Court Case Highlights Need For Continued Federal Protections

3410000930_95fc2866fa_zLast week, a US District Court blocked federal prosecutors from continuing a case against a medical marijuana cultivation company as a result of the current, albeit limited, congressional protections from the Department of Justice.

LA Weekly reported:

Humboldt County growers Anthony Pisarski and Sonny Moore had already pleaded guilty to federal allegations (conspiracy to manufacture and possess with intent to distribute) but sought an evidentiary hearing based on legislation, first enacted in 2014, that prohibits the U.S. Department of Justice from cracking down on cannabis suspects who are otherwise following their state laws. The Rohrabacher-Farr amendment is a budget rider, co-authored by SoCal U.S. Rep. Dana Rohrabacher, that prevents enforcement and prosecution in medical marijuana states by stripping funding for such endeavors.

U.S. District Court Judge Richard Seeborg on Tuesday stayed the prosecution, so the case is closed unless the Rohrabacher-Farr amendment expires and fails to be re-enacted and federal prosecutors want to resume their case. The defendants’ Beverly Hills attorney, Ronald Richards, says: “This is the first time in my 23-year career I’ve had a case stopped because of an appropriations rider.

“What the court did in this case may be used as a blueprint for other cases,” he says. “It opens the door for people not to get scared.”

In response to this verdict, California NORML Executive Director Dale Gieringer said, “It’s significant that a federal court ruled that people targeted by feds and in compliance with California’s medical marijuana laws ruled in the defendants’ favor.”

The Judge’s verdict was predicated on a previous ruling, United States v. McIntosh, a Ninth Circuit decision last year that upheld a medical marijuana defense for those facing federal prosecution in lawful medical states.

“This is the first case I’m aware of where McIntosh was cited and used to full effect,” continued Gieringer.

On July 27, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee to maintain this protection for lawful medical marijuana programs from the Department of Justice.

You can send a message to your Representative to support this language in the House by clicking HERE. 

 

Washington State Responds To Attorney General Sessions’ Veiled Threats

Jeff_Sessions_(29299022521)As first reported by Tom Angell of MassRoots.com, Washington State Governor Jay Inslee and Attorney General Bob Ferguson responded to a July 24 letter from US Attorney General Jeff Sessions, in which Sessions’ made multiple allegations all based on a single misleading 2016 report.

One would say, they didn’t pull any punches:

“Your letter, citing the March 2016 Northwest High Intensity Drug Trafficking Area (NW HIDTA) report on marijuana in Washington, makes a number of allegations that are outdated, incorrect, or based on incomplete information.”

 

Cutting right to the heart of the matter, i.e. facts, the Washington state leaders again articulated their desire to educate the (seemingly willing) ignorant Sessions.

“We have twice requested an in-person meeting with you because we believe it will lead to better understanding than exchanging letters. If we can engage in a more direct dialogue, we might avoid this sort of miscommunication and make progress on the issues that are important to both of us. We therefore reiterate our request to meet with you, followed by further appropriate meetings between state and DOJ officials.”

 

One of the most basic functions of government is to simply provide consistency and certainty in law enforcement. So after repeated efforts by the state’s leadership to receive clarification, basic facets of the Department of Justice’s approach are still unknown. In yet another attempt for guidance, the Governor and state Attorney General requested information on:

  • Whether DOJ intends to follow recommendations from its Task Force on Crime Reduction and Public Safety—in particular, its reported recommendation to continue previous federal policy on state legalization of marijuana.
  • Whether President Trump’s previous statements of support for medical marijuana, and leaving recreational marijuana legalization to the states, represent the policy of the federal government.
  • Whether DOJ will support reasonable federal policies allowing financial institutions to provide service to licensed marijuana businesses, in order to avoid the public safety risks and transparency problems associated with all-cash businesses.
  • How state-regulated marijuana should be treated by the federal government following the President’s declaration that the opioid crisis constitutes a national emergency, and whether the federal government will support objective, independent research into the effects of marijuana law reform on opioid use and abuse.
  • Whether the federal government will help protect public health by supporting agricultural research on the safety of pesticides used in marijuana cultivation.
  • Whether the federal government will support research into expedited roadside DUI testing methods for law enforcement, as alternatives to blood draws.

