Dana Rohrabacher

LEGAL

Rohrabacher: Representing Cannabis in the House

BY CHRIS LARKIN

The opposition to federal cannabis legalization in Congress comes mostly from

Republicans. That’s why the conservative voice of Dana Rohrabacher (R-Costa Mesa) is so uniquely important to the pro-marijuana[cannabis] cause. The Republican U.S. House of Representatives member – along with six other Republicans and six Democrats -- recently introduced the Respect State Marijuana[Cannabis] Laws Act of 2017 (now called the Rohrabacher-Blumenauer bill). It aims to prohibit the feds from interfering with state laws regarding cannabis.

“My answer is to leave it up to the states and not have the federal government superimpose this type of prohibition on the American people that they don’t want,” Rohrabacher said on his cell phone from LAX, awaiting a flight from his district to Washington.

According to Rohrabacher, draconian federal antimarijuana[cannabis] laws represent both “a humanitarian waste and a monetary waste of billions of dollars.”

“On top of taking resources for other government services that we’re short on,” he said, “we’re taking a significant number of people who are not doing anything that causes harm to other people and causing them great harm by arresting them in the name of protecting ourselves.”

Rohrabacher -- who has served Congress since 1989 -- made headlines last year when he admitted using medical marijuana[cannabis] to alleviate arthritis in his arms.

“I was a heavy surfer and I wore away the cartilage in my joints,” says the Coronado native. “It was only a painrelieving salve. I didn’t think that was so dramatic.”

His personal connection to the cause traces back further -- to a hip replacement his late mother had two decades ago.

“It was very painful for her and she had sunk into a depression and lost her appetite because of it,” he says. “So as I’m sitting there, trying to get my mother hungry again, I realized that marijuana[cannabis] could really have played a positive role in her recovery and happiness -- not only in getting rid of the pain but also getting her appetite back. It hit me right in the face how important it was to get rid of this stupid regulation of our lives.” (Rohrabacher said his mother never used the drug illegally.)

Currently, the Cole Memo -- issued by the Department of Justice in 2013 -- is the only assurance states with legalized medical marijuana[cannabis] have that the federal government won’t suddenly decide to prosecute them under federal law. As long as certain guidelines are met -- for instance, preventing the distribution of marijuana[cannabis] to minors and criminal enterprises -- the memo states that the federal government is less likely to consider that state’s marijuana[cannabis] business a threat.

MY ANSWER IS TO LEAVE IT UP

TO THE STATES AND NOT HAVE

THE FEDERAL GOVERNMENT

SUPERIMPOSE THIS TYPE OF PROHIBITION ON THE AMERICAN PEOPLE THAT THEY DON’T WANT.”

But many are worried about its assurance under the current administration. In February, former Press Secretary Sean Spicer suggested a strong opposition by the administration to recreational marijuana[cannabis]. (Spicer said he believed there would be “greater enforcement” against states that have legalized it. “There is still a federal law that we need to abide by,” he said.)

Rohrabacher said he has faith that President Donald Trump will keep his campaign promises to lay off both medical and recreational enforcement.

“In his campaign, the president was very clear that he believed that medical marijuana[cannabis] should be legalized and that recreational cannabis should be left up to the states,” Rohrabacher said. “He said that very clearly on a number of occasions and, more than any other president I’ve ever seen, this guy has been keeping his words about what his priorities would be.”

However, the uncertainty that many lawmakers feel may create enough traction to bring Rohrabacher’s bill to a vote. It was introduced twice before, in 2013 and 2015, and didn’t make it very far.

Rohrabacher said other things are different now. For instance, four more states (California, Nevada, Maine and Massachusetts) have voted to legalized marijuana[cannabis] since the last congressional session.

“And there’s more and more evidence that the voters are on our side of the issue,” he said. “I think that will eventually have an impact on a government that’s based on going to their constituents and asking for their vote.”

Although other Republicans agree with Rohrabacher -- a number of whom belong to the Republicans Against Marijuana[Cannabis] Prohibition alliance -- mostly high-ranking party members, oppose the marijuana[cannabis] business. It’s a moral issue to them, since it has traditionally been considered a gateway drug to cocaine, heroin and other illegal narcotics.

“First of all, I think beer is the ultimate gateway drug,” Rohrabacher said. “Second, if you’re a Republican, how can you believe in states’ rights and not permit the states to decide a criminal justice issue like this?

“This is a criminal justice issue,” he continued. “Our founding fathers didn’t want that. It’s really disheartening to see Republicans becoming the statist advocates for more and more control over the individual and more and more power for the federal government. That’s pretty depressing to someone like me, who grew up believing that’s contrary to what Republicans are supposed to be about.” C