Budget clause shelters medical pot in Arkansas

Law also protects use in other states

The federal budget approved this week by the U.S. House and Senate prevents money from being spent to hinder Arkansas’ effort to allow patients access to medical marijuana.

The Consolidated Appropriations Act of 2017 prohibits the Department of Justice from stopping various states from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Arkansas is specifically named in the law.

David Couch, sponsor of the voter-approved Arkansas Medical Marijuana Amendment, said future patients should feel some reassurance from Congress about the change.

State officials have been working on laws and rules for growing and providing the drug. Some marijuana sales could occur before January, with production ramping up around that time, according to an estimate from the Department of Finance and Administration.

“It doesn’t legalize [marijuana] from a federal level,” Couch said of the budget law.

State officials have been working on laws and rules for growing and providing the drug.

“It just gives people who are interested in the program comfort to know the federal government is handcuffed from spending money to investigate or prosecute anyone who is in compliance with the state medical marijuana program.”

Couch said the budget restrictions are not new, but are especially important given the role that memos from the Justice Department under President Barack Obama play in governing state medical marijuana programs.

Attorney General Jeff Sessions, who was chosen by President Donald Trump to lead the Justice Department, has said he was reviewing the memos that gave states flexibility with marijuana laws.

During an April 2016 Senate drug hearing, Sessions

said, “Good people don’t smoke marijuana.”

But in February this year, he told reporters: “I am definitely not a fan of expanded use of marijuana, but states, they can pass the laws they choose. I would just say, it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.”

A few days earlier, White House spokesman Sean Spicer noted that the administration may distinguish between medical and recreational use of the drug.

“I do believe that you’ll see greater enforcement of it,” Spicer said at a news conference. “Because, again, there’s a big difference between the medical use … [and] the recreational use, which is something the Department of Justice will be further looking into.”

Provisions stopping the Justice Department from interfering in state medical marijuana programs first began appearing in 2014, according to the Washington, D.C.-based Marijuana Policy Project. They were included in the continuing appropriations packages that have funded the government since October 2016.

Now, 44 states are excluded from enforcement, plus the District of Columbia, Guam and Puerto Rico.

A total of 29 states, the District of Columbia, Guam and Puerto Rico now allow for “comprehensive public medical marijuana and cannabis programs,” according to the National Council of State Legislatures. Some other states allow limited use of marijuana products with low levels of the compound that produces a high.

As with the past measures, the Consolidated Appropriations Act of 2017 does not prohibit federal money being spent to enforce federal law in states with legalized recreational marijuana.

“It is a big deal and yes it does continue the status quo,” said Jerry Cox, president of Family Council, in an interview Friday. “I’ve been hopeful that the Trump administration and the attorney general would have a higher regard for the rule of law.”

Instead, “Congress is sending a message to Jeff Sessions that we don’t want these laws at the state level to be interfered with,” Cox said. “In a way, it’s a cowardly move on the part of Congress. Rather than having a straight-up debate over whether they want to change the federal law on marijuana — and have a real debate on it — they’ve kind of slipped around through the side and said, ‘Well, it’s a law, but we’re not going to enforce it.’”

Concerned about marijuana being against federal law, state Sen. Jason Rapert, R-Bigelow, introduced Senate Bill 238 during the Legislature’s regular session this year to delay medical marijuana implementation until it is legal under federal law.

“It’s illegal. I can’t change that. No state legislator can change that,” he said in January. “There is a willful ignorance about this that has got to stop.”

He could not be reached for comment Friday.

Gov. Asa Hutchinson, a former head of the U.S. Drug Enforcement Administration, did not support the Arkansas marijuana amendment but has said he respects the will of voters and will implement medical marijuana in Arkansas.

However, he has said that if the federal government modified its guidance, the state would need to change its plans. Earlier this year, he called on Congress to address the contradiction between state and federal laws.

J.R. Davis, a spokesman for the governor, said Hutchinson did not ask the state to be named in the budget law.

“Congress appears to be growing increasingly comfortable with states adopting their own marijuana policies,” Robert Capecchi, director of federal policies for the Marijuana Policy Project, said in a statement. “Unfortunately, spending prohibitions like these expire at the end of the fiscal year, so there is still a need for a long-term solution.”