcomings, the past two years of Rosenberg’s tenure have seen the agency hold the line against most medical marijuana raids in states where it is legal and has eased up a little on its ban on research.
The question that reformers now face is, simply, will Trump nominate and appoint someone even closer in step with Session’s cannaphobia, or someone closer to the President’s own stated objective of legalizing medical marijuana and letting states decide on adult use?
So far, no actions by this administration have shown a commitment to fulfilling that campaign promise.
President, AG, DEA can change schedule
Legalizer or just a liar? Photo: Gage Skidmore
The Controlled Substances Act, which bans cannabis, has given the administration authority to move marijuana out of Schedule 1, which prohibits its use. A federal court in 1988 agreed that would be appropriate and that is is “arbitrary and capricious” for the agency to do otherwise. Almost 30 years later, the DEA still refuses.
However, the head of the DEA works below the Attorney General, cannaphobic racist Jeff Sessions, who works for the President. So in the chain of command, any of those three could order cannabis to be rescheduled or de-scheduled with no further action from Congress. Trump could do it in five minutes.
Problem may linger for years longer
This is only eight months in to the Republican control of the entire U.S. government. Unless the administration delivers on its pledge to fix the federal marijuana laws, this battle will continue to plague cannabis consumers and the industry for years to come. When prohibitionists like Sessions lose one battle, there remains about 3.5 more years to keep coming back to their Drug War agenda.
Many reformers feel that their best hope is for Democrats, who in 2016 promised to create a “pathway to legalization,” to regain control of one or, preferably, both houses of Congress.
Many reformers feel that their best hope is for Democrats, who in 2016 promised to create a “pathway to legalization,” to regain control of one or, preferably, both houses of Congress.
Chris Conrad’s latest book helps people navigate the ins and outs of cannabis and the industry.
Lacking a coherent theme to retake Congress, the democrats could use the cannabis reform issue as a wedge to bring out young voters and even shift the GOP base to support legalization, if for no other reason to mute the issue for Democrats.However, the Democratic party has a long history of running away from winning issues and losing elections. If that is the case, the cannabis and hemp industries are in for a long slog and they will take a lot more hits.
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