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The Trump Justice Department this week asked a federal judge to dismiss a challenge to Congress’ power over Washington DC, drug laws brought by the district’s oldest hemp shop.
In a federal lawsuit originally filed in June, Capitol Hemp asked a judge to overturn a longstanding federal budget rider that in theory ties local lawmakers’ hands on drug laws.
That was one of two suits Capitol Hemp brought that month. The other was against the district and its allegedly “vague” laws on hemp.
Capitol Hemp has been challenging a Washington-led crackdown on hemp-derived THC for more than a year.
At issue in the federal suit is the so-called “Harris Amendment,” a budget rider authored by staunchly anti-cannabis Maryland U.S. Rep. Andy Harris.
That budget amendment has for the past decade prevented Washington from spending money on cannabis legalization, according to NORML.
Trump Justice Department opposes DC hemp shop’s challenge
Adult-use cannabis is legal in the district, but the ongoing federal-local conflict restricts sales to MMJ dispensaries.
Congress still wields significant power over local affairs in the nation’s capital and has the power to override local laws.
In addition to stymieing adult-use cannabis, the Harris Amendment also prevents Washington lawmakers from adequately regulating hemp-derived THC, Capitol Hemp’s June lawsuit argues.
In a Sept. 15 filing, U.S. Attorney Jeanine Pirro asks a judge to dismiss Capitol Hemp’s suit for lack of standing.
Capitol Hemp “fails to anchor the suit with a cognizable cause of action and seeks improper advisory opinions,” Pirro’s motion to dismiss reads.
In its lawsuit, Capitol Hemp “asserts that provisions of federal appropriations law are ambiguous and require interpretation by this Court,” Pirro added.
That ambiguity “is the proximate cause of two injuries, namely, a pending civil action against them, and confusion on the part of the District,” the motion added.
“Neither of these alleged harms is sufficient to establish standing in this suit, however.”
Capitol Hemp has until next month to amend its complaint, Judge Sparkle L. Sooknanan wrote Wednesday, according to court filings.
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