The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“ENFORCEMENT OF MARIJUANA LAWS” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H311 on Jan. 11, 2017.
The Department is one of the oldest in the US, focused primarily on law enforcement and the federal prison system. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, detailed wasteful expenses such as $16 muffins at conferences and board meetings.
The publication is reproduced in full below:
ENFORCEMENT OF MARIJUANA LAWS
The SPEAKER pro tempore. The Chair recognizes the gentleman from California (Mr. Rohrabacher) for 5 minutes.
Mr. ROHRABACHER. Mr. Speaker, I rise today to praise Senator Jeff Sessions, President-elect Trump's nominee for Attorney General. Senator Sessions, I am praising him today for his inspiring testimony before the Senate Judiciary Committee yesterday. During his confirmation hearings, Senator Sessions was questioned on a wide variety of issues that will be under his purview as our Attorney General. Included in the numerous topics covered were questions about his intentions to enforce Federal law as it pertains to marijuana policy.
Senator Sessions is a patriot. He is a constitutionalist. He is a man of the highest moral integrity, and I have complete confidence that if confirmed as Attorney General, he will faithfully enforce our laws--not just those he agrees with, but all the laws duly enacted by Congress.
As it pertains to marijuana policy, Senator Sessions promised to do the same, to follow the law. During his exchanges on that topic of medical marijuana policy, being questioned by both Senators Leahy and Lee, Senator Sessions stated his intention to follow Federal law. At one point he indicated that if Congress no longer desired to make possession and distribution of marijuana an illegal act, ``Congress should pass a law to change the rules.''
At this time, I feel compelled to point out that Federal law has been changed and currently prohibits the Department of Justice from spending appropriated funds to prosecute individuals who are acting in compliance with their State's medical marijuana laws. In fact, a provision has been in the law since December 2014, when Congress passed and President Obama signed into law the Consolidated Further Continuing Appropriations Act. The act included a provision passed on the floor of the House as an amendment earlier that year by a vote of 219-189. The following year, a similar provision was passed by a wider margin of 242-186. That provision, offered by myself and cosponsored by my colleague, Sam Farr, restricts the Federal Government from superseding State law when it comes to the use of medical marijuana. This law will remain in effect through April 28 of this year, although I expect with the House and the Senate, both on record on this, that this provision will be renewed. I am especially confident of that when realizing that President-elect Trump is on the record, as he stated in the last campaign, that this issue should be left to the States. Thus, I am confident that this legal provision, which says that the Federal Government shall not supersede State law when it comes to medical marijuana, will be renewed.
Importantly, in August of last year, the Ninth Circuit Court of Appeals ruled in U.S. v. McIntosh that Federal funds cannot be used to prosecute those in compliance with their State's medical marijuana laws. This provision will be part of American law as long as it is renewed and Congress makes it part of the law. I am confident that if Congress does that, Attorney General Jeff Sessions, my friend, a person I admire greatly, will abide by the provisions and, thus, respect State medical marijuana laws, as dictated by Congress and enforced by the judiciary.
As he rightfully pointed out in his testimony yesterday, Senator Sessions said it will be his duty to see to it that the laws under his purview as Attorney General are faithfully executed, and this includes the Rohrabacher-Farr limitations that no funding shall be used to prosecute those throughout our country who are in compliance with our States' medical marijuana laws.
All of this comes down to a constitutional theory and a constitutional commitment to what we call the 10th Amendment, and that is the States have a right to make determinations in all of those areas that the Federal Government should not be involved in. This should definitely be left to the States.
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