Congressional Lawmakers Approve Bill To Block Justice Department From Rescheduling Marijuana

A congressional committee has approved a spending bill that contains
provisions to block the Justice Department from rescheduling marijuana. The
legislation would also maintain a separate longstanding rider protecting
state medical cannabis programs from federal interference—though with new
language authorizing enhanced penalties for sales near schools and parks.

Just one day after the House Appropriations Committee released the text of
the spending measure covering Commerce, Justice, Science, and Related
Agencies (CJS), the subcommittee of jurisdiction advanced it in a 9-6 vote
on Tuesday. It next heads to full committee and then, potentially, to the
floor.

For the second time now, the base legislation—which now heads to the full
committee for consideration—contains language hostile to marijuana
rescheduling efforts that remain ongoing.

Specifically, the bill would block the Justice Department from using its
funds to reschedule or deschedule marijuana. Under the Biden
administration, DOJ recommended moving cannabis from Schedule I to Schedule
III of the Controlled Substances Act (CSA), but that process has been
delayed for months amid challenges from witnesses in the administrative
hearings.

*Here’s the text of the provision: *

“*SEC. 607.* None of the funds appropriated or other wise made available by
this Act may be used to reschedule marijuana (as such term is defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove
marijuana from the schedules established under section 202 of the
Controlled Substances Act (21 U.S.C. 812).”

The language cleared committee as part of the last CJR spending bill, but
it was not ultimately enacted into law. The new measure is scheduled for
subcommittee action on Tuesday.

GOP senators have separately tried to block the administration from
rescheduling cannabis as part of a standalone bill filed in 2023, but that
proposal did not receive a hearing or vote.

Meanwhile, the Drug Enforcement Administration (DEA) recently notified an
agency judge that the marijuana rescheduling process remains stalled under
the Trump administration.

It’s been over six months since DEA Administrative Law Judge (ALJ) John
Mulrooney temporarily paused hearings on a proposal to move cannabis to
Schedule III. And in a joint report to the judge submitted earlier this
month, DEA attorneys and rescheduling proponents said they’re still at an
impasse.

To the relief of advocates, the latest CJS bill does continue to preserve a
longstanding rider to prevent DOJ from using its funds to interfere in the
implementation of state medical marijuana programs that has been part of
federal law since 2014.

However, it stipulates that the Justice Department can still enforce a
section of U.S. code that calls for increased penalties for distributing
cannabis within 1,000 feet of an elementary school, vocational school,
college, playground or public housing unit. That language was first
included in the last version of the appropriations legislation.

*“SEC. 531.* (a) 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
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas,
Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto
Rico, to prevent any of them from implementing their own laws that
authorize the use, distribution, possession, or cultivation of medical
marijuana.

(b) Funds made available under this Act to the Department of Justice may be
used to enforce violations of 21 U.S.C. 860.”

The CJS bill also keeps intact another longstanding rider preventing DOJ
interference in state hemp research programs.

*“SEC. 530.* None of the funds made available by this Act may be used in
contravention of section 7606 (‘‘Legitimacy of Industrial Hemp Research’’)
of the Agricultural Act of 2014 (Public Law 113–79) by the Department of
Justice or the Drug Enforcement Administration.”

Meanwhile, a retired professional football player who’s since become an
advocate for marijuana policy reform met with top Trump administration
officials at the White House last week to discuss the ongoing federal
cannabis rescheduling process.

U.S. Department of Health and Human Services (HHS) Secretary Robert F.
Kennedy Jr. was previously vocal about his support for legalizing cannabis,
as well as psychedelics therapy. But during his Senate confirmation process
in February, he said that he would defer to DEA on marijuana rescheduling in
his new role.

Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed
reviewing a document that appears to be a draft contract to provide
services—including “administration-related guidance”—to a firm affiliated
with the major marijuana company Trulieve. The visible portion of the
document describes a lucrative bonus if a certain “matter resolves,” with
an “additional ‘Super Success Fee’” for other “exclusive policy remedies.”

Last month, the former congressman reiterated his own support for
rescheduling cannabis—suggesting in an interview with a Florida Republican
lawmaker that the GOP could win more of the youth vote by embracing
marijuana reform.

Gaetz also said last month that Trump’s endorsement of a Schedule III
reclassification was essentially an attempt to shore up support among young
voters rather than a sincere reflection of his personal views about
cannabis.

A survey conducted by a GOP pollster affiliated with Trump that was
released in April found that a majority of Republicans back a variety of
cannabis reforms, including rescheduling. And, notably, they’re even more
supportive of allowing states to legalize marijuana without federal
interference compared to the average voter.

Meanwhile, Trump picked former Florida Attorney General Pam Bondi (R) to
run DOJ, and the Senate confirmed that choice. During her confirmation
hearings, Bondi declined to say how she planned to navigate key marijuana
policy issues. And as state attorney general, she opposed efforts to
legalize medical cannabis.

Amid the stalled marijuana rescheduling process that’s carried over from
the last presidential administration, congressional researchers recently
reiterated that lawmakers could enact the reform themselves with “greater
speed and flexibility” if they so choose, while potentially avoiding
judicial challenges.

Meanwhile, a newly formed coalition of professional athletes and
entertainers, led by retired boxer Mike Tyson, sent a letter to Trump on
Friday—thanking him for past clemency actions while emphasizing the
opportunity he has to best former President Joe Biden by rescheduling
marijuana, expanding pardons and freeing up banking services for licensed
cannabis businesses.

The post Congressional Lawmakers Approve Bill To Block Justice Department
From Rescheduling Marijuana appeared first on Marijuana Moment.