Cannabis businesses in major markets throughout the U.S. are in jeopardy as a rider in the latest House appropriations bill for the Department of Justice would allow enforcement of a federal law that prohibits drug distribution or manufacturing within 1,000 feet from a school.
The House Appropriations Subcommittee for Commerce, Justice, Science, and Related Agencies approved the $76.8 billion funding legislation with that language July 15.
The House bill includes the decade-old Rohrabacher-Farr amendment that prevents the DOJ from spending funds on enforcement actions that interfere with medical marijuana laws in legalized states, territories and the District of Columbia. Before that language was added in 2014, U.S. attorneys across the country were arresting dispensary owners for violating federal laws with punishment of up to 20 years in federal prison.
This year, however, a caveat was added to allow the enforcement of violations of 21 U.S. Code 860, which prohibits illegal drugs within 1,000 feet of schools, playgrounds, universities and colleges, and public housing.
The legislation also includes a rider that would prevent the DOJ from using funds to reschedule or deschedule marijuana. The Biden Administration’s proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act has been in limbo since January. Recently, the administrative law judge assigned to the rulemaking process reportedly resigned the day after the Senate approved Terrance Cole, a cannabis opponent, as DEA administrator on July 22.
The bill had been scheduled for a markup by the full House Appropriations Committee on July 24. But the meeting was postponed as congressmembers took recess early amid the Jeffrey Epstein criminal files dust-up.
Rep. Dina Titus, D-Nev., who is a co-chair of the Congressional Cannabis Caucus, told CRB Monitor News she plans to introduce an amendment to strike the rescheduling language, and she urges the Trump Administration to continue with the rescheduling process.
“I am encouraged that the House Commerce-Science-Justice Appropriations bill passed the appropriations subcommittee containing the longstanding policy that prevents the Department of Justice from interfering with state-legal medical cannabis programs,” she said in an email. “It is disappointing, however, that Republicans included a provision to prohibit the rescheduling or descheduling of cannabis. This is contrary to President Trump’s previous support of cannabis rescheduling.”
Her email did not address the school boundary language.
Senate bill doesn’t interfere with medical cannabis
The Senate appropriations bill, however, does not include the restrictive riders on school boundaries or rescheduling. It does continue the hands-off Rohrabacher-Farr amendment. The Senate Committee on Appropriations approved the $79.7 billion funding legislation July 17.
The inclusion of the drug-free school boundary language in the House bill comes after a former nominee for U.S. attorney in D.C., Edward Martin, wrote a letter to dispensary Green Theory, requiring it to respond to a list of questions regarding its location near schools. But just before the May 15 deadline to submit answers, Trump replaced Martin’s nomination with Jeanine Pirro.
The status of this matter is unknown. Neither the media office for the U.S. Attorney’s Office or representatives of Green Theory responded to questions seeking an update.
Green Theory’s operations were opposed by some local residents, including the group 1,000 Feet. D.C.’s medical cannabis regulations have a 400-foot boundary around schools, recreation centers, day care centers, public library, or similar facility used by school-age children.
According to 1000 Feet, at least 11 major cities — including San Francisco, New York and Chicago — allow cannabis operations within 1,000 feet of a school.
Michelle Rutter Friberg, director of government relations for the National Cannabis Industry Association, said the inclusion of language allowing enforcement of the 1,000-foot restriction and prohibiting rescheduling is “certainly very concerning.” She noted that in some cities, such as New York, the 1,000-foot boundary from schools and public housing is “essentially unworkable.”
But she’s bolstered by the fact that the Senate bill does not include the language, and she’s hopeful the provisions will not make it into the final legislation. “The fact that the Senate has not included the language leads us all to believe there is not a desire to put those same restrictions in place,” she said.
She added that hopefully this is a “wake-up call” that reminds industry players that marijuana is still federally illegal and “reinforces the industry’s need to not be complacent.”
Rutter Friberg said the NCIA will be advocating through the summer recess to change the House bill’s language. “It is not a done deal. There is still time for your voices to be heard.”