 

How Attorney General Sessions will respond, only time will tell.

You can click HERE to send a message to your Representative to urge their support for The Respect State Marijuana Laws Act, bipartisan legislation to prevent the Department of Justice from enforcing federal prohibition in states that have chosen to legalize medical or adult-use marijuana.

You can view the full letter from Governor Inslee and AG Ferguson below:

Washington Officials Respond to Sessions Marijuana Letter by tomangell on Scribd

SMART Bill Reintroduced in Congress

Congresswoman Suzan DelBene (D-WA-1)

Congresswoman Suzan DelBene (D-WA-1)

Congresswoman Suzan DelBene (D-WA-01) has reintroduced the State Marijuana And Regulatory Tolerance (SMART) Enforcement Act (H.R. 3534). This bill prohibits state-sanctioned marijuana consumers and businesses from being prosecuted by the federal government.

By a margin of more than 6 to 1, Americans say that individual states should be able to make their own laws governing the use and sale of marijuana. The SMART Enforcement Act acknowledges this voter sentiment while also ensuring states are operating in a safe and responsible manner.

In a prepared statement, Congresswoman DelBene says that her legislation “will fix the conflict between state and federal law by giving states effectively regulating marijuana themselves, such as Washington, a waiver from the Controlled Substances Act. It also resolves the banking issues currently forcing dispensaries to operate on an unsafe, all-cash basis. These waivers will ensure people in states that have different laws than the federal government on marijuana are protected from prosecution, provided they meet certain requirements, as more and more states work to regulate marijuana within their own borders.”

Legislation similar to this is pending in California, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws. As Congresswoman DelBene said, “People in these states should not live in fear of the unpredictable actions of the Attorney General and Department of Justice.”

Click HERE to urge your Representatives to support this legislation.

Senate Committee Passes Amendment To Protect Medical Marijuana

Senator Patrick Leahy

Senator Patrick Leahy

Today, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee to protect lawful medical marijuana programs from the Department of Justice.

Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Last August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.

The decision to reauthorize the Rohrabacher-Blumenauer amendment language by the Senate committee illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

Whether or not the House of Representatives will take a vote on the amendment is unclear. They did not include its language in the version of the 2018 Commerce, Justice, Science (CJS) bill that passed the House Appropriations Committee earlier this month. Last year, the amendment passed on the floor of the House by a vote of 242-186.

Although the amendment was reauthorized by Congress in May as part of a short term spending package, US Attorney General Jeff Sessions has been aggressively lobbying leadership to ignore the provisions. President Trump also issued a signing statement objecting to the Rohrbacher-Blumenauer provision.

You can send a message to your Representative to support this language in the House by clicking HERE. 

 

Will the House of Representatives Let Jeff Sessions Shut Down Medical Marijuana?


Medical marijuana
This week, the House Appropriations Committee released its 2018 Commerce, Justice, Science (CJS) Appropriations bill, which determines the funding levels for numerous federal agencies, including the Department of Justice. Predictably, the bill does not include language — known as the Rohrabacher-Blumenauer amendment — limiting the Justice Department from taking action against state-sanctioned medical cannabis producers, retailers, or consumers.

Although the amendment was reauthorized by Congress in May, US Attorney General Jeff Sessions has been aggressively lobbying leadership to ignore the provisions. President Trump also issued a signing statement objecting to the Rohrbacher-Blumenauer provision.

Nonetheless, support for the Rohrbacher-Blumenauer protection amendment has only grown in recent years. House members initially passed the amendment as a budgetary rider in 2014 by a vote of 219 to 189. By the following year, 242 House members voted in support of the language.

Yet even with bipartisan support, the text of this amendment has never been included in “the inline text” or “the base bill” of the CJS Appropriations bill. In every case of its passage, lawmakers have needed to add the language as a separate rider to the legislation and then vote on it on the floor of the House.  

This year is no exception. Our allies in Congress anticipate a similar process to take place this fall and they are confident that we will once again be victorious — despite the best efforts of our opponents.

