“Congressional attention has been diverted to adult-use legalization as well as the chaotic market for hemp-derived Cannabinoids, leaving behind medical cannabis users.”
Steph Sherer is the American for Safe Access spokesperson
Millions of medical cannabis patients and other stakeholders are now facing new threats after a decade long “ceasefire”, secured by annual appropriations laws. The budget plan for FY 2026 by President Donald Trump reveals the vulnerability of patients’ protections, but also Congress’ failure to keep its promises to medical cannabis users.
The proposal omits critical spending restrictions on the Department of Justice (DOJ) and Drug Enforcement Administration (DEA)—protections that have, since 2014, prevented federal interference in state medical cannabis programs. Without these safeguards, hard-won protections established by the Commerce, Justice, Science, and Related Agencies (CJS) Appropriations Amendment—commonly referred to as the Rohrabacher–Farr Amendment—would be dismantled.
This amendment has been in effect since its adoption. shielded The federal government will not prosecute, arrest or harass cannabis business owners, patients, caregivers and state regulators. This was never meant to be permanent, but a temporary solution while Congress crafted a national policy on medical cannabis. Sadly, this progress is stagnant. Congressional attention is now focused on adult-use marijuana legalization, and the chaotic cannabinoid hemp market. Medical cannabis users are left behind.
In 2016, Sen. Barbara Mikulski, D-MD, chairperson of the Senate Appropriations Committee, was responsible for making sure that medical cannabis protections were included in the Budget Bill 2015 signed by President Barack Obama. She summarized the mood of that period:
Congress, in recent sessions has abandoned significant efforts to move medical cannabis legislation forward. It has instead prioritized bills driven by the cannabis industry, such as banking reforms and broad legalization, which are neither immediately viable politically nor adequate to meet patient needs. Businesses that serve patients could access banking if medical cannabis was federally recognized.
The conversation around legalizing cannabis for adult use should be continued, but it does not replace the need to create a federal program that is comprehensive and separate.
According to a 2021 JAMA Network Open study, medical cannabis laws are associated with a 23 percent reduction in opioid overdose deaths. This is just one example of how these programs improve health outcomes and save lives. According to a 2021 JAMA Network Open study, medical cannabis laws are associated with a 23 percent reduction in opioid overdose deaths—just one example of how these programs improve health outcomes and save lives.
Medical cannabis programs are at risk without the CJS Amendment or federal comprehensive legislation.
While the Medical Marijuana and Cannabidiol Research Expansion Act of 2022 protects medical professionals from criminalization, patients, caregivers and other providers will face new threats. This amendment’s removal signals an alarming shift in federal policy away from compassion.
Be clear: the goal of the medical marijuana movement isn’t adult-use cannabis. Cannabis therapies that are consistent, measurable and under medical supervision cannot be met by recreational markets. These markets have failed to provide adequate prices, products or patient protections.
In the 1970s, federal efforts to safeguard medical cannabis access began. Stewart McKinney and Newt Ginsberg (both Republicans from Georgia) were among the lawmakers who introduced compassionate access legislation in 1980. But these efforts were stymied by the new drug war.
George H.W. Bush shut down the federal Compassionate Investigational New Drug (IND) program, which had allowed a small number of patients—including glaucoma patient Robert Randall, the first to receive federally supplied cannabis—to access medical cannabis legally. The program’s termination left many patients without a place to turn. This prompted a grass-roots movement for state medical marijuana laws.
We are still operating in a patchwork state of protections, even after three decades. Federal employees, military personnel on active duty, patients living in federal housing and people in federally-regulated health care settings cannot use cannabis. Traveling with medical cannabis or moving for treatment is still a risky proposition for many. Patients who are on Medicare, the Veterans Health Administration, or other government healthcare programs cannot use cannabis medicines.
Patients’ advocates laid the foundation for federal permanent action during the “ceasefire”. They have removed many barriers to reform in the absence of comprehensive leadership from Congress. The group has championed regulatory changes that will enable U.S. based research. It also debunked the “gateway drugs” myth, which is long discredited. And it established safety protocols for marijuana intended for human consumption.
The advocates helped create a market that could test for cannabinoids, contaminants and other substances. They also supported the redistribution of cannabis in accordance with United Nations Treaties. And they worked closely with FDA in order to prove cannabis’ “accepted use as a medical treatment in the United States”.
The most important thing is that they have secured legal access for over six million Americans via state-based frameworks in forty states, four U.S. Territories, and the District of Columbia.
The groundwork has been laid—now Congress must act.
Americans for Safe Access, or ASA for short, has advocated for Americans for Safe Access for many years. permanent reform The bill would also reclassify marijuana under the new Schedule VI and create an Office of Medical Cannabis and Cannabinoid Control in the Department of Health and Human Services. It will establish a separate regulatory structure from alcohol, cigarettes, and conventional pharmaceuticals. Patients deserve more than workarounds—they deserve a healthcare system that can address their medical needs.
A crucial opportunity awaits the upcoming markup in July of the FY 2026 CJS appropriations bill. Congress needs to restore the CJS and renew its commitment to a patient-centered, permanent federal program. Patients shouldn’t be forced to fight for protections every year.
The history of the U.S. shows that medical cannabis and adult marijuana use are incompatible.
The time has come for Congress to go beyond the temporary and implement a federal reform which will allow medical cannabis in our health systems. Please. join us In letting Congress that this is an important issue.
Watch this virtual townhall to learn more about the current and past fights for safe access:
Steph Sherer, the founding and executive director for Americans for Safe Access and chairperson of SafeAccess4All.org is Steph. ASA has over 150,000 members in all 50 US states, including patients, medical marijuana providers, physicians, scientists, concerned citizens, and medical professionals.
The Cannabis And Hemp Industries Need To Act Like Movements—Not Markets—To Score Political Wins (Op-Ed)
MEDCAN24 could not exist without readers’ support. Consider a Patreon subscription if our marijuana advocacy journalism is what you use to keep informed.
