Carrollton, TX / ACCESSWIRE / December 19, 2014 / Tucked away in the Omnibus Spending Bill passed last week by congress were two "riders" offering very different insights into where the political climate in Washington, D.C. is headed on marijuana legalization and decriminalization issues as well as federal regulatory and enforcement agencies acceptance of state enacted initiatives, rules and regulations already in place in states with thriving medical marijuana industries. As with many federal rules and regulations, the devil is in the details. For Medical Marijuana Businesses in states with presently established medical-marijuana regulations the news was historic. For the District of Columbia, who recently passed a ballot initiative decriminalizing adult consumption, cultivation and sharing of cannabis, the news was disheartening but the specific language of the "rider" included in the bill may give hope to medical marijuana and decriminalization advocates. A Closer look at these two "riders" show that the momentum is still strongly in the corner of cannabis advocates but that political involvement and attention to detail is key in keeping that momentum going.
- The Good: Provision introduced by Rep. Dana Rohrabacher (R-California ).
This Provision which was included and passed with the omnibus spending bill, bars the Justice Department from spending money to "prevent" states or the District of Columbia from "implementing" laws allowing medical use of cannabis. This for instance would block the Justice Department from interfering with state-level medical marijuana measures already in existence and prohibits the Drug Enforcement Agency and its agents from interfering with industrial hemp production. This is the first time Congress has approved nationally significant legislation backed by legalization advocates. The President has the power to establish the enforcement priorities of the Justice Department, and as a matter of policy has for the most part allowed limited interference in state-regulated medical marijuana industries. However, this "rider" actually codifies this policy stance into law. In practice, this means a possible end to DEA raids on medical marijuana facilities. And the effects could be substantial, especially in California where federal raids have been fairly common.
- The Bad: "Rider" seeking to ban and effectively overturn Washington D.C.'s Initiative 71
This rider appears to overturns the will of the citizens of the District who voted in favor of the initiative by an overwhelming 70%. However, unlike states such as California, Oregon, and Washington whose state legislatures, governors and city councils control the use of state funds to implement rules and regulations needed to legalize and regulate medical marijuana, the District of Columbia's purse strings are controlled by Congress. While Initiative 71 represents the voter's acceptance and support of legalization and regulation, Congress through the "rider" passed in the spending bill exercised its constitutional control over how the District can spend its money, banning use of any City funds to legalize drugs banned under federal law. This money is necessary to enact legislation and create rules so that D.C.'s medical marijuana industry can be regulated and legalize the adult consumption of cannabis.
- The Future: Legal interpretation and D.C. City Council Steps. Oregon's thriving Patient Base.
- There is still some legal parsing of the "riders" language that leaves hope that parts of Initiative 71 will remain in place. The language "..none of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance." is open to interpretation as to what effect it will have in its application. House Appropriations Committee Chairman Hal Rogers (R-Ky.) claims that the spending restriction "prohibits both federal and local funds from being used to implement a referendum legalizing recreational marijuana use in the District." The D.C. ballot measure legalizing marijuana possession, home cultivation, and sharing, was enacted when it was approved in November and would not require any new funds to be used, effectively nullifying the ban because it requires no further legislation. Initiative 71 will not take effect until it survives congressional review, at that point, Congress has 30 legislative days to pass a joint resolution rejecting the initiative and if it does not the initiative passed by voters will become the default law. The consequences of this "rider" will be playing out in the months to come, but the initial disappointment for cannabis advocates may be tempered by the results of the legal meaning and interpretation of the ban.
- Through its recent purchase of two fully licensed medical marijuana dispensaries in the Oregon Area, Med-Cannabis Pharma, Inc. (OTC/BB: MCPI), a Nevada company specializing in medical cannabis retail distribution is in a prime position to serve a thriving patient base. Oregon ranks 3rd in the nation in medical marijuana patient density with 17.9 patients per 1,000 residents. By moving into the Oregon market, with a high patient density, Med-Cannabis Pharma, Inc. has entered a more welcoming state political atmosphere for business development. With a Higher portion of the population being medical marijuana patients, there are more citizens who have a personal stake in being involved in shaping the industries rules and regulations through participating in their state and local legislative process. In the future, The recent good news codifying medical marijuana states and businesses' protections from the Justice Department may give investors in the industry a concrete feeling of stability and confidence in their investments in states with an existing marketplace, and expanding into these more receptive patient rich states such as Oregon will be key in establishing strong political relationships and business growth for the company.
Forward Looking Statements
This Press Release includes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Act of 1934. A statement containing words such as "anticipate," "seek," intend," "believe," "estimate," "expect," "project," "plan," or similar phrases may be deemed "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Some or all of the events or results anticipated by these forward-looking statements may not occur. Factors that could cause or contribute to such differences include the future U.S. and global economies, the impact of competition, and the Company's reliance on existing regulations regarding the use and development of cannabis-based drugs. The Company does not undertake any duty nor does it intend to update the results of these forward-looking statements.
Contact Information
GRACIELA MORENO
President
Med-Cannabis Pharma, Inc.
+1 214 666 8364 direct
SOURCE: Med-Cannabis Pharma, Inc.