Reps. Blumenauer and Rohrbacher last night in a statement:

“The policy championed by Representatives Blumenauer and Rohrabacher that prevents the Department of Justice from interfering in the ability of states to implement legal medical marijuana laws (previously known as “Rohrabacher-Farr”) has never been included in the base Commerce, Justice, Science, and Related Agencies (CJS) Subcommittee Appropriations bill. Rather, in previous years, Congress has amended the base CJS bill to include these protections.

We are exactly where we thought we would be in the legislative process and look forward to amending the underlying bill once again this year to make sure medical marijuana programs, and the patients who rely on them, are protected. Voters in states across the country have acted to legalize medical marijuana. Congress should not act against the will of the people who elected us.”

Thirty states now permit the doctor-authorized use of medical cannabis by statute, and an additional 16 states include statutory protections for the use of CBD. It is hard to imagine a scenario where a majority of lawmakers from these jurisdictions would vote against the best interests of their constituents, given the broad and bipartisan support that the amendment has received in the past.

It has been and will continue to be in politicians’ best interests to protect this progress and to protect voters’ freedoms from the encroachment of Jeff Sessions and the Justice Department.

Click here to send a message to your member urging them to support the Rohrabacher-Blumenauer amendment.

017 which will codify these protections into law so that we no longer have to have these annual budget fights.

 

Deputy AG: Marijuana is federally illegal and has no medical use

Cannabis PenaltiesDeputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing today and his responses were disconcerting to say the least.

Senator Lisa Murkowski (R-AK) asked Rosenstein about the current tension between state and federal marijuana laws.

“We do have a conflict between federal law and the law in some states. It’s a difficult issue for parents like me, who have to provide guidance to our kids… I’ve talked to Chuck Rosenberg, the administrator of the DEA and we follow the law and the science,” said Rosenstein, “And from a legal and scientific perspective, marijuana is an unlawful drug. It’s properly scheduled under Schedule I. And therefore we have this conflict.”

He further elaborated on the Trump Administration’s view of the Cole Memo, which was issued by President Obama’s Deputy Attorney General James Cole, which lays out guidelines for marijuana businesses operating in medical and legal states if they wish to avoid federal interference.

“Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

He also said that the Department of Justice is “responsible for enforcing the law. It’s illegal, and that is the federal policy with regards to marijuana.”

After testifying in front of the Senate Appropriations Committee, he also appeared before its House counterpart.

Representative Kilmer (D-WA) further questioned the Deputy Attorney General on the Cole Memo and the Department of Justice’s pending review of it, asking for an update on Attorney General Jeff Sessions view on it.

Rosenstein responded: “I do not have an update. I can tell you, it’s a very complicated issue for us. Under federal law as passed by the Congress, and given the science concerning marijuana, it’s a Schedule I controlled substance. That’s a decision I’ve talked with (DEA) Administrator Rosenberg about. Some states have taken a different approach and legalized or decriminalized marijuana for medical use and in some cases recreational use…The question of whether it’s legal under federal law is resolved because Congress has passed a law — it’s illegal. Scientists have found that there’s no accepted medical use for it. Cole made an effort to examine the issue and find a way forward for the department where we could continue with our obligation to enforce federal law and minimize the intrusion on states that were attempting to follow a different path.”

Despite these critiques, Rosenstein stated any revisions are likely to happen further down the road.

“For the moment the Cole memo remains our policy. There may be an opportunity to review it in the future, but at the moment I’m not aware of any proposal to change it. But I think we’re all going to have to deal with it in the future.”

You can watch the exchange on CSPAN by clicking HERE

Send a message to your member of Congress to support legislation to end federal marijuana prohibition by clicking HERE. 

Congressional Protections For Legal State Medical Marijuana Programs Expected To Be Extended

3410000930_95fc2866fa_zWe welcome the extension and expansion of critical marijuana policy provisions through September 30 in the proposed fiscal year 2017 omnibus funding legislation.

The decision to reauthorize the Rohrabacher-Blumenauer amendment language illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

Congress deciding to maintain protections for state-sanctioned medical marijuana programs in the era of a Department of Justice being led by Attorney General Jeff Sessions means that patients ailing from conditions that range from cancer to PTSD can breathe a temporary sigh of relief. Once approved, states will be able to continue to service and implement these programs without fear of federal incursion until September 30 of this year.

