Can the Trump administration, or any administration, declare people guilty and treat them as criminals, absent the transparent legal processes we all understand as fundamental?

By Kyle Jaeger, Marijuana Moment

A GOP-controlled House committee has approved a spending bill that contains provisions to block the Justice Department from rescheduling marijuana.

The legislation would also maintain a separate longstanding rider protecting state medical cannabis programs from federal interference—though with new language authorizing enhanced penalties for sales near schools and parks.

marijuana plants in front of an American flag

On Wednesday, the House Appropriations Committee passed the spending measure covering Commerce, Justice, Science, and Related Agencies (CJS). This marks the second time the panel’s base legislation contained language hostile to marijuana rescheduling efforts that remain ongoing.

Specifically, the bill would block the Justice Department from using its funds to reschedule or deschedule marijuana. Under the Biden administration, DOJ recommended moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), but that process has been delayed for months amid challenges from witnesses in now-stalled administrative hearings.

Here’s the text of the provision: 

SEC. 607. None of the funds appropriated or other wise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).”

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