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The McClintock–Polis Amendment was a proposal to forbid federal prosecution of state-legal cannabis businesses in compliance with their state's laws, sponsored by Tom McClintock and Jared Polis in the US House of Representatives. Its third introduction followed rescission of the Cole Memorandum by the incoming United States Attorney General in January 2018.[1] The amendment would replace administrative protections of the Cole Memorandum with legislative ones parallel to the provisions of the Rohrabacher–Farr amendment for medical marijuana.[2][3] The measure was voted down in 2016, 222 to 206.[4]

Background

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Amash–Conyers Amendment
Great Seal of the United States
Long titleAn amendment to end authority for the blanket collection of records under the Patriot Act. It would also bar the NSA and other agencies from using Section 215 of the Patriot Act to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215.
Announced inthe 113th United States Congress
Sponsored byJustin Amash, John Conyers

In the wake of the 2013 surveillance disclosures, members of the House considered a reform amendment that would limit bulk data collection.

Rep. Conyers described his reactions to the disclosures as saying "It was shocking and disappointing that we went this far. I'm not happy about it."[5][6]

Proposed amendment

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"The McClintock amendment would have protected all recreational marijuana programs in states like Colorado—a full step beyond Rohrabacher-Farr, which protects only medical marijuana programs."[7]

Opposition

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Notable opposition to the amendment came from Mike Rogers and Dutch Ruppersberger, the senior leaders of the House Intelligence Committee, Keith Alexander, and the Obama administration.[5] The Obama administration statement criticized the amendment for being a "blunt approach", saying "We urge the House to reject the Amash amendment and instead move forward with an approach that appropriately takes into account the need for a reasoned review of what tools can best secure the nation."[5][8] General Keith Alexander, the director of the NSA, gave an "emergency" four-hour briefing for House members in which he "implored legislators that preventing his agency from collecting the phone records on millions of Americans would have dire consequences for national security."[8][9]

Vote

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  Democratic yea
  Democratic nay
  Republican yea
  Republican nay
  Absent or no representative seated

On July 24, 2013, the amendment was considered by the House of Representatives. The measure was "narrowly defeated" by a vote of 217 to 205.[5][10][11]

The vote was noticed for its unusual split, described as "one of the most unusual votes taken in the House in a long time."[12] It garnered both bi-partisan support and bi-partisan opposition: 94 Republicans and 111 Democrats voted for the amendment. It was opposed by 134 Republicans and 83 Democrats.[13] House leaders from both parties opposed the amendment.[8] The Republican and Democratic leaders of the House Intelligence Committee released a joint statement opposing the amendment, arguing it would have "eliminated a crucial counterterrorism tool".[8][14][15]

An analysis indicated that those who voted against the amendment received 122% more in campaign contributions from defense contractors than those who voted in favor.[16]

List of votes

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YEAS 205
NAYS 217

By State

See also

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References

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  1. ^ Office of Jared Polis (January 12, 2018), Polis leads nearly 70 bipartisan members in push for marijuana-fix (press release (official website)), United States Congress
  2. ^ A.J. Herrington (March 22, 2018), "New Federal Spending Bill Includes Medical Marijuana Protections: Will the new federal spending bill relieve our anxiety about the state of medical marijuana?", High Times, Without the so-called Cole Memo directive in place, some lawmakers would like to see spending prohibitions to apply to recreational cannabis as well as medical marijuana.
  3. ^ Nearly 70 Congress members push spending bill amendment to protect state-legal marijuana, The Denver Post, July 24, 2013 {{citation}}: Unknown parameter |authors= ignored (help)
  4. ^ https://www.govtrack.us/congress/votes/114-2015/h285
  5. ^ a b c d "US House rejects Amash-Conyers amendment on NSA surveillance powers". GlobalPost. 2013-07-24. Retrieved 2014-02-01.
  6. ^ Peterson, Andrea (2013-07-24). "Why Rep. John Conyers wants to defund NSA's phone snooping". Washingtonpost.com. Retrieved 2014-02-01.
  7. ^ James Higdon (July 30, 2015), Congress’ Summer Fling With Marijuana
  8. ^ a b c d Spencer Ackerman in Washington. "NSA surveillance: narrow defeat for amendment to restrict data collection | World news". The Guardian. Retrieved 2014-02-08.
  9. ^ "NSA's Keith Alexander Calls Emergency Private Briefing To Lobby Against Justin Amash Amendment Curtailing Its Power". Huffingtonpost.com. 2013-07-23. Retrieved 2014-02-08.
  10. ^ "H.Amdt. 413 (Amash) to H.R. 2397: Amendment sought to end authority for the blanket collection of records under the Patriot ..." GovTrack.us. 2013-07-24. Retrieved 2014-02-01.
  11. ^ "Amash-Conyers anti-NSA amendment lost by just 12 votes, 205-217". Americablog.com. Retrieved 2014-02-01.
  12. ^ "Chris Hayes And David Sirota Have 4-Hour Erection Over Amash Amendment". Mediaite. 2013-07-24. Retrieved 2014-02-22.
  13. ^ "Mapping the Vote to Limit the NSA via Amash-Conyers Amendment - Hit & Run". Reason.com. 2013-07-25. Retrieved 2014-02-08.
  14. ^ "Joint Statement by House Intelligence Chairman Mike Rogers and Ranking Member C.A. Dutch Ruppersberger on the Defeat of the Amash Amendment | The Permanent Select Committee on Intelligence". Intelligence.house.gov. 2013-07-24. Retrieved 2014-02-08.
  15. ^ "Joint Statement on the Defeat of the Amash Amendment". democrats.intelligence.house.gov. Retrieved 2014-02-08.
  16. ^ Kravets, David (July 26, 2013). "Lawmakers Who Upheld NSA Phone Spying Received Double the Defense Industry Cash". Retrieved August 3, 2013.
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Category:2018 in cannabis Category:Cannabis in the United States Category:Cannabis law in the United States Category:Cannabis law reform in the United States Category:Drug control law in the United States Category:Drug policy of the United States Category:Federalism in the United States Category:Proposed legislation of the 113th United States Congress