Medical marijuana states and industrial hemp programs would continue to be protected from federal interference under a wide-ranging congressional spending bill that was released by a House subcommittee on Thursday.
This marks the first time that the medical cannabis rider has been included in a base House appropriations bill as introduced, signaling that the chamber’s new Democratic majority is paying closer attention to the issue as standalone marijuana legislation separately makes its way through Congress. Last year, the rider, which has been federal law since 2014, was added during a full Appropriations Committee hearing. Prior to that it had been inserted through floor amendments.
But while the procedural development is encouraging to advocates, the legislation as it’s currently drafted does not afford states that have more broadly legalized marijuana for adult use the same protections.
The medical marijuana-focused rider attached to the spending bill—which appropriates funds for the Department of Justice for Fiscal Year 2020—stipulates that none of the money may be used to prevent states and certain U.S. territories “from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
“I’m proud that the critical language I offered as an amendment last year to protect states that have legalized medical cannabis is now included in the base text of this year’s appropriations bill,” Rep. David Joyce (R-OH), told Marijuana Moment. “This progress is a testament to my colleagues’ and my commitment to protecting the will of the states and ensuring decisions about medical cannabis are between a patient and their doctor.”
The bill lists all of the states and territories that have medical cannabis laws—including comprehensive programs as well as more limited CBD-focused policies—that the rider would apply to. But the U.S. Virgin Islands, which legalized medical cannabis in January, was not included. However, that likely wasn’t intentional, as past versions of the legislation have also inadvertently omitted newer medical marijuana states like North Dakota and Indiana.
On the Senate side of the appropriations process, the medical cannabis protection rider appeared in that chamber’s base bill for the first time last year. It had previously been adopted there via full Appropriations Committee votes.
Missing from the new House spending legislation is another rider that’s been previously proposed to prevent the Justice Department from using funds to intervene in states that have legalized marijuana for recreational purposes.
If it’s put forth as an amendment later in the process, advocates are optimistic that it would pass. The last time it came up for consideration on the House floor, in 2015, it fell just nine flipped votes short of being approved. The number of states that have legalized cannabis for adult use has since more than doubled. Read more