There are two myths surrounding medical cannabis that lead to misunderstandings among patients, providers, and other stakeholders. Clearing up the myths probably wouldn’t change anything, but it would ensure that people understood the truth about medical cannabis.
The two myths are as follows:
- Medical cannabis has been legalized in more than 3-dozen states.
- Federal law enforcement is barred from prosecuting all cannabis crimes.
Dispelling these two myths is a matter of discussing what keeps the DOJ away from medical cannabis. And what is it? An appropriations rider written in 2014 and consistently renewed as needed. Take away that rider and the game changes dramatically.
What the Rider Actually Does
Congressional action in 2014 neither decriminalized cannabis nor made it legal. Instead, lawmakers attached a rider to an appropriations bill, a rider that prevented the DOJ from spending taxpayer money on investigating and prosecuting crimes related to medical cannabis.
Since investigators and prosecutors need to be paid a regular salary, what they do costs money. Barring the DOJ from spending that money on investigation and prosecution essentially tied the government’s hands. They cannot prosecute cannabis crimes even if they want to.
Medical Cannabis Isn’t Legal
While an appropriations rider prevents the federal government from prosecuting cannabis crimes, it has no impact on marijuana’s legal status. Marijuana, or cannabis if you prefer the less offensive term, is still a Schedule I controlled substance. That means it is illegal across the nation. States do not have the authority to change that.
When state lawmakers take up the idea of legalizing medical cannabis, what they are really talking about is writing legislation that decriminalizes the cultivation, processing, distribution, and consumption of cannabis. Just note that there is a significant difference between legalization and decriminalization.
Legalization implies that there are no laws preventing marijuana cultivation, processing, etc. Decriminalization recognizes that such laws exist but prohibits law enforcement from enforcing them. So just like the DOJ cannot spend money on cannabis investigations and prosecutions, law enforcement in some states cannot go after medical cannabis stakeholders.
What It Means for Medical Cannabis Patients
What does all this mean for patients? Consider medical cannabis users in Utah. A patient can visit the Zion Medicinal medical cannabis pharmacy in Cedar City and purchase cannabis vapes without worrying about either federal or state prosecution. Between the federal appropriations rider and state decriminalization, the patient can’t be touched – as long as he does not violate the rules established by state lawmakers.
That principle takes us back to one of the congressional rider’s most curious aspects: it does not completely prevent cannabis investigations and prosecutions.
Abiding by Medical Cannabis Laws
According to a recent report published on the Marijuana Moment website, the 2014 appropriations rider only covers medical cannabis. That means the DOJ could investigate and prosecute marijuana crimes related to recreational consumption. They have simply chosen not to.
In addition, a number of court cases have recognized that the language of the rider applies only when medical cannabis patients adhere to their state cannabis laws. If they interact with cannabis in any way that violates such laws, the DOJ can prosecute them. Likewise for state-licensed cultivators, processors, and distributors.
There has been some disagreement in the courts about how strict adherence to state law must be to avoid federal prosecution. Some courts hold to strict adherence while others hold to substantial adherence. Either way, they do agree that the DOJ has some latitude to prosecute medical cannabis crimes despite the original rider and its subsequent renewals over the last ten years.
