Cannabis Blog

Rohrabacher-Blumenauer Amendment Blocked By The House

September 7, 2017

Yesterday, against all expectations, the House blocked voting on the Rohrabacher-Farr, now Rohrabacher-Blumenauer, amendment along with two other cannabis related amendments. Rohrabacher-Farr had previously provided protection to states with legalized medical marijuana by preventing tax dollars from being deployed to the Department of Justice for cannabis enforcement purposes. These protections have been in place since 2014 and the failure to vote to renew this amendment may be a predictor of challenging times ahead.

While there is still a chance that these protections may be included in the longer term funding bill, this is clearly a significant setback for the cannabis industry, medical clinics and medical patients. Rohrabacher-Farr (Blumenauer) has previously been cited by Courts as a mechanism to halt criminal cases as well as ensuring that funding is diverted away from the DEA for cannabis enforcement.

Both Congressman Rohrabacher and Congressman Blumenauer, along with other allies, have put out written responses expressing their extreme disappointment and promising to continue the fight. They have pledged to work hard to find another home for this amendment; specifically in the broader funding bill that will be moved later this year.

It is impossible to make predictions as to what will come now that these protections have lapsed. Certainly there is a strong possibility, under the current administration and Department of Justice, of a return to much more serious law enforcement involvement in the days ahead. Additionally, this does not bode well for seeing any forward progress on necessary changes such as banking and 280E reform. However, we are very thankful to have such strong and staunch supporters and advocates in Congress as the fight to end prohibition continues.

*The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Greenspoon Marder, P.A., In New York, Greenspoon Marder, P.A. practices under the name Greenspoon Marder, P.A. P.C. In California, Greenspoon Marder LLP practices using the fictitious name and trademark Greenspoon Marder under license from Greenspoon Marder, P.A., or the individual author(s), nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

Cynthia Howard Chief Marketing Officer (720) 370-1182
[email protected]