House Passes FY 2026 Appropriations Bill Shielding State Medical Marijuana Programs
On Thursday, the U.S. House of Representatives approved a spending measure for Fiscal Year 2026 that continues to bar the Justice Department from using federal funds to interfere with state‑level medical marijuana laws. The bill passed by a decisive 397‑28 vote and now moves to the Senate for further consideration. The legislation bundles appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) interior, environment, and energy and water development portfolios.
Core Elements of the CJS Appropriations Package
The package retains a longstanding rider—first enacted in 2014—that prohibits the DOJ from spending money to impede the implementation of state medical marijuana statutes. The rider explicitly lists dozens of states, territories, and the District of Columbia where the protection applies. Notably, Nebraska does not appear in the current list, a discrepancy that has drawn attention from advocates monitoring geographic coverage.
In addition to the medical marijuana safeguard, the bill preserves a provision protecting industrial hemp research programs established under the 2014 Farm Bill. This clause prevents the DOJ or the DEA from using appropriated funds to act contrary to Section 7606 of the Agricultural Act of 2014, which authorizes limited hemp cultivation for research purposes.
Rescheduling Language Removed From Final Deal
Earlier versions of the House Appropriations Committee’s bill included a section that would have blocked any federal effort to reschedule or remove marijuana from the Controlled Substances Act schedules. That language read:
“SEC. 607. 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).”
The final agreement dropped this provision after negotiations with Senate counterparts. Advocates welcomed its removal, noting that it prevents Congress from inadvertently obstructing the executive branch’s ongoing review of cannabis scheduling.
Executive Order and Agency Response
Weeks before the House vote, President Donald Trump issued an executive order directing Attorney General Pam Bondi to accelerate the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. Despite that directive, the Drug Enforcement Administration announced on Monday that a rescheduling appeal process remains “pending,” indicating that the administrative review is still underway.
The executive order also instructed Congress to reconsider limitations on consumable hemp products, with the aim of preserving access to full‑spectrum CBD items. Federal agencies are exploring pathways to cover such products under Medicare and Medicaid for qualifying patients.
Continued Protections for Drug‑Free School Zones
While the bill stripped a proposed amendment that would have allowed enhanced penalties for cannabis sales near schools and parks, a joint explanatory statement accompanying the legislation directs the DOJ to enforce the Federal Drug‑Free School Zones Act (21 U.S.C. 860). The statement clarifies that the medical marijuana protection rider does not explicitly prevent U.S. attorneys from pursuing violations involving controlled substances in areas where children gather, such as school grounds and playgrounds.
Industry and Advocate Reaction
Cannabis industry groups and patient advocacy organizations expressed encouragement that the medical marijuana rider survived the negotiation process, viewing it as a vital safeguard for patients operating in the 38 states and territories covered by the language. At the same time, stakeholders remain watchful of unrelated appropriations measures—such as a November bill that includes restrictions on most consumable hemp products—and are urging lawmakers to align federal policy with the administration’s stated goal of maintaining access to CBD‑based therapeutics.
For readers seeking the original reporting and additional context, the source article is available Here.
