Friday, March 24, 2017

Federal Bill Introduced to De-schedule Marijuana

by Corina N. Schaffner-Fegard, Esq.

On February 27, 2017, US House Representative Thomas Garrett Jr., a Republican, introduced H.R.1227 — 115th Congress (2017-2018). (Ending Federal Marijuana Prohibition Act of 2017).  This bill is a legislative attempt to de-schedule marijuana entirely.   That would mean it would no longer be regulated under the Controlled Substances Act and would be placed on par with alcohol.   Currently, marijuana is classified as a Schedule I substance under the CSA.  The bill does place limitations on interstate transportation of marijuana and applies penalties for violations under Sec. 103.   As of March 16, 2017, the bill was referred to the Committee on Crime, Terrorism, Homeland Security, and Investigations and is awaiting action before the House Judiciary Committee.  Given statements made by Attorney General Sessions, which could be interpreted as his endorsing an increase in prosecutions when it comes to marijuana, the fate of the bill is unclear.   We will be following this legislation, as its passing will impact whether  health insurers, including workers' compensation carriers, are required to pay for medical marijuana.