Rand Paul Amendment Would Bar Prosecution of Medical Marijuana Patients and Their Suppliers

Last
month Sen. Rand Paul (R-Ky.), together with Sen. Cory Booker
(D-N.J.),
introduced an amendment aimed at protecting medical marijuana
users and suppliers from federal harassment. But as I noted at the
time, it is not clear to what extent the amendment, which copies
the language of a rider
approved by the House of Representatives in May, would
accomplish its goal. The problem is that it bars the Justice
Department from trying to “prevent” states from “implementing”
medical marijuana laws, which enforcing the federal ban on
marijuana does not necessarily do. An amendment that Paul
introduced yesterday seems more likely to hit the target:

FEDERALISM IN MEDICAL MARIJUANA

  (a) State Medical Marijuana Laws.–Notwithstanding
section 708 of the Controlled Substances Act (21 U.S.C.
903) or any other provision of law (including
regulations), a State may enact and implement a
law that authorizes the use, distribution,
possession, or cultivation of marijuana
for medical use.

  (b) Prohibition on Certain Prosecutions.–No
prosecution may be commenced or maintained against any
physician or patient for a violation of any
Federal law (including regulations) that
prohibits the conduct described in subsection (a)
if the State in which the violation occurred has
in effect a law described in subsection (a) before,
on, or after the date on which the violation
occurred.

As I read it, this amendment, which Paul attached to the
otherwise silly
Bring Jobs Home Act, directly bars prosecutions of patients and
suppliers who comply with state laws allowing medical use. Hence
the Justice Department could not argue that it was merely trying to
enforce the Controlled Substances Act (CSA) and that any impact on
the implementation of state law was incidental. 

Even better, however, is the language of the Respect
State Marijuana Laws Act, which simply declares that the CSA
provisions dealing with marijuana “shall not apply to any person
acting in compliance with State laws relating to the production,
possession, distribution, dispensation, administration, or delivery
of marihuana.” That bill, which was introduced by Rep. Dana
Rohrabacher (R-Calif.) in April 2013 and had 28 cosponsors
at last count, would effectively repeal federal prohibition in
states that legalize marijuana for medical or recreational
use. 

[Thanks to Tom Angell for the tip.]