The Senate Appropriations Committee is proposing to continue a current rider in federal law that shields state medical marijuana programs from federal interference—while also declining to join the House in supporting a separate provision that would block federal officials from advancing the Trump administration’s federal cannabis rescheduling proposal.
It is additionally pressing federal officials to explain seizures of products from state-legal cannabis businesses.
The Fiscal Year 2027 Commerce, Justice, Science, and Related Agencies (CJS) spending bill that was posted by the committee on Thursday contains an updated version of the state medical cannabis protection provision that has been federal law since 2014.
“SEC. 531. 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 Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
The Senate panel’s version of the rider does not include a new section that the House Appropriations Committee proposed adding in May that seeks to stipulate that the Justice Department can still enforce a section of U.S. code calling for increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, college, playground or public housing unit.
The committee report attached to the CJS bill, however, does include a provision saying that DOJ has separately clarified that the medical marijuana rider doesn’t block federal prosecutors from pursuing cases under drug-free school zones laws.
“Federal Drug-Free School Zones.—The Committee appreciates the Department’s clarification that section 531 of this act does not explicitly preclude the USAOs from enforcing section 860 of title 21, United States Code. The Committee encourages the Department to continue to work to ensure that areas with young children, including schools and playgrounds, remain drug-free.”
Meanwhile, the Senate committee is also declining to align with the House on a new provision that would block federal officials from taking further steps to carry out cannabis rescheduling.
While the Trump administration has already moved state-licensed medical marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III and a Drug Enforcement Administration (DEA) hearing is considering more broadly moving marijuana to Schedule III, the House rider would make it so no federal funds appropriated under the bill could be “used to reschedule marijuana…or to remove marijuana from the schedules” of the CSA.
No such language appears in the Senate version of the legislation.
Separately, the Senate bill also includes another longstanding rider that protects state hemp research programs from federal interference.
“SEC. 530. None of the funds made available by this Act may be used in contravention of section 7606 (‘’Legitimacy of Industrial Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.”
The CJS bill report contains a provision directing the Department of Justice to submit a report to Congress about “illegal marijuana growing operations associated with foreign nationals.”
“Illegal Growing Operations.—The Committee directs the Department to submit a report, within 90 days of the enactment of this act, assessing the proliferation of illegal marijuana growing operations associated with foreign nationals. The report shall be coordinated among the FBI, DEA, and the Executive Office for United States Attorneys, and shall specifically assess: (1) the extent of illegal growing operations in the United States that are associated with foreign nationals; (2) any connections or links to Chinese transnational criminal organizations and/or the government of the People’s Republic of China; and (3) the Federal resources that can be deployed to support State, local, and Tribal law enforcement efforts. The report may be transmitted through classified channels as necessary and appropriate. The Committee directs the Department, in coordination with Federal law enforcement partners, to fully support State, local, and Tribal law enforcement agencies in their efforts on this matter.”
Another section of the report directs DEA to brief Congress about kratom-related issues.
“Kratom.—The Committee is aware that in 2025, the Department of Health and Human Services referred a byproduct of the kratom plant to DEA for possible scheduling under the Controlled Substance Act. The Committee directs DEA to provide a briefing, within 60 days of the date of enactment of this act, on the health and safety impacts of kratom products, including patterns of use, adverse events, and any enforcement or regulatory actions taken.”
A report attached to a separate bill that the committee released on Thursday that covers funding for the Department of Homeland Security directs Customs and Border Protection (CBP) to brief Congress on its seizures of marijuana products from state-legal businesses—an issue that has been the subject of litigation and criticism from New Mexico Gov. Michelle Lujan Grisham (D).
“Cannabis Seizures.—Within 120 days of the date of enactment of this act, CBP shall provide a briefing on cannabis seizures, to include products containing cannabis, or related paraphernalia that are possessed, sold, or transferred by a cannabis distributor in compliance with applicable State or Tribal law and regulations”
Earlier this week, the Senate Appropriations Committee released other funding bills and reports directing federal agencies to consider medical marijuana as an opioid alternative as well as the therapeutic benefits of psychedelics—while also encouraging hemp cultivar and germplasm development and additionally raising concerns about cannabinoid-infused foods.
The panel has not yet scheduled votes on any of the measures.
