December 5, 2024

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House Committee Approves Spending Bill to Block DOJ from Rescheduling Marijuana, Introduces Stricter Penalties for Cannabis Sales Near Schools


A significant GOP-led House committee has advanced a large-scale spending bill aimed at blocking the Justice Department from rescheduling marijuana. The legislation also modifies a longstanding provision protecting medical cannabis states from federal interference by introducing enhanced penalties for sales near schools and parks. Additionally, an amendment to extend these protections to all state and tribal cannabis programs, including those allowing recreational use, was rejected.

The House Appropriations Committee passed the bill, which covers Commerce, Justice, Science, and Related Agencies (CJS), with these restrictive marijuana provisions. This bill would prevent the Justice Department from using its funds to reschedule or deschedule marijuana, despite ongoing efforts to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).

A Democratic-led amendment by Rep. Rosa DeLauro to remove these provisions was defeated in a 20-30 vote. Meanwhile, a separate GOP effort to block cannabis rescheduling via standalone legislation has not progressed. Including such a ban in key spending legislation forces the issue forward, but it remains uncertain if the Democratic-controlled Senate will support it.

The committee maintained a provision preventing DOJ interference in state medical marijuana programs but added new language to enforce increased penalties for distributing cannabis within 1,000 feet of schools, playgrounds, and public housing units. An amendment by Rep. Barbara Lee to prevent DOJ interference in any state or tribal cannabis programs was also defeated.

Rep. Dave Joyce, a co-chair of the Cannabis Caucus, was the only GOP member to support the amendment, arguing it would empower states to regulate cannabis safely and effectively. However, most GOP members opposed it, citing concerns about federal preemption and the need for consistent enforcement across states.

The committee also retained a rider preventing DOJ interference in state hemp research programs and directed the Forest Service and Bureau of Land Management to cooperate with other agencies to eradicate illegal cannabis grow sites on public lands.

Despite multiple marijuana-related amendments being rejected by the House Rules Committee last month, the Appropriations Committee has continued to shape cannabis policy through its spending bills.



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