The key congressional committee will take up this week a budget bill which includes a document directing the federal agencies on how to “adequately” regulate marijuana at state levels.
The House Appropriations Committee, covering Financial Service and General Governments (FSGG), will be marking up the legislation on Wednesday.
In the underlying legislation, there are long-standing provisions that prevent Washington, D.C., from using tax money to legalize marijuana sales. A report attached to the bill acknowledges that legalization needs to be studied at state-level.
In the report, it states: “The Committee observes that there are now over 20 States or territories which allow adult cannabis use. Over 35 States also permit medicinal cannabis use.”
To achieve this, the bill directs agencies such as the Alcohol and Tobacco Tax and Trade Bureau and others with “relevant regulatory experience” to “coordinate the assessment of the state’s marijuana regulatory frameworks including any commonalities and new approaches for enforcement and oversight”.
In one year from the date of the law, agencies will have to prepare an evaluation that contains “recommendations on how to enhance data-sharing and coordination between state and federal authorities”. They must then inform the committee about the findings.
“Cannabis Regulatory Framework.—The Committee notes that over 20 States and territories now permit the use of adult use cannabis, while over 35 States and territories permit the use of cannabis for medicinal purposes. The Committee requests that TTB, in conjunction with the Department and any other relevant agencies who may possess regulatory expertise, coordinate a comprehensive assessment of state marijuana regulations, including the commonalities, as well novel approaches for enforcement and oversight. The assessment must include recommendations on how to better coordinate and share data between Federal and State authorities. Within one year after the enactment, the Department must provide the Committee with a report on the results of the assessment.
This language is similar to what was used in the reports that were attached to the appropriations bill for FSGG and Commerce, Justice, Science, and Related Agencies last year.
The cannabis research mandate that TTB has adopted is in a way similar to a separate bill introduced by Dave Joyce, co-chairman of the Congressional Cannabis Caucus and chairman of the House FSGG Appropriations Subcommittee, in April.
This legislation lays the foundation for the federal legalization of marijuana, by directing that the Attorney General create a Commission to make recommendations for a cannabis regulatory system.
The current FSGG bill, meanwhile, includes a two-part section barring D.C. from using local tax dollars to implement a system of regulated cannabis sales—despite the fact that voters in the District approved a legalization initiative at the ballot in 2014.
While local lawmakers have found ways to work around that policy to some extent by significantly expanding access to an existing medical marijuana program, advocates view the rider—championed by prohibitionist Rep. Andy Harris (R-MD)—as a troubling infringement on D.C.’s autonomy.
“SEC. 830. The Federal Funds contained in the Act cannot be used for the enactment or implementation of any laws, rules, or regulations to reduce or legalize the penalties that are associated with possession, use or distribution of Schedule I substances under the Controlled Substances Act. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) Funds available under authority to be spent or obligated by the District of Columbia Government may not be used for the enactment of laws, rules or regulations that would legalize, reduce, or remove penalties associated with possession, use, and distribution of Schedule I substances as defined in the Controlled Substances Act (2 U.S.C. 801 et. seq.). or any tetrahydrocannabinols derivative for recreational purposes.”
White House called District of Columbia’s local reform of marijuana laws an “ineffective” policy which “opened the doors to disorder”.
The Harris Rider, which prevents marijuana sales in D.C. was also included in the budget proposal of former President Joe Biden during his tenure in office.
On Tuesday, LaborH, a subcommittee of the House Appropriations Committee for Labor, Health and Human Services, Education, and Related Agencies, is expected to vote on an independent spending bill. This separate bill contains a clause that prevents agencies concerned from promoting the legalization Schedule I drugs, such as cannabis.
This section includes a clause that says that it “shall apply only when significant medical evidence exists that a drug or another substance has a therapeutic value or if federally funded clinical trials are conducted in order to assess therapeutic advantage.”
“SEC. 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.
“(b) This limitation shall not be applicable when significant medical evidence exists that the drug, or substance in question is therapeutically beneficial or when federally-sponsored clinical trials are conducted to establish therapeutic benefit.”
LaborH also includes a clause that limits the use of federal funding for harm reduction initiatives, such as syringe-exchange programs and sites where illegal drugs can be consumed safely.
“SEC. 525. The funds provided in this Act cannot be used for the purchasing of sterile syringes or needles for injections with illegal drugs. This limitation applies only if, after consultation with the Centers for Disease Control and Prevention (CDC), the state or local department determines the likelihood of an HIV or hepatitis outbreak in that jurisdiction. 812).”
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Other news on drug policy in Congress: A GOP Senator recently blocked a proposal to ban hemp THC-based products, which was part of another important spending bill. The industry won a major victory amid the contentious debates surrounding intoxicating cannabinoids. However, the prohibition was also included in the House-approved version.
Bipartisan congressional lawmakers have also teamed up on another psychedelics amendment to appropriations legislation—this time seeking to give the Department of Defense (DOD) another $10 million to support clinical trials into the therapeutic potential of substances such as ibogaine and psilocybin.
The House Commerce, Justice, Science, and Related Agencies appropriation (CJS), meanwhile, contains provisions that prevent the Justice Department from redesiduling marijuana.
The legislation would also maintain a separate longstanding rider protecting state medical cannabis programs from federal interference—though with language authorizing enhanced penalties for sales near schools and parks.
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