[Congressional Record Volume 163, Number 7 (Wednesday, January 11, 2017)]
[House]
[Page H311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ENFORCEMENT OF MARIJUANA LAWS

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Rohrabacher) for 5 minutes.
  Mr. ROHRABACHER. Mr. Speaker, I rise today to praise Senator Jeff 
Sessions, President-elect Trump's nominee for Attorney General. Senator 
Sessions, I am praising him today for his inspiring testimony before 
the Senate Judiciary Committee yesterday. During his confirmation 
hearings, Senator Sessions was questioned on a wide variety of issues 
that will be under his purview as our Attorney General. Included in the 
numerous topics covered were questions about his intentions to enforce 
Federal law as it pertains to marijuana policy.
  Senator Sessions is a patriot. He is a constitutionalist. He is a man 
of the highest moral integrity, and I have complete confidence that if 
confirmed as Attorney General, he will faithfully enforce our laws--not 
just those he agrees with, but all the laws duly enacted by Congress.
  As it pertains to marijuana policy, Senator Sessions promised to do 
the same, to follow the law. During his exchanges on that topic of 
medical marijuana policy, being questioned by both Senators Leahy and 
Lee, Senator Sessions stated his intention to follow Federal law. At 
one point he indicated that if Congress no longer desired to make 
possession and distribution of marijuana an illegal act, ``Congress 
should pass a law to change the rules.''
  At this time, I feel compelled to point out that Federal law has been 
changed and currently prohibits the Department of Justice from spending 
appropriated funds to prosecute individuals who are acting in 
compliance with their State's medical marijuana laws. In fact, a 
provision has been in the law since December 2014, when Congress passed 
and President Obama signed into law the Consolidated Further Continuing 
Appropriations Act. The act included a provision passed on the floor of 
the House as an amendment earlier that year by a vote of 219-189. The 
following year, a similar provision was passed by a wider margin of 
242-186. That provision, offered by myself and cosponsored by my 
colleague, Sam Farr, restricts the Federal Government from superseding 
State law when it comes to the use of medical marijuana. This law will 
remain in effect through April 28 of this year, although I expect with 
the House and the Senate, both on record on this, that this provision 
will be renewed. I am especially confident of that when realizing that 
President-elect Trump is on the record, as he stated in the last 
campaign, that this issue should be left to the States. Thus, I am 
confident that this legal provision, which says that the Federal 
Government shall not supersede State law when it comes to medical 
marijuana, will be renewed.
  Importantly, in August of last year, the Ninth Circuit Court of 
Appeals ruled in U.S. v. McIntosh that Federal funds cannot be used to 
prosecute those in compliance with their State's medical marijuana 
laws. This provision will be part of American law as long as it is 
renewed and Congress makes it part of the law. I am confident that if 
Congress does that, Attorney General Jeff Sessions, my friend, a person 
I admire greatly, will abide by the provisions and, thus, respect State 
medical marijuana laws, as dictated by Congress and enforced by the 
judiciary.
  As he rightfully pointed out in his testimony yesterday, Senator 
Sessions said it will be his duty to see to it that the laws under his 
purview as Attorney General are faithfully executed, and this includes 
the Rohrabacher-Farr limitations that no funding shall be used to 
prosecute those throughout our country who are in compliance with our 
States' medical marijuana laws.
  All of this comes down to a constitutional theory and a 
constitutional commitment to what we call the 10th Amendment, and that 
is the States have a right to make determinations in all of those areas 
that the Federal Government should not be involved in. This should 
definitely be left to the States.

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