The US House of Representatives has passed a spending bill that would continue Protecting state medical marijuana programs from federal interference—Rejecting a provision he previously advanced to prevent the Justice Department from rescheduling cannabis.
After bicameral negotiations on the appropriations package, the House advanced it on a 397-28 vote Thursday, sending it to the Senate for consideration.
Advocates and industry players were encouraged after the House Appropriations Committee approved last year the removal of reconsideration language from the final agreement, as well as keeping a longstanding rider that prevented the DOJ from using its funds to interfere with state medical marijuana laws.
The legislation now advancing to the Senate covers fiscal year 2026 spending for Commerce, Justice, Science and Related Agencies (CJS), Interior, Environment, and Energy and Water Development.
The move by President Donald Trump to Attorney General Pam Bondi from Schedule I to III of the Marijuana Controlled Substances Act (CSA).
Here is the language of the provision advanced by the House but left out of the final agreement:
“SEC. 607. Funds made available by this Act or otherwise made available may not be used to reschedule marijuana (as that term is defined in section 102 of the Controlled Substances Act (21 USC 802)) or to remove marijuana from the schedules established by section (802) of the Controlled Substances Act.”
GOP senators have it individually tried to block the administration from rescheduling cannabis As part of a stand-alone bill introduced in 2023, but that proposal was not heard or voted on.
Meanwhile, on Monday, the Drug Enforcement Administration (DEA) said Marijuana redistricting appeals process ‘remains pending’ Despite Trump’s executive order.
The appropriations package passed by the House also includes a pilot that has been renewed annually since 2014 to block the Justice Department from using its funds to implement state medical marijuana laws.
However, for reasons that are unclear, the rider listing every state that would be protected omits Nebraska.
Here is the text of that provision:
“SEC. 531. None of the funds made available to the Department of Justice under this Act shall be used in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Jersey, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Louisiana, Maine, Maryland, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, New Hampshire. Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or Puerto Rico, to authorize their use, distribution, or establishment of their own laws.”
Missing from the final version is an addition to that rider that the House had previously included, which would have allowed enhanced penalties for sales near schools and parks.
That provision specifically specified that the Justice Department could still enforce a section of the US Code that requires increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, university, playground or public housing.
However, a joint statement explaining the spending package also says that Congress “directs the proper enforcement of federal law, the Drug-Free School Zones Act (2 1 USC 860), to ensure that areas where young children are present, including schools and playgrounds, remain drug-free.”
This appears to be related to a Senate committee report released last year stating that the pilot to protect medical marijuana “does not expressly prevent” US attorneys from enforcing a federal statute that prohibits the sale or manufacture of controlled substances in “areas where young children are present, schools and playgrounds.”
The invoice It also maintains protections for state industrial hemp research programs under the 2014 Farm Bill:
“SEC. 530. None of the funds made available by this Act shall be used by the Department of Justice or the Drug Enforcement Administration in violation of Section 7606 (‘Legitimacy of Industrial Hemp Research’) of the Agriculture Act of 2014 (Public Law 113-79).
Advocates may welcome the exclusion of the reconsideration provision and the inclusion of medical marijuana protections in the CJS bill, but many cannabis advocates protested Trump’s signing of a separate credit measure in November. It includes provisions to ban most consumable hemp products.
However, when the president ordered marijuana reregulation last month, he also directed Congress to review that policy and ensure that people continue to have access to full-spectrum CBD products. A federal agency will also move to cover these products for certain Medicare and Medicaid patients.