WASHINGTON, DC — An amendment that would keep the Department of Justice from interfering with state medical marijuana programs was voted “out of order” by the House Rules Committee on Wednesday, preventing the House from including it in its version of the FY 2018 federal budget.
The Rohrabacher-Blumenauer amendment, introduced by Rep. Dana Rohrabacher (R-CA) and Rep. Earl Blumenauer (D-OR), would prevent the Department of Justice from spending any resources to target medical marijuana patients and providers in states where it is legal. Sen. Patrick Leahy (D-VT) introduced a similar budget amendment in the Senate, which was approved in a committee voice vote in July.
In 2014, Congress passed a similar amendment to an omnibus-spending bill. This amendment was subsequently renewed, but it now stands to expire on September 30 unless the Senate version of the budget is approved in a joint House/Senate conference committee or Congress fails to pass a budget.
If the amendment is not included in the budget or carried over, the Department of Justice will have nothing to prevent it from targeting state medical marijuana programs. Attorney General Jeff Sessions has repeatedly stated that he opposes marijuana being legal for any reason and in May sent a letter to Congress urging it to vote down the amendment and allow him to resume prosecuting medical marijuana providers.
While on the campaign trail, President Trump was asked his view on state marijuana policy reform, and he consistently said it should be a states’ rights decision and that he supports medical marijuana.
Twenty-nine states, the District of Columbia, and the U.S. territories of Guam and Puerto Rico have enacted effective medical marijuana laws.
According to an April poll conducted by Quinnipiac University, 73 percent of U.S. voters “oppose government enforcement of federal laws against marijuana in states that have legalized medical or recreational marijuana.” Ninety-four percent of U.S. voters support allowing adults to legally use marijuana for medical purposes.
“When an overwhelming majority of Americans oppose federal interference in state medical marijuana programs, it is unconscionable not to let their Representatives vote on whether to continue this policy,” Don Murphy, director of conservative outreach for the Marijuana Policy Project, said in a statement. “Unless Congress chooses the Senate budget version, millions of seriously ill patients and the legitimate businesses that provide them with safe access to their medicine will be at risk of prosecution.
“This vote is a slap in the face of patients, their families, their elected representatives, and the 10th Amendment.”