Most of us in the medical cannabis industry take for granted the protections against prosecution afforded by the 2004 Rohrabacher-Farr Amendment to the Federal Budget to Attorney General Jeff Sessions. These legal protections have been both wise and valuable, but presume an honest Attorney General will abide by both the intent, as well as the letter of the law.
One possible clue as to AG Sessions’ intent regarding medical cannabis was revealed in a letter he wrote on May 1 to the leaders of both chambers of Congress. In it, he requested that the protections offered under Rohrabacher-Farr come to an end. Fortunately, for the cannabis industry, Congress has since ignored his request.
When President Trump signed the 2017 Appropriations Act into law just 4 days later, he said upon encountering the Rohrabacher-Farr language in the bill, “I will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed.” Most policy analysts agree it’s likely the President feels he has a legal duty to uphold Federal Law which bans cannabis use and possession for most any reason, including State-legal marijuana…