Why This Matters:
Discretion on whether or not to enforce federal cannabis laws has been left up to the federal prosecutors in each state. Many states, including Illinois, have legal medical or recreational use of cannabis allowed under state laws.

MACOMB — A recent statement from a top official regarding the federal view of cannabis or marijuana has people around the country waiting for the proverbial “other shoe” to drop on state medical and recreational cannabis laws.
On Jan. 4, U.S. Attorney General Jeff Sessions announced the Department of Justice was no longer going to recognize the Obama-era Cole Memorandum, and would give discretion to the district prosecutors in each state to enforce federal cannabis laws.
Sessions’ announcement came only days after the recreational cannabis law in California went into effect. Although recreational cannabis possession is illegal in Illinois, the state does have a medical cannabis pilot program. According to the Illinois Department of Public Health, the state enacted the pilot program on Aug. 1, 2013. People meeting specific medical conditions may apply for a program enrollment card. The program has been extended until July 2020.
The regulations, qualifying conditions, fees and application information can be found online at: http://bit.ly/1Riacxx. The medical use law allows children meeting the requirements to also participate in the program. Illinois is among 21 other states with only medical programs.
Eight states and the District of Columbia have legalized cannabis for recreational use, automatically allowing medicinal use. However, the federal government has declared cannabis use to be illegal even in medical circumstances when a patient under a doctor’s care has a permit issued by a state.

Politicians & Lawyers
When asked by the Voice how Illinois Attorney General Lisa Madigan would respond if federal prosecutors demanded records from state agencies or her office regarding information on medical cannabis dispensaries, cultivators or patients, an office representative stated that the federal government cannot take any legal action against the state until after Friday.
Annie Thompson, press secretary for Madigan’s office, stated: “Current federal law precludes U.S. DOJ from using any resources to interfere with Illinois’ implementation of the state medical marijuana law.”
For legal background, Thompson referenced the Rohrabacher/Bluemenauer (Rohrabacher-Farr) amendment to the most recent federal appropriations bill.
The amendment reads: “None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of [specified states, including Illinois] to prevent any such State or jurisdiction from implementing a law that authorizes the use, distribution, possession, or cultivation of medical marijuana.”
Thompson said the amendment language is included in the current appropriations bill, The 2017 Consolidated Appropriations Act (HR244, Public Law No. 115-41. The full appropriations bill can be read online at http://bit.ly/2x4zvPj or downloaded as a PDF file at http://bit.ly/2FBkaum.
What could happen if the language is not reinserted into the next stop-gap or appropriations bill was not addressed. However it was indicated the amendment language would have to be present in order to prohibit the DOJ from interfering with state medical cannabis laws.
The Voice did not receive a response from Sen. Tammy Duckworth’s office when seeking comment. Sen. Dick Durbin’s office told the Voice that the senator had not formed a statement on the matter, but would release a statement once one had been established. No statement had been released by the publishing of this article.
U.S. Rep. Darin LaHood, R-Dunlap, said much of what Sessions has said has been taken out of context. He also stressed the Cole Memorandum, which directed prosecutors not to charge people complying with state cannabis laws, was not a law.
“Essentially what Attorney General Sessions said was it’s up to the individual prosecutors in the district,” LaHood said. Medical marijuana is the law of the land in Illinois and has been functioning there. It is something our state legislators passed. I was there; I did not support most of it. I did support a provision that said medical marijuana should be used for children with epilepsy. There are certain medical conditions where marijuana can be helpful and useful. We should try to help people with disabilities where medical marijuana can help.”
LaHood — himself a former state and federal prosecutor who served in the Illinois Senate — said Sessions’ direction now leaves the decision of whether or not to prosecute even Illinois-compliant patients and businesses in the Northern, Central and Southern U.S. District Courts.
“I don’t believe much changes in Illinois by this decision,” he added. “I think there’s real concern about decriminalizing marijuana and recreational marijuana. I think there’s a thought at the federal level from Attorney General Sessions that we’re going too far with that. This needs to be addressed at the federal level. It’s still federal law that it’s illegal to sell marijuana. It’s a Schedule 1 substance. That needs to be addressed at the federal level before we keep allowing states to decriminalize it or make it recreational. But, I think this administration will be very cautious about going down the road of recreational or decriminalizing marijuana.”
When the medical cannabis bill went for its third reading on the Illinois Senate floor in 2013, LaHood was among 21 dissenters who voted against it, largely along party lines. At the time, he was quoted by the Champaign-Urbana News-Gazette as having concerns teens were using cannabis at a high rate in medical-legal states under the notion that cannabis is a “benign medication.”

