Congress' Conflicting Approach Toward Medical Marijuana

Law360, New York (January 13, 2016, 11:30 AM EST) -- Lino S. Lipinsky

Joel M. Pratt The 2,009-page Consolidated Appropriations Act of 2016 (the omnibus), which President Obama signed into law on Dec. 18, 2015, reflects Congress’ inconsistent approach to cannabis. Following the enactment of the omnibus, the use, possession, transportation and sale of medical marijuana and industrial hemp remain federal crimes, and “marihuana” still appears on Schedule I of the Controlled Substances Act.

Nonetheless, the omnibus chips away at the federal government’s ban on medical marijuana and industrial hemp through the power of the purse,...
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