Yet, this action is only a stopgap measure at best. Ultimately, Congress needs to amend federal law in a manner that comports with the available science, public opinion, and with America’s rapidly changing cultural and legal landscape. Such action includes removing cannabis from the Controlled Substances Act so that states possess the flexibility to engage in their own marijuana regulatory policies how best they see fit.

The text in the omnibus funding legislation is:
Page 230 – “SEC. 537. None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, 25 Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

 

Last Chance To Protect Medical Marijuana Patients and Providers From Jeff Sessions

Medical marijuana

Update: Congress passed a one-week continuing resolution to maintain the current federal spending levels with the Rohrabacher-Farr amendment included, meaning state medical marijuana patients and businesses will remain protected from Attorney General Jeff Sessions and the Department of Justice until May 5.

Today is the final day that Congress has to pass a short-term budget to fund the federal government and it’s up to us to make sure that lawmakers reauthorize the Rohrabacher-Farr amendment. This critical amendment stops Jeff Sessions’ Department of Justice from targeting state-sanctioned medical marijuana patients, growers, caregivers, and providers.

Click here now to tell your member of Congress to Stop Sessions from going after marijuana.

94% of US voters support legal access to medical marijuana. Congress needs to understand that this is a mandate that is non-negotiable.

We cannot give one inch of our hard fought victories when we still have so far to go.

Take action today to protect our gains and to keep in place programs that millions of patients have come to rely upon. Tomorrow we continue our fight to legalize marijuana nationwide.

Click HERE now to make your voice heard!

Background:

Since 2014, members of Congress have passed annual spending bills that have included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

According to recently released nationwide survey data, the majority of Americans are on our side. A whopping 93 percent support the medical use of marijuana. Perhaps most importantly, 71 percent of voters — including strong majorities of Democrats, Republicans, and Independents — say that they “oppose the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.”

Again, please contact your member of Congress right now to protect legal state medical marijuana patients and businesses. 

 

Say NO To Taxpayer Funded Medical Marijuana Raids

doctor_marijuanaSince 2014, the Department of Justice has been prohibited from using taxpayers’ funds to enforce federal anti-marijuana laws in states that regulate its medical use.

But that could all change this week as Congress decides how to fund the federal government for the remainder of this fiscal year. 

At issue is a provision known as the Rohrabacher-Farr amendment, which maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In December, Congress re-authorized the amendment as part of a short term spending package through April 28, 2017, at which time the budget — and the Rohrabacher-Farr Amendment — will expire.

With anti-cannabis zealot Jeff Sessions now heading the Department of Justice, we can’t leave patients across the country and those who supply their medicine vulnerable to a federal crackdown on medical marijuana.

We NEED you to send a message to your member of Congress RIGHT NOW to support medical marijuana patients! 

Over 90% of all Americans support the legalization of medical marijuana, according to nationwide polling data published last week. Further, 73 percent of voters oppose federal interference in states that regulate its use. Let’s ensure that these programs and the millions of patients who rely upon them are protected. 

Tell your member of Congress to get this right. Demand that they protect patients from Jeff Sessions and his Department of Justice. 

Jeff Sessions: Wrong on Opioids and Violence, Considers RICO Lawsuits

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

Attorney General Jeff Sessions appeared with conservative talk radio host Hugh Hewitt to discuss a range of issues, including how the Trump administration intends to address marijuana law enforcement in states that are regulating its adult use.

During the interview, Hewitt repeatedly encourages Sessions to engage in federal prosecutions against state-licensed marijuana providers.

Hugh Hewitt (HH): Let’s talk about the rule of law. I have a piece coming out in the Washington Post about this on Sunday, Attorney General Sessions. One RICO prosecution against one marijuana retailer in one state that has so-called legalization ends this façade and this flaunting of the Supremacy Clause. Will you be bringing such a case?

Jeff Sessions (JS): We will — Um — Marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws. So yes, we will enforce law in an appropriate way nationwide. It’s not possible for the federal government, of course, to take over everything the local police used to do in a state that’s legalized it. And I’m not in favor of legalization of marijuana. I think it’s a more dangerous drug than a lot of people realize. I don’t think we’re going to be a better community if marijuana is sold in every corner grocery store.