States’ Rights
Even after Sessions’ announcement that federal prosecutors may be eyeing state activities, Vermont Governor Phil Scott has confirmed he will sign a bill into law making recreational cannabis legal in his state.
The law — which is the first in the nation to make recreational cannabis legal by legislative action and not by ballot referendum — passed both the Vermont Senate and House of Representatives last week. The law takes effect in Vermont on July 1. The law allows adults 21 and older to possess up to one ounce of cannabis and two mature plants or four immature plants.
In 2016, Illinois Governor Bruch Rauner signed into law a bill that decriminalizes possession of up to 10 grams of cannabis, but stops short of making it legal without a medical card. But the allure of legalizing recreational cannabis — aside from some public opinion — comes from the potential millions in tax dollars the fiscally-pressured state could rake in.
A federal proposed bill, HR975 the “Respect State Marijuana Laws Act of 2017” introduced by Rep. Dana Rohrabacher, R-Calif., would amend the Controlled Substances Act if adopted into law. It provides that the act’s regulatory controls and administrative, civil and criminal penalties don not apply to people who are in compliance with state laws. The latest action on the bill is dated Feb. 10, 2017, when it was referred to the Energy and Commerce Committee’s subcommittee on Health. The bill can be tracked online at: http://bit.ly/2nL2OlA.
Another bill, “Ending Federal Marijuana Prohibition Act of 2017” was introduced by Rep. Garrett Thomas Jr., R-Virginia, was referred to the subcommittee on Crime, Terrorism, Homeland Security and Investigations where it has sat since March 16, 2017. The bill can be found online at http://bit.ly/2DevmiU.
On March 22, 2017, Illinois lawmakers introduced bills to end cannabis prohibition in the state and establish regulations and taxes for adult use. The bills are SB315 and HB2353. Both bills were introduced by Chicago-area Democrats. According to Marijuana Policy Project’s Illinois tracking page: “Each (bill) would make it legal for adults 21 and older to possess, grow, and purchase limited amounts of marijuana. The state would license and regulate businesses to cultivate, process, test, and sell marijuana to adults. And it would create and enforce strict health and safety regulations, such as testing and labeling requirements and restrictions on marketing.”
Such laws are already applied to cannabis use in Illinois’ medical program with the exception of the ability for a medical participant to grow the plants. Cultivation and packaging is the responsibility of well-regulated cultivation centers. One such facility, Nature’s Grace and Wellness, is located outside of Vermont, Ill. The nearest medical cannabis dispensary to Macomb is Salveo Health and Wellness in Canton.
Although there is concern of federal prosecutors charging people for violating federal cannabis laws, that has not stopped federal courts from hearing civil cases regarding state medical cannabis regulations.
On Jan. 12, Illinois Attorney General Madigan’s office told U.S. District Judge John Blakey it will allow the Schaumburg-based District 54 school district to administer cannabis oil drops to an 11-year-old girl battling leukemia. According to the Associated Press, the girl’s treatment causes her to have seizures, and the oil is used to prevent such seizures.
The condition is included in the state’s medical cannabis law, but the law prohibits possession or use of medical cannabis on school grounds or buses. The child wears a cannabis infusion patch on her foot and rubs oil on her wrist. When the patch is ineffective, oil is placed on her wrist or tongue.
The oil contains only a trace amount of the drug THC. The girl’s parents took the matter to court after school officials denied their request, citing the state law.
Another hearing on the matter is scheduled for Friday.

Reach Jared DuBach by email at jdubach@mcdonoughvoice.com.