U.S. Justice Department Says It Will Ignore Congress and Prosecute People for Medical Cannabis

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U.S. Justice Department Says It Will Ignore Congress and Prosecute People for Medical Cannabis

By Drug Policy Alliance

Congress Passed One-Year Amendment in December Prohibiting Justice Department from Undermining State Medical Marijuana Laws; Members of both Parties Sought to Stop Prosecutions and Let States Set Their Own Medical Marijuana Policies

Adoj spokesperson for the U.S. Department of Justice (DOJ) told the Los Angeles Times that a bi-partisan amendment passed by Congress last year prohibiting DOJ from spending any money to undermine state medical marijuana laws doesn’t prevent it from prosecuting people for medical marijuana or seizing their property. The statement comes as the agency continues to target people who are complying with their state medical marijuana law. This insubordination is occurring despite the fact that members of Congress in both parties were clear that their intent with the amendment was to protect medical marijuana patients and providers from federal prosecution and forfeiture.

“The Justice Department is ignoring the will of the voters, defying Congress, and breaking the law,” said Bill Piper, director of national affairs for the Drug Policy Alliance. “President Obama and Attorney General Eric Holder need to rein in this out-of-control agency.”

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Twenty-three states and the District of Columbia have laws that legalize and regulate marijuana for medicinal purposes. Twelve states have laws on the books regulating cannabidiol (CBD) oils, a non-psychotropic component of medical marijuana which some parents are utilizing to treat their children’s seizures. Four states and the District of Columbia have legalized marijuana for non-medical use.

Last May Republican Congressman Dana Rohrabacher and Democratic Congressman Sam Farr offered an amendment to a spending bill prohibiting the Justice Department from spending any money in 2015 to prevent states “from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Members of both parties took to the House floor in opposition to the prosecution of medical marijuana patients and providers and in defense of states setting their own marijuana laws without federal interference.

The Republican-controlled House passed the amendment with most Democrats and 49 Republicans approving it. The amendment was backed in the Senate by Republican Senator Rand Paul and Democratic Senator Cory Booker and made it into the final “cromnibus” bill that was signed by President Obama in December. The spending restriction applies to fiscal year 2015 spending.

The House also passed three other amendments last year letting states set their own marijuana policies, but those amendments never made it into law. Polls show roughly three-quarters of Americans support legalizing marijuana for medical use. A little more than half of voters support legalizing marijuana for non-medical use, in the same way alcohol is legal, taxed, and regulated.

Advocates say that even though the spending restriction is a good restriction, the Department of Justice’s actions show the need for changing federal law. Last month Senators Rand Paul (R-KY), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY) and Dean Heller (R-NV) introduced bipartisan legislation to legalize marijuana for medical use. The Compassionate Access, Research Expansion and Respect States – CARERS – Act is the first-ever bill in the U.S. Senate to legalize marijuana for medical use and the most comprehensive medical marijuana bill ever introduced in Congress. Rep. Steve Cohen (D-TN) and Rep. Don Young (R-AK) introduced a House version of the bill last week.

“Congress should respond to the Justice Department’s insubordination by changing federal law,” said Piper. “Patients and the people who provide them with their medicine will never be safe until states are free to set their own marijuana policy without federal interference.”


  • McArthurdw
    April 3, 2015

    So it would seem that laws are now meaningless in this country. The Justice Department, which should be renamed the Gestapo, feels that it is above the Law, and will do what ever it damn well pleases. This is the end of America. Let the Revolution Begin.

  • Alan Gammon
    April 3, 2015

    Cannabis needs to be available to ALL that can benefit from the use, however it may be. I suffer everyday because of a drunk-driver that killed me in 1991. My story is in “Disabled Magazine” if you care to read my proof. Look it up, and go to the Personal Stories, “The Night I Died Three Times”. I suffered a Grade 3 Traumatic Brain Injury in July of 1991 and a second T.B.I. in November of 1995 because of that one. Cannabis has never caused a death of an overdose and could be very helpful for anyone suffering with cancer,seizures, P.T.S.D. and SO MUCH MORE. I ask of you to PLEASE re-think this decision and make it available to all those that can benefit from the uses, however it may be. Go to Your History Books and see the information about Cannabis (aka Marijuana) for the U.S. Troops in Vietnam for their P.T.S.D. during the Vietnam War. And when voting the majority rules, and 51%ers win the vote. Most Democrats and 49 Republicans Approve.

  • Martin Guzman
    April 3, 2015

    The drug war created a monster. Overtime like with any war it becomes a business and a source for revenue. Our tax dollars are funding the very hand that is slapping us down. Using lies put in place long ago by big business to justify their actions. Lies that are so transparent everybody ignores them except for law enforcement. They have been brain washed! The federal government is addicted to war and needs counseling.

  • Smoke Prone
    April 3, 2015

    It is disappointing that people will not evolve.

  • joe
    April 4, 2015

    You have not seen anything yet wait tell Loretta Lynch becomes Attorney General It is the republicans that are on the right side of this issue not the democrats.

  • timothy yankee
    April 4, 2015

    This is rediculous. As a patient, the DCJ should not be able to prosecute against me soly for medication. No law shall be written to take away an individuals life, the libertys given to defend that life, or the ability to continue the pursuit of their happiness.

  • Jennifer419
    April 5, 2015

    Why doesn’t Obama just tell the DOJ to stop prosecuting?

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