HH: No, but it would literally take one racketeering influence corrupt organization prosecution to take all the money from one retailer, and the message would be sent. I mean, if you want to send that message, you can send it. Do you think you’re going to send it?

JS: Well, we’ll be evaluating how we want to handle that. I think it’s a little more complicated than one RICO case, I’ve got to tell you. This, places like Colorado, it’s just sprung up a lot of different independent entities that are moving marijuana. And it’s also being moved interstate, not just in the home state.

HH: Yes.

JS: And neighbors are complaining, and filed lawsuits against them. So it’s a serious matter, in my opinion. And I just came from a big rally in New Hampshire yesterday, Hugh. This is, this opioid problem is just huge. There were 9,000 high school and junior high school students there. A mother I met who had lost a son three months before, a child, and she said there were 50 more mothers there who’d lost children speaking to those kids. We’ve had this huge opioid surge in America, 120 people a day die from drug overdose. And I do believe, and the President has issued an order to the Department of Justice to crack down on drugs and these international cartels that are moving this Fentanyl that’s so deadly into our country. And we’re going to step up that in a very vigorous way as I talk to United States Attorneys yesterday by conference call.

Predictably, Sessions’ responses — in particular his reaffirmation: “Marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws. So yes, we will enforce law in an appropriate way nationwide.” — follows the path laid out by The Heritage Foundation’s Cully Stimson, who on February 27th, released an 11-point plan on how to “provide a targeted approach to [federal] marijuana enforcement.” The Heritage Foundation proposal specifically calls for the Department of Justice to use RICO laws to target state-licensed marijuana businesses:

  1. Prosecute those dealing in marijuana—which is illegal under federal law—using the Racketeer Influenced and Corrupt Organizations Act (RICO). Those who engage in a pattern of racketeering activity through a corporation or other enterprise are liable for three times the economic harm they cause. RICO gives federal courts the power to order racketeering enterprises and their co-conspirators to cease their unlawful operations.

The Attorney General also repeats two overt myths regarding cannabis, claiming that the enactment of marijuana regulatory schemes are somehow linked with violent crime and opioid abuse. As NORML recently points out in op-eds here and here, both of these claims are categorically untrue.

At the end of the day, when the Attorney General of the United States publicly contemplates the federal prosecution of those in the adult use marijuana industry, we should take these threats seriously.

That is why we need to continue to be proactive in pushing Congress to end federal marijuana prohibition and be ready to fight back at every level should Sessions follow through on his recent statements.

Click here to tell your member of Congress and urge them to support HR 1227, the Ending Marijuana Prohibition Act of 2017.

And click here to sign up as a NORML monthly supporter to make sure that we have the resources to support our chapters in the upcoming legal battles to protect the states that have legalized adult-use marijuana.

Thanks for all you do and stay vigilant.

Four days since The White House threatened marijuana consumers…

White House Press Secretary Sean Spicer

White House Press Secretary Sean Spicer

It has been a whirlwind since the White House Press Secretary Sean Spicer on Thursday indicated that the Trump administration may engage in “greater” efforts to enforce federal anti-marijuana laws in jurisdictions that have legalized and regulated its adult use.

In the last four days, NORML has helped to generate over 20,000 emails to members of Congress in to support HR 975, The Respect State Marijuana Laws Act, which would prevent federal agencies from enforcing prohibition in states that have changed their marijuana laws. In addition, over 5,000 individuals for the first time have also emailed their state elected officials via our Act page in support of various statewide legislative reforms.

While neither the White House nor the Department of Justice have yet to act on their threats, this trial balloon could be a prelude to aggressive action in the not so distant future. In the context of recent actions by the Department of Justice in regard to immigration enforcement and private prisons, it is within the realm of possibility that a full scale assault on marijuana users could be coming shortly.

Even if the Department of Justice does little more than send letters to elected officials in legal states declaring its intention to act, this alone will have a serious chilling effect on the implementation of statewide legalization laws. These are exactly the sort of tactics that our opponents in states like Maine and Massachusetts have sought for in order to justify delaying implementing the will of their voters.

We must be vigilant and pressure Congress to protect adult use marijuana states from undue federal interference.

