Congress Schedule III News: Appropriations & New Amendments to Federal Marijuana Laws

Ever wondered how the latest Congressional maneuvers could impact the future of cannabis legalization? This episode unpacks the recent actions during the appropriations season, where Republicans have introduced new budget sections aimed at blocking funding for rescheduling marijuana. We analyze the implications of these proposals on medical marijuana programs and discuss the Robacher-Farr amendment, which shields state laws from federal interference. It's a deep dive into the glaring contradictions in the conservative stance on states' rights and how these legislative moves could influence medical marijuana dispensaries near schools and colleges.

Join us as we tackle the intense politicization of cannabis, highlighting the significant changes in the Agricultural Committee's 2024 Farm Bill, including a potential ban on quantifiable THC amounts. We also scrutinize Governor Ron DeSantis' veto of the hemp ban in Florida, exploring the political undercurrents, including a substantial donation from a hemp grower that may have tipped the scales. This episode underscores the critical role of public advocacy, urging listeners to voice their opinions to the DEA for cannabis legalization. We also highlight recent Supreme Court decisions that reshape presidential powers and the Controlled Substances Act, providing a comprehensive view of the evolving landscape of cannabis legislation.

Chapters

• 0:00 Recent Developments in Cannabis Legalization
• 8:50 Political Interference in Cannabis Legalization

Transcript

Speaker 1: 0:00

What's up legalizers? It's Tom the cannabis lawyer that you can find right here live on Sundays and in episodes like this we want to talk about some new trend in cannabis legalization news. That has to do with what Congress is doing with their budget. It's appropriation season and if you're a member or a subscriber of the channel, you've heard me and Miggy talk about how the legislative process works quite a lot, and this has something to do with that. We're going to dive into it. We see Republicans in Congress trying to rein in several aspects of the cannabis plant hemp and also marijuana so let's dive in. Here we are on the appropriations website.

Speaker 1: 0:48

This was a hearing that happened in committee just this week here on July the 9th, and then, of course, they create records and then they publish them for all of us to see, so that we can participate in this little thing we call democracy. We still think are a democracy. One of the things that they've done in this committee and this committee is commerce, justice and science and interior, environment and water development, and so the Justice Department has a committee for funding it. They had this hearing. They've added new sections to the budget, two in particular. One is an OG of cannabis law, the Robacher-Farr amendment, as it's traditionally known. That's not necessarily what it is on an annualized basis, because, as it is a section in the budget, it needs to be negotiated and renewed on an annual basis. Let's go to its markup and then discuss the things that have been passed by this committee. So now the committee has passed it, it's moving toward becoming law. After it gets out of committee, eventually it can get to the floor.

Speaker 1: 2:01

And then the Democrats in this committee were not successful at having this new ban on spending government money on rescheduling cannabis to Schedule 3, which, of course, the Department of Justice and the Attorney General and the DEA all in the same administrative area of the government have the ability to spend that money on moving it to Schedule 3, this new section. That may become law in the next budget year, which starts on October 1st. So it never really gets done, though by the time the budget expires they have what they call continuing resolutions and eventually the budget will probably get passed. It may be after January 20th, we don't know. I highly doubt they'll shut the government down, but they have before. Okay, let's go to these new sections that they've added and discuss how the prohibition against encroaching on states' rights has started to get a little wonky and shown the Republicans' hypocrisy.

Speaker 1: 3:11

Okay, and so here we are. This is the one from June 24th that they put forward and then they just passed on July, the 9th. This is what the budget is going forward for the Department of Justice. They say right here in Section 623, none of the funds appropriated or otherwise made available by this Act may be used to reschedule marijuana, as such term is defined in Section 102 of the Controlled Substances Act, and then they cite it. Or to remove marijuana from the schedules established under Section 202 of the Controlled Substances Act, and then they cite it. Or to remove marijuana from the schedules established under Section 202 of the Controlled Substances Act, and then they cite it. They are trying to use the Robacher-Farr's defunding of the Department of Justice and weaponize it not to allow the states to act as the laboratories of democracy. And it's kind of hilarious. This is coming from the purportedly states' rights conservatives. You know, states' rights conservatives, it's just code for like racist policies, it seems, because when it comes to like certain female rights or when it comes to marijuana rights, then and this was in the record, that is, in the markups and the votes they took on July the 9th. You can listen to it if you really want. The Republicans were very upset that it's this hodgepodge of states not enforcing federal law oh go figure. However, only one Republican spoke out against this to allow the states to have the ability to enact their own medical marijuana programs.

