Hinchey-Rohrabacher medical marijuana amendment
Encyclopedia
The Hinchey-Rohrabacher medical marijuana amendment (House Amendment
272) was offered by Congressmen Maurice Hinchey
and Dana Rohrabacher
to amend the Commerce, Justice, and Science Appropriations Bill, H.R. 3093, on July 25, 2007 in the U.S. Congress
. The amendment was defeated by a vote of 262-165.
TITLE VII—ADDITIONAL GENERAL PROVISIONS
Sec. 701. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.
and the United States Department of Justice
from spending taxpayer money to raid, arrest, or prosecute medical marijuana patients and providers in the 12 states where medical marijuana is legal. It would not have prevented the DEA from arresting individuals who are involved in marijuana-related activities unconnected to medical use.
As a result of the amendment’s defeat, medical marijuana patients and caregivers acting in accordance with state laws are still at risk of federal prosecution.
The Hinchey amendment has been introduced on the House floor five times. The vote totals are as follows.
272) was offered by Congressmen Maurice Hinchey
Maurice Hinchey
Maurice Dunlea Hinchey , is the U.S. Representative for , serving since 1993. He is a member of the Democratic Party...
and Dana Rohrabacher
Dana Rohrabacher
Dana Tyron Rohrabacher is the U.S. Representative for , and previously the 45th and 42nd, serving since 1989. He is a member of the Republican Party...
to amend the Commerce, Justice, and Science Appropriations Bill, H.R. 3093, on July 25, 2007 in the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. The amendment was defeated by a vote of 262-165.
Amendment Text
At the end of the bill (before the short title), insert the following:TITLE VII—ADDITIONAL GENERAL PROVISIONS
Sec. 701. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.
Analysis
If passed, the amendment would have prohibited the DEADrug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
and the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
from spending taxpayer money to raid, arrest, or prosecute medical marijuana patients and providers in the 12 states where medical marijuana is legal. It would not have prevented the DEA from arresting individuals who are involved in marijuana-related activities unconnected to medical use.
As a result of the amendment’s defeat, medical marijuana patients and caregivers acting in accordance with state laws are still at risk of federal prosecution.
History
As of this writing in 2007, there have been only six House floor votes on medical marijuana in U.S. history. The first House vote on the issue was on a non-binding resolution opposing medical marijuana that passed by a 311-94 margin in 1998.The Hinchey amendment has been introduced on the House floor five times. The vote totals are as follows.
| Year | Ayes | Noes |
|---|---|---|
| 2003 | 152 | 273 |
| 2004* | 148 | 268 |
| 2005 | 161 | 264 |
| 2006 | 163 | 259 |
| 2007 | 165 | 262 |
- In 2004, the amendment was introduced by Congressmen Sam Farr (D-CA) and Dana Rohrabacher (R-CA). Representative Hinchey was on medical leave at the time.
External links
- Roll Call 733: On Agreeing to the Amendment.
- Marijuana Policy Project’s Hinchey Action Site
- Maurice Hinchey's official web site
- Dana Rohrabacher's official web site