Click here to email your member of Congress right now to support The Respect State Marijuana Laws Act.

Also, in the wake of Spicer’s comments, NORML’s Deputy Director Paul Armentano has two new op-ed’s, appearing in The Hill and The Daily Caller.

Trump Administration’s dubious claims about pot and opioids are dead wrong

…Proponents of marijuana prohibition have long alleged that experimentation with pot acts as a ‘gateway’ to the use and eventual abuse of other illicit substances. But the evidence does not support this claim.

In reality, permitting marijuana sales to be regulated by licensed, state-authorized distributors rather than by criminal entrepreneurs and pushers of various other illicit drugs results in fewer, not more, Americans abusing other, potentially more dangerous substances…

Read more in The Hill

Trump’s Proposed Pot Crackdown Is Out Of Step With Voters, Including Many Republicans

…Rather than picking an unnecessary fight with the majority of American voters, including a significant portion of Trump’s own base, the administration should consider embracing common sense marijuana law reforms. Endorsing bipartisan legislation, HR 975: The Respect State Marijuana Laws Act,” would be a good place to start. In accordance with the electorate’s wishes, passage of the act would prevent the federal government from criminally prosecuting individuals or businesses that are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

Despite more than 70 years of federal marijuana prohibition, Americans’ consumption of and demand for cannabis is here to stay. It is time for politicians to acknowledge this reality and amend federal marijuana laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status. The Trump administration has the opportunity to take the lead on this issue. It would be an enormous political misstep for them to do otherwise….

Read more in The Daily Caller

Additionally, the newly formed Cannabis Caucus put out a statement regarding last the announcement from Spicer:

“Today’s statement by White House Press Secretary Sean Spicer regarding marijuana policy reaffirms the need for the Congressional Cannabis Caucus. Last November, eight more states passed measures to increase access to state-legal cannabis, and today more than 300 million Americans live in states with access to adult-use marijuana or some form medical cannabis.  Among them are four additional states that have fully legalized the adult-use of marijuana. We hope today’s comments do not reflect the views of the President and his administration.  As co-chairs of the Congressional Cannabis Caucus, we stand ready to educate this administration on the need for more sensible marijuana policies and share the many experiences states have had with the legalization of cannabis. Together, we will continue to work in a bipartisan manner to reform our failed marijuana policies and provide a voice for Americans who have overwhelmingly voted for a more sensible drug policy.”

It’s institutions like NORML, the Cannabis Caucus, and most importantly, your efforts as part of the democratic process that will prevent the rollback of progress in marijuana legalization. Don’t stop calling your members of Congress and getting involved locally. Do not accept this as a new normal. This is not normal. Smoking pot is NORML.

Email your member of Congress right now and tell them to protect marijuana progress and join the newly formed Cannabis Caucus.

BREAKING: Jeff Sessions Confirmed As Attorney General

Jeff_Sessions_(29299022521)

Photo by Gage Skidmore

Despite historic opposition to a nominee for Attorney General, today Senator Jefferson Beauregard Sessions (R-AL) was confirmed to assume the role of our nation’s top law enforcement official.

What happens next in regards to marijuana policy is unclear. We can engage in speculation as much as we’d like, but ultimately theorizing on whether or not Sessions will leverage the resources of the Department of Justice to enforce the federal prohibition of marijuana will be discovered soon enough.

For now, we must reflect on the achievements that we have made as a movement which now must be protected and continue to pursue further progress, be it at the state or federal level.

Currently, states that have implemented medical marijuana programs are technically protected from the Department of Justice under the Rohrabacher-Farr amendment, however that is set to expire on April 27th unless renewed as a part of the appropriations process.

Jeff Sessions’ history in regards to marijuana policy, including making statements like “We need grown-ups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it’s in fact a very real danger.” and “[Marijuana] cannot be played with, it is not funny, it’s not something to laugh about, and trying to send that message with clarity, that good people don’t smoke marijuana are a serious reason for concern and highlight the need to remain vigilant.  

During his confirmation process, marijuana legalization supporters with NORML made thousands of phone calls and sent tens of thousands of emails regarding Sessions plans for marijuana policy. While we lost the battle, we continue to win the war.

