The bipartisan congressional leaders released a package of spending that includes a number marijuana-related items, including bill provisions that preserve protections for medical cannabis programs in states and report language calling for the federal government study state legalization and expand access for scientists to commercially-available cannabis for research.
The House and Senate Appropriations Committees posted the legislation for Fiscal Year 2024 on Sunday. Bipartisan legislators hope to pass this package before the latest continuing funding resolution expires on Friday at midnight.
The section of the bill that covers Commerce, Justice, Science, and Related Agencies would keep a long-standing rider which prevents the Justice Department using its funding to interfere with the implementation of state medical cannabis programs. Although there have been attempts to extend those protections to adult use cannabis laws, this bicameral deal limits them to medical marijuana.
“SEC. 531. No funds provided under this Act may be used to stop any of the following states from implementing laws that allow the use, distribution or cultivation of medical cannabis: Alabama, Alaska Arizona, Arkansas California, Colorado Connecticut Delaware, Florida Georgia Hawaii Illinois Indiana Iowa Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin and Wyoming.
The report that is attached to the CJS measures contains a section in which DOJ is urged to work with the Department of the Treasury and Alcohol and Tobacco Tax and Trade Bureau and with other agencies “with relevant regulatory expertise” to evaluate “the adequacy of state marijuana regulatory frameworks including commonalities and innovative approaches to enforcement and supervision.”
“State Regulatory Frameworks.–The Agreement urges the Department to, in coordination with the Department of the Treasury and Alcohol and Tobacco Tax and Trade Bureau and other agencies that may have regulatory expertise, coordinate an assessment of the adequacy of state marijuana regulatory frameworks. This includes commonalities and innovative approaches to enforcement and supervision.”
A section of the CJS budget bill report calls for a progress update from the department on “progress towards expanded researcher access to marijuana samples and strains for scientific research about marijuana-impaired drivers.” This update must be provided to the appropriations committees in 60 days after the measure is enacted.
“Update on Required Agency Research.–Consistent with the directive contained under this heading in House Report 117-395, as adopted by Public Law 117-328, the agreement directs the Department to update the Committees on the progress toward expanded researcher access to samples and strains of marijuana for scientific research on marijuana-impaired driving. The agreement requires that the Department provide a briefing to Committees no later than 60 calendar days following the enactment and before the publication of Public Law 117-58’s report and recommendations.
The report also encourages the National Science Foundation to support research “exploring locally grown hemp as an alternative to plastic in order to reduce the reliance of the United States on Chinese plastics.”
“Reducing Dependence on Chinese Made Plastics. –The agreement encourages NSF support research exploring domestically-grown hemp as a robust alternative plastic to reduce domestic reliance on Chinese made plastics. NSF is directed to report to Committees on the best practices to facilitate the cost-efficient usage of plastic alternatives in materials produced or funded by government.”
Both the CJS measure and appropriations legislation for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies contain sections which would prevent federal interference with state hemp programs.
SEC. 530. The Department of Justice and the Drug Enforcement Administration may not use any of the funds provided by this Act in violation of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014. (Public Law 113-79)
…
SEC. 740. No funds from this Act or other Acts may be used.
span style=”font weight: 400 ;”>(1) contravening section 7606 of Agricultural Act of 2014. (7 U.S.C. 5940), subtitle D of the Agricultural Marketing Act of 1947, or section 100114 of the Agriculture Improvement Act of 2018
span style=”font weight: 400 ;”>(2) prohibiting the transportation, processing or sale of hemp or seeds of this plant that are grown or cultivated according to section 7606 of Agricultural Act of 2014, or subtitle G of Agricultural Marketing Act of 1947, in or outside of the state in which they were grown or cultivated.
It remains to be seen if the divided Congress is able to pass the spending package . What is clear, however, is that the language used to build on existing reforms has been resisted.
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While lawmakers continue to negotiate a package of spending measures, it will include Financial Services and General Government, which is the vehicle that has been used for a controversial clause that prevents Washington, D.C., from using local tax dollars for marijuana sales, despite voters approving its legalization in 2014.
The House also tried to use the FSGG to protect banks who work with state-legal cannabis businesses. The Senate is preparing to resume its work on the standalone cannabis banking legislation that passed committee in September.
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The post Congressional leaders’ bill extends state medical marijuana protections and calls for studying legalization models first appeared on Marijuana Moment.
