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May 30, 2014

A "true political game changer" as House votes to preclude feds from going after state-legal medical marijuana?!?!?

The question and/or statement in the title of this post is my reaction to Alex Kreit's reaction here at MLP&R to the notable vote late last night in the US House of Representatives concerning an amendment to an appropriation bill.  This MSNBC story provides the context and head-count:

It had all the markings of a measure that would no one notice: an obscure amendment to a low-profile bill, receiving a vote after midnight, the same week as a national holiday. It’s hardly a recipe for generating national headlines.

But the U.S. House of Representatives nevertheless did something overnight that Congress has never done. The House passed an amendment late Thursday night to restrict the Drug Enforcement Administration from targeting medical marijuana operations in states where it is legal.

The 219-189 decision came on a bipartisan appropriations amendment spearheaded by California Republican Rep. Dana Rohrabacher and California Democrat Sam Farr. The amendment still faces several procedural hurdles before it is ratified, but this is the first time such an amendment has succeeded in the House.

The roll call on the vote is here. Note that it passed largely with Democratic support – the vast majority of Dems voted for it; a clear majority of Republicans voted against it – but the measure was backed by a bipartisan group of co-sponsors.

At issue is a routine spending bill: providing federal funding for a variety of agencies, including the Justice Department, which occasionally enforces federal drug laws by raiding marijuana facilities in states where medical pot sales are legal.  The amendment intends to block federal law enforcement from doing so in the future.

In the process, as German Lopez reported, the House acted without precedent: “The bill is the first time in history that any chamber of Congress has acted to protect medical marijuana businesses and users.”  As Lopez’s report makes clear, the practical effect of the amendment means the House now believes that if states want to implement their own medical marijuana laws, they shouldn’t have to fear interference from the FBI.

“Congress is officially pulling out of the war on medical marijuana patients and providers. Federal tax dollars will no longer be wasted arresting seriously ill medical marijuana patients and those who provide to them,” Dan Riffle, director of federal policies at the Marijuana Policy Project, said in a statement. “This is a historic vote, and it’s yet another sign that our federal government is shifting toward a more sensible marijuana policy.”

Looking ahead, it’s not yet a done deal. The same spending bill has not yet been taken up by the Senate, and we don’t yet know how the upper chamber will feel about the DEA amendment. The measure would also need President Obama’s signature.

I share Dan Riffle's perspective that this is a historic vote, but I am not sure it really is a "game changer" as much a sign of the modern drug-war times. Whatever labels are used for the vote, though, it is certainly interesting and exciting for those eager to see a move away from the status quo with respect to federal pot prohibition and the broader federal drug war.

May 30, 2014 at 09:02 AM | Permalink

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Comments

I'd still be surprised if it made it past the Senate in its current form, though (and, if it did, if a President would want to limit the office's authority in that way), but it's encouraging. Hopefully it'll pass. It seems like a good idea.

Posted by: Erik M | May 30, 2014 3:00:41 PM

nice but completely unconstitutional. If they don't want the febs going after mary jane dealers. Then remove it from the controlled list. As long as it's against federal law. Congress is as usual talking out it's ass.

of course this act by night when nobody is looking is business as usual.

it's how they got the original patriot act passed. as well as the adam wales act among many others.

Posted by: rodsmith | May 30, 2014 5:26:43 PM

Long overdue •

Posted by: Docile the Non-Violent Terrorist • 43209 | May 31, 2014 12:50:18 PM

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