Speaker 1: 4:50

The next section that we need to examine it's 531. This Section 531, is the standardly known as Rebucker Fire Amendment that defunds the Department of Justice from enforcing the marijuana laws against states that have voted for and legalized medical marijuana. Schedule III marijuana voted for and legalized medical marijuana. Schedule 3 marijuana also federally legal medical marijuana kind of moots the need for Section 531, but the rulemaking process isn't done yet, and so you can kind of see that the Republicans that have power over this process and this is before the election, imagine after Project 2025. Holy crap. That is something that we need to look at.

Speaker 1: 5:37

But first back to Section 531. It says none of the funds made available under this act to the Department of Justice may be used with respect to any of the states of, and then it lists all 38 states, including the District of Columbia, and also Guam, the Virgin Islands, puerto Rico, the Northern Mariana Islands as well. So it's many areas of the United States that count as states that have passed medical marijuana laws to prevent any of them from implementing their own laws that authorize the use, distribution, possession or cultivation of medical marijuana. Here's the new part Stub B Funds under this act to the Department of Justice may be used to enforce violations of. And then they cite 21 USC 860. And you might be going well, what is 21 US? Is 21 USC 860? That's pretty easy to find out. You just search for it and then you'll find it.

Speaker 1: 6:40

Out of all of these, I'm going to go to the government site. Even though the other two are probably pretty good, I immediately regret going to the government site. Let's go to this one. And so it's distribution or manufacturing in or near schools and colleges. Now you're not going to be able to have a medical marijuana dispensary within so many feet of schools and colleges, which I kind of find funny, because right now, miggy and I are in tune in on Sunday to learn more about where we are getting our dispensary open. We have the same types of setbacks set by municipalities, that we can't be so close to schools or daycare centers or other sensitive areas where the population just doesn't want cannabis dispensary. Maybe a bar or a liquor store, but not a cannabis dispensary.

Speaker 1: 7:33

This isn't the first time, by the way, that this has been used to have the appropriations. Mary Miller in the United States Congress she's a Republican out of Illinois he added this amendment to the definition of hemp in the Farm Bill, which may not get passed, but the budget must get passed every year. So these Republicans are using the budget and the appropriations to change the texts and the words of other laws somewhere else. Here they did a whole lot of just complete destruction of the cannabinoid hemp industry by creating like an exception for THCA or for total THC or for Delta 8,. Any of those would be banned. So much so that you know, on the same date, the Congressional Research Service and we frequently discuss what's going on at the Congressional Research Service on the podcast live on Sundays and if you're a member of this channel you will get your name in the credits. If you are a subscriber, thank you. It only takes a second to subscribe and then you can tune in and stay abreast of cannabis legalization news.

Speaker 1: 8:50

One day we may actually legalize it, hopefully soon we'll medically legalize it, at least nationwide, when it is moved to Schedule 3, and then there's more stuff to come. Here is the Agricultural Committee's 2024 Farm Bill, where they've changed it, and now the subcommittee on FY 2025, which, of course, is starting in October of 2024, because that's when they do the budget year. They have taken the same text and put it into the budget so they would also ban quantifiable amounts of total THC, including THCA, and they've defined total THC I believe, to be only naturally occurring, non-synthetic, so it kind of takes care of the Delta-8 stuff as well. We'll see how this all plays out, but the thing that you need to remember is this is just a politicization of the cannabis plant and just the hemp aspects of the cannabis plant. I mean, we've done stuff about how Florida maybe politicized Ron DeSantis' veto of the hemp ban to help not get candidates legalized, and then this week as well, ron DeSantis has out of the Orlando Sentinel on July 11th of 2024, it turns out that the person, apuca-based hemp grower and CBD owner, patrick O'Brien, donated $100,000 to the governor's Freedom Fund on June 25th. According to campaign records, desantis of course vetoed the hemp bill on June 7th after dropping hints that he would do so. So in this instance, it's another example of politicizing the cannabis plant for political gain, and it has nothing to do with what you think about the cannabis plant, because they don't care about you.

Speaker 1: 10:51

But we do and we will continue to fight for legalizing it. You have 11 more days to file your public comment to the DEA and we encourage you to do so. Tell them that now, because Biden is a king, according to the most recent decisions of the Supreme Court regarding presidential immunity, that he should completely deschedule it. I don't agree with that. I think he still has to follow the CSA. You schedule it. I don't agree with that. I think you still have to follow the CSA. But well-settled law changes all the time in the United States and you're helping make that happen by continuing to advocate for legalizing it. See you on Sundays, live and on here from time to time.