Our Senators, now more than ever, know this is an issue at the forefront of the minds of American voters and that we are willing and able to mobilize for it. In fact, four Senators referenced Sessions’ position on marijuana as a reason to oppose his nomination during an all night “talk-a-thon” to delay todays vote.

We will never stop fighting for further reforms at the state level and needed federal policy changes. With NORML members throughout the country organizing lobby days and taking direct action, the fight for cannabis freedom will continue with renewed energy.

NORML has resisted marijuana prohibition for 47 years – We’re not going to stop now.

Please consider signing up to be a monthly contributor to ensure that we have the resources we need to stand up to Jeff Sessions and to fight back against our nation’s failed war on marijuana consumers.

Federal Court of Appeals Upholds Ban on Prosecuting State-Compliant Medical Marijuana Businesses

Medical marijuanaA three-judge panel of the US Court of Appeals for the 9th Circuit, covering nine western states, earlier this week ruled unanimously that the Department of Justice is barred by federal law from prosecuting medical marijuana businesses if those businesses are operating in compliance with state law.

This decision came in an appeal in which the court had consolidated ten different cases from California and Washington, in which the defendants — growers and dispensaries — had argued that their federal indictments should be dismissed because of a current ban, enacted by Congress in 2014, on the use of federal funds to prosecute state-compliant medical marijuana activities. Known as the Rohrabacher-Farr Amendment, the language of the enactment said federal funds could not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

The Department of Justice had argued the ban only precluded their interference with the state governments, and did not ban federal prosecutions against individual defendants. The Court of Appeals rejected this argument, and remanded the cases back to the US District Courts for an evidentiary hearing to determine if the individual defendants had in fact acted in compliance with their state medical marijuana laws.

Judge Diarmuid O’Scannlain, writing for the panel, did warn in his opinion that Congress could restore funding to prosecute these cases “tomorrow, a year from now, or four years from now, and the government could then prosecute individuals who committed offenses while the government lacked funding.”

HuffPost: Obama’s Big Marijuana Mess

Huffington Post reporters Ryan Grimm and Ryan Reilly publish one of the most comprehensive and insightful pieces to date on the current friction between state and federal laws regarding cannabis in America, and conclude that federal prosecutors at the regional level—not elected policymakers or department leaders in Washington—are largely creating an ad hoc enforcement policy from state-to-state.

 

Breaking News: Two Governors Petition Federal Government To Allow For Medical Marijuana

The governors of Rhode Island and Washington have both signed a petition asking the Obama Administration to re-schedule cannabis from Schedule I to Schedule II, effectively ending the federal government’s total prohibition on medical patients having lawful and controlled access to organic cannabis products.

“The situation has become untenable for our states and others. The solution lies with the federal government.”

Both Governors Lincoln Chafee and Christine Gregoire of Rhode Island and Washington respectively were, ironically, two state governors who chose to heed to the warnings issued by the federal government in a Department of Justice memo (known as the ‘Cole memo‘) and not move forward with otherwise popular medical cannabis law reforms in their states. 

However, no more! These two governors’ action today is a very important turning point in the history of cannabis law reform in America.

Contrastingly, the governors of Colorado, Maine, New Jersey, New Mexico and the city council of D.C. all largely ignored the federal government and moved forward with their states’ respective medical cannabis programs.

NORML began the entire legal and political debate about ‘medical marijuana’ in 1972 when it launched a 24-year re-scheduling effort, that is still laboring on all these years.

Therefore to finally witness governors so frustrated with the absurdly mis-scheduled cannabis plant as being dangerous, addictive and possessing no medical utility (wrongly grouped with heroin and LSD) that they are reaching out to the president to fix this clear injustice and warping of science is a clear demonstration that the friction between the federal government’s recalcitrance on accepting medical cannabis (or for that matter ending Cannabis Prohibition in total) and state politicians who can no longer justify towing the fed’s ridiculous ban on physician-prescribed cannabis to sick, dying and sense-threatened medical patients is coming to a dramatic conclusion in a government showdown, one that may bode well for the larger Cannabis Prohibition reforms needed, festering just below the surface of the public’s mass acceptance of medical access to cannabis.

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