Congress’ 2017 Budget Plan Reauthorizes Protections For State Medical Cannabis Programs

Spending legislation approved in the past 24 hours by members of the US House and Senate reauthorizes language protecting state-sanctioned medical marijuana and industrial hemp programs. The President is expected to sign the budget bill into law imminently.

Specifically, Section 537 of the Consolidated Appropriations Act of 2017, states that no federal funds may be appropriated to “prevent any [state] from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana..” That language, initially passed by Congress in 2014, is now known as the Rohrabacher-Blumenauer amendment.

A similarly worded amendment protecting state-sponsored hemp programs was also reauthorized.

Both amendments will remain in effect until September 30, 2017, at which time members of Congress will once again need to either reauthorize the language or let the provisions expire.

Forty-six states now recognize the therapeutic use of either cannabis or cannabidiol derived products. Thirty states recognize hemp as an industrial crop.

Eight States regulate the adult use, production, and sale of marijuana. Non-medical, retail marijuana businesses operating in these states are not protected by these amendments and still remain vulnerable to federal interference or prosecution. In February, White House Press Secretary Sean Spicer publicly said that the administration was considering engaging in “greater enforcement” of federal anti-marijuana laws in these jurisdictions.