WASHINGTON, D.C. – In the 2021 fiscal year budget plan released on Feb. 10, President Trump proposed to cut a policy in place that protects state medical-marijuana programs from prosecution by the Justice Department. The proposal, which seeks to eliminate states’ rights regarding cannabis purchase and use, is raising concerns among medical-marijuana users, industry professionals, and advocacy groups around the country.
Division B, Subsection 531 of the Consolidated Appropriations Act of 2020 prohibits the Justice Department from using its funds to block states from implementing their respective laws regarding the “use, distribution, possession and cultivation” of cannabis. The provision has been renewed repeatedly by Congress since 2014 and grants states the freedom to make their own laws regarding both medical and recreational marijuana, despite the fact that the drug is still illegal on a federal level.
Marijuana is currently legal in 11 states and Washington, D.C. for adult recreational use, and for medical use in 33 states. Cannabinoids – a chemical component of cannabis – can be used to reduce anxiety, ease inflammation, and slow the growth of certain cancer cells. According to Marijuana Policy Project, over three million patients use the drug to relieve chronic pain and treat mental health conditions. If passed, the elimination of the protection rider could leave those patients and the medical dispensaries that serve them susceptible to federal prosecution regardless of a state’s cannabis laws.
In a statement issued last year on Dec. 20, Trump said, “My Administration will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States.”
The National Organization for the Reform of Marijuana Laws (NORML) is a Washington, D.C.-based non-profit that advocates for the responsible adult use of marijuana. Justin Strekal, NORML Political Director, says he believes that Trump’s proposal is both a poor policy move and a hostile action against the millions of Americans who use the drug for health-related purposes.
“These [medical programs] now operating in a majority of states are serving over three million physician-qualified patients who suffer from a range of issues,” Strekal said in an interview.
“These are patients who, in consultation with their doctors, have decided on a personal healthcare treatment plan that includes the therapeutic use of cannabis. To deny a patient the certainty of their healthcare plan is downright cruel.”
The budget plan also aims to set aside an additional $5 million for the U.S. Food and Drug Administration (FDA) to advance the regulation of cannabis and cannabis derivatives, including cannabidiol products (CBD). This follows the Agriculture Improvement Act of 2018, which removed industrial hemp from the Controlled Substances Act and led to a boom in the CBD industry. The FDA intends to follow the industry with close scrutiny given that more research is necessary to confirm the compound’s medicinal benefits.
“The initiative will support regulatory activities, including developing policy, and continue to perform its existing regulatory responsibilities including review of product applications, inspections, enforcement, and targeted research,” the agency said in a summary.
The Office of National Drug Control Policy (ONDCP), which advises the president on drug-control issues, would face significant budget cuts under the proposed plan. Some of its funds would be transferred to the Drug Enforcement Administration (DEA) to “improve coordination of drug enforcement efforts among Federal, State, and local law enforcement agencies in the US.”
Additionally, the budget plan includes restrictions that would specifically prevent the District of Columbia from establishing a commercial marketplace where recreational cannabis could be bought and sold. Initiative 71, passed in 2014, legalized cannabis for medical and recreational use in D.C. Repeated opposition from Congress in the form of strict spending bills, however, has prevented D.C. from executing any regulatory framework for the sale of marijuana. This has resulted the practice of “gifting”, in which buyers purchase goods – like artwork, baked goods or a sticker – and receive marijuana as a “free gift”. The gray market that has emerged is Initiative 71-compliant but unregulated.
The National Cannabis Industry Association (NCIA) is the largest cannabis trade association in the United States. Morgan Fox, NCIA Media Relations Director, says that D.C.’s gray market is problematic. However, when it comes to the medical-marijuana market, the District is setting an example for other states to follow. When asked what makes D.C.’s medical program so successful, Fox cited the absence of a qualifying condition list, minority ownership, and operators that are “extremely good at what they do.” Additionally, the District allows out-of-state transactions, a policy that many other states do not abide by.
The 2021 budget proposal marks the third time the Trump administration has attempted to eliminate cannabis protections. The president’s 2017 and 2019 appropriations bills also disregarded the protection rider. These actions have been inconsistent with the stance he adopted during the 2016 presidential election, in which he supported leaving legalization decisions to the states. During a press briefing in Sept. 2019, he reiterated his support for state-based cannabis policies. However, in a recently leaked recording, the President claimed that he is unsure if legalization is a “good or bad thing” and believes that smoking marijuana makes users “lose IQ points.”
Congress is expected to override the president’s proposal given their history of support for the protection rider. Regardless, Trump’s contradictory stance is a concern to users and advocates, especially given the upcoming presidential election.
“Given the fact that two thirds of Americans want cannabis to be legal for adults, I think that it would be a tremendous political mistake for anyone with aspirations of higher office to promote continuing our failed prohibition policies,” Fox said in an interview. “Backing legalization is something that a person from any party can get behind and get some support points.”
Advanced Reporting Times, Spring 2020 