Cannabis Dispensaries and Medical Patients at Risk

A modification to the MCA (2014) has opened the door for federal interference in state medical cannabis programs.

(SALEM, Ore.) - In case you missed this, on July 9th, 2024, the House Appropriations Committee passed a version of the Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill that included language to block rescheduling efforts for cannabis (Section 623).

NEW CJS LANGUAGE: SEC. 623. None of the funds appropriated or otherwise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).

Also, a modification to the medical cannabis amendment from 2014 opened the door for federal interference in state medical cannabis programs again (Section 531(b)) with double penalties.

According to Americans for Safe Access (ASA), medical cannabis Congressional champions on the committee did not attempt to amend the language or even create a public record of their implicit objection.

No one on the committee took the opportunity to strike Section 623 or Section 531(b) from the bill, nor did they emphasize that medical cannabis is a crucial treatment option for millions of patients suffering from conditions such as chronic pain, epilepsy, multiple sclerosis, and PTSD.

Two weeks later, July 25, 2024, the Senate passed a version of the CJS Budget Bill (26-3) out of the Appropriations Committee without amendments in the House version.

ASA responded by saying, "These amendments are an affront to patients across the country who are finding significant improvements in their quality of life, reduced reliance on prescription medications, and better overall health outcomes thanks to medical cannabis.

"By all accounts, the current political landscape shows a nation poised for medical cannabis to fulfill its potential as a nationally recognized medicine, offering the political backing for policymakers to champion proposals to ensure safe, legal, and consistent access for those who need it most. "

Fast forward to the present.

Last week, Friday, April 25, 2025, U.S. Attorney Edward R. Martin Jr., of the District of Columbia, sent a letter to the owners and operators of Green Theory, a city-permitted marijuana dispensary located in Washington DC, alleging they are operating within 1,000 feet of several area schools.

The press release distributed by the U.S. Attorney's Office said that the letter was written "in response to neighborhood concerns expressed to him from parents and other residents."

In the letter, Martin wrote:

As you likely know, there are numerous federal laws governing and even prohibiting the distribution and possession of marijuana, including provisions of the Controlled Substances Act.

Your dispensary appears to be operating in violation of federal law, and the Department of Justice has the authority to enforce federal law even when such activities may be permitted under state or local law.

Enhanced federal penalties may apply when a dispensary is operating within 1,000 feet of a school. See 21 U.S.C. § 860(a).

Persons and entities owning, operating, or facilitating such dispensaries (as well as premises grow centers) may be subject to criminal prosecution and civil enforcement actions under federal law.

Any person or entity with an ownership interest in real property, may have his or her interest in the property forfeited to the United States Government without compensation. See 21 U.S.C. § 881(a)(7).

I want to know the following:

• Are you aware of the federal laws related to marijuana dispensaries and their locations near schools?
• Have you addressed these issues with federal law enforcement officials?
• Can you produce documentation regarding your compliance with federal law?

He finished by saying, "I am concerned that you are in violation of federal laws, which are intended to protect children. To that end, the need to address this issue is serious."

The dispensary owners have until by Monday, May 12, 2025 to reply.

Cannabis advocates, warriors & champions. Be aware! The rights that we have fought for, marched for and campaigned for are slipping through our fingers. As we rest on our laurels where cannabis is legal recreationally, the evils of prohibition continue to lurk, and it is medical patients that take the hit.

Protect access to cannabis. Protect our medical patients. Let's not lose what so many have fought so hard for.

Source(s): Steph Sherer/ Americans for Safe Access (ASA); U.S. Attorney's Office, District of Columbia

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