Weekly Weed Wrap-Up: Federal Clambering & State Enforced Liability

thesouthface (34)in #weeklyweedwrapup • 6 years ago (edited)

Welcome to the first installment of our #WeeklyWeedWrapUp.

2018 is off to an eventful start in the United States Capitol after Attorney General Jeff Sessions rescinded the Cole memo earlier this month, rolling back the Obama-era Executive protections granted to operators in States with Legalized commercial industries. The move motivated a fresh surge of too little, too late support from legislators to reintroduce a handful of Marijuana Bills that had previously been unsuccessful in making it before Congress.

Members of Congress are also pathetically scrambling to amend the spending bill by writing a letter to House leadership requesting they bring back the failed McClintock-Polis Amendment. The Amendment would prohibit the use of Federal funds in preventing State authorized use, distribution, possession, or cultivation of marijuana on non-Federal lands within their respective jurisdictions.

As of January 10th a new Bill, HR 4779-The REFER Act of 2018, has garnered bi-partisan support from legislators. If successful, the bill would bar Federal expenditures in the prosecution of operators in states where marijuana has been legalized for medical or recreational purposes. Further, it would prevent the Federal Government from going after banking institutions for providing financial services to businesses involved with marijuana.

These renewed efforts come just three weeks after the majority of House Democrats voted against the Rohrabacher-Blumenauer Amendment that prohibits the U.S. Department of Justice from utilizing federal funds to prevent States from implementing laws authorizing the use, distribution, possession, or cultivation of Medical Marijuana. Dispite Democrat resistance, the Rohrabacher-Blumenauer Amendment was signed in by President Trump as part of the temporary stop-gap spending measure, but could find itself back on the chopping block as the next spending bill deadline looms on January 19th.

In a contradictory move, the President signaled his continued ramp-up of the War on Drugs by also signing H.R.2142 - INTERDICT Act into law. The bill aims to crack down on the importation of narcotics into the United States under the guise of increased enforment on foreigners smuggling opioids, and fentanyl. It's main focus is the implementation of more stringent screening practices for mail, and express consignment carriers that will undoubtedly also effect American citizens who elect not to comply with unconstitutional Prohibition laws.

Meanwhile in California, the Bureau of Cannabis Control gave its one year Notice on January 9th regarding the repeal of Health and Safety Code Section 11362.775 of the Medical Marijuana Program, which would remove the State legal defense protections currently in place for Marijuana Patient Collectives and Cooperatives. The move is meant curtail the existing Non-profit Medicinal System, and compel small-time marijuana patients into the commercial tax scheme devised by the State.

The Annoucment shows a complete disregard for the saftey of Medical Marijuana Patients in California at the behest of their Bureau of Cannabis Control. Absent the Cole memo, and in the country's current legislative climate, there is no Federal protection for operators participating in the California's Recreational Marijuana Industry. Patients who otherwise could have sought refuge in State Medicinal Marijuana Programs under the continued protection granted by the Rohrabacher-Blumenauer Amendment, will become increasingly exposed to Federal enforcement, and the risk of prosecution as they are forced into the recreational market by California Buracrats.

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