The new budget act contains a rather strong law regarding the legalization of cannabis, as well as another rather remarkable decision by the DOJ to legalize the production of cannabis on Indian reservations. The walls are starting to crumble in terms of prohibition of cannabis. While some may feel that this is a trivial issue only relevant to "stoners," I have felt for years that the war on drugs is the preeminent civil liberties issue in the US, and the aggressive "broken windows" policing that has led to recent deaths of unarmed African Americans can be attributed to the destruction of the Fourth Amendment that was required to continue with the so-called war.
I am not a lawyer and any misrepresentations by me should be treated as a layman's analysis that is open for technical correction.
The new budget has included several laws that were formulated a number of months ago, passed by the House, but now passed by the full Congress.
1. AMENDMENT TO H.R. 4660, AS REPORTED (CJS APPROPRIATIONS) OFFERED BY MR. ROHRABACHER OF CALIFORNIA
At the end of the bill (before the short title), insert the following:
SEC. ll. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.
An immediate result of this is the federal trial of the “Kettle Falls 5″ has been postponed from Dec 5 to sometimes in late February.
http://www.kettlefallsfive.com/.... I know this postponement took place a few days before the law was passed, but the whole trial may be rendered moot as it may be illegal for the prosecutor to continue to commit resources to the case.
The Kettle Falls 5 were visited at their home and informed by the Stevens County Sheriff’s Officers that they needed to destroy 25 marijuana plants to stay within the bounds of Washington state law. A few days later they were visited by the DEA. Although the Obama DOJ put the prosecution of state legal medical cannabis as a low priority, the directive was ignored by U.S. Attorney Mike Ormsby. They face virtual life sentences. There is now a new trial judge, who has moved the trial date to Feb. 23. Ironically there are thousands of plants being raised legally in state approved operations within miles of their farm. The original judge gave instructions that the state legal status could not be introduced into the trial, but now he has been replaces, so who knows. I wouldn't try to find 12 people to give a conviction in this travesty of justice, but again, who knows.
2. Congressman Andy Harris has added legislation to block the implementation of ballot measure 71 approved by 70% of the voters in Washington DC. http://ballotpedia.org/... whether there is a "workaround" available to the District is now an open issue. However, I believe that limited possession is now legal, so that arrests will stop. The ballotpedia link provides excellent analysis but there is nothing definitive regarding the how Measure 71 is affected. Harris stands by the belief that cannabis hurts children, cause brain damage, is a gateway drug etc. He appears a total idiot from another decade with his tone deaf overturning of a such a popular ballot measure and it is contradictory to the Republican meme of Federalism (I know, I know).
Breaking From Weed Blog: The law may be allowed to stand due to careless wording. http://www.theweedblog.com/...
3. The DOJ has now said that Indian reservations may now produce cannabis.
In a memorandum released Thursday, the Justice Department announced it will instruct all U.S. attorneys to NOT prevent Native American tribes from cultivating or selling marijuana on reservation lands in spite of any state laws that may be in place. The law of the land will be left up to each individual tribe, with federal law enforcement officials available to continue prosecuting "marijuana crimes" if the tribes so wish.
This is a rather shocking event. I mean, why now? How this will affect state-legal operations and state revenues from cannabis sales is unknown, to me anyway. This may also open the door to a vibrant hemp industry on the rez, which has been tried before as was allegedly legal, but was stopped by the Feds anyway.
http://www.globalhemp.com/....
4. Constitutionality of Schedule I status for cannabis.
Judge Kimberly Mueller announced an end to five days of federal evidentiary hearings on the constitutionality of cannabis’ Schedule I status, requesting extensive briefings from the parties which realistically could delay her ruling by two months or more.
A rather humorous rundown of the hearing at
http://theleafonline.com/... for those who feel that prohibition is driven by absurdity and hypocrisy.
I have heard she will rule in February. What the ramifications are if she rules that cannabis should be removed from Schedule I is unknown to me. I believe this ruling is limited in scope and is of course subject to appeal. I don't know. But if cannabis is removed from Schedule I, prohibition will fall. I have long surmised that having a federal judge decide this issue is the perfect solution to politicians who are absolutely petrified to take on legalization - from Obama on down to Governors Hickenlooper and Maggie Hassan to our wonderful DNC Chair Debbie Wasserman Schultz, who was one of 22 Dems to vote against the restrictions on the DEA I mentioned above.