Congress’ 2016 Canna-Legislation Agenda
Here’s a look at some of the most important marijuana legislation currently pending on Capitol Hill. By Danielle Keane
Ending Federal Marijuana Prohibition Act of 2015: U.S. Senator and Democratic presidential candidate Bernie Sanders has introduced legislation to remove marijuana from the Controlled Substances Act (CSA). The bill would eliminate all federal criminal penalties for possessing and growing the plant, and would give states the power to establish their own marijuana policies. Senator Sanders calls the present Schedule I status of cannabis under federal law “absurd,” adding: “In my view, the time is long overdue for us to remove the federal prohibition on marijuana... [S]tates should have the right to regulate marijuana the same way that state and local laws now govern the sale of alcohol and tobacco.”
House to permit states to establish their own marijuana regulatory policies free from federal interference. House Resolution 1013, sponsored by Rep. Jared Polis (D-CO), eliminates cannabis from the CSA. It also removes enforcement power from the DEA in matters concerning marijuana possession, production and sales, thus permitting state governments to regulate these activities as they see fit.
• Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act: Congressmen Ted Lieu (D-CA) and Justin Amash (R-MI) have introduced HR 3518, which would end the DEA’s Domestic Cannabis Eradication/Suppression Program. The program currently distributes funds to state and local law enforcement agencies for the purpose of locating and destroying cultivation sites.
• CARERS Act: Pending in the Senate, the Compassionate Access, Research Expansion and Respect States Act would strengthen statewide medical marijuana protections and impose various changes to federal law. The bill now has 15 cosponsors, including high-ranking Democrat Charles Schumer (NY). Identical companion legislation, HR 1538, is also pending in the House. It has 22 co-sponsors, split evenly between Democrats and Republicans. Passage of these measures would permit qualified patients, doctors and businesses to engage in state-sanctioned behavior involving the production, sale or use of medical cannabis without fear of federal prosecution. The proposals reschedule marijuana at the federal level, and remove cannabidiol (CBD) from the CSA. Additional provisions would allow financial institutions to legally provide services to medical marijuana businesses, permit VA doctors to authorize medical cannabis and remove existing federal barriers to clinical trial research.
• Rohrabacher-Farr Amendment: At the federal level, perhaps most important are the upcoming budget negotiations that will fund the government for FY 2016. Typically taking place in December, it’s these negotiations in which marijuana-related amendments are attached to the annual spending bill, and they could have an immediate effect on the government’s role in enforcing federal laws in states that have legalized marijuana for both medical and recreational use. One such amendment that was passed for both 2014 and 2015 will likely be voted on again. Sponsored by Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA), it would prevent the Justice Department from prosecuting medical marijuana patients or distributors who are in compliance with the laws of their states. Similar language prohibiting the Justice Department from undermining state-sanctioned hemp cultivation programs also passed last year and will be considered again for 2016. For an overview of state legislation in 2015, turn to page 12.
• Regulate Marijuana Like Alcohol Act: Legislation has been introduced in the
Danielle Keane is NORML’s Political Director.
12 www.freedomleaf.com
december 2015