Image via Shutterstock/Stanimir G.Stoev

On Saturday night, the U.S. Senate joined the House of Representatives in voting in favor of the $1.1 trillion government funding bill that will allow Uncle Sam to keep on rolling through September. Embedded deep within the 1,600-page legislation that’s come to be known colloquially as the Cromnibus bill (Continuing Resolution Omnibus bill), is a provision that’ll roll back Uncle Sam’s raiding power on medical marijuana facilities.

Section 538 of the bill explicitly states that no money appropriated from this bill can be used by the Department of Justice “to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

Translation: People and companies in the states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Misissippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, Wisconsin and Washington D.C. can operate medical marijuana facilities without worry of being the subject of raids by the FBI.

Per the language of the bill, this doesn’t mean people anywhere can go around registering as a medical marijuana dispensary and begin selling to certified patients and caregivers. The bill only applies to states that have already enacted pro-marijuana legislation, such as the Commonwealth of Massachusetts.

While the legislation is a win for medical marijuana and those who receive it for treatment, the Cromnibus bill doesn’t bode as well for Washington D.C. residents. Those who live in the nation’s capital recently approved a ballot initiative that allows residents aged 21 and older to possess up to two ounces of marijuana and grow as many as six plants. Cromnibus, though, contains the following language which could reverse that completely and step on the toes of D.C. voters.

None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

But this could simply be a case of two steps forward, one step back. The measure also prevents the DOJ and Drug Enforcement Administration from coming after anyone cultivating hemp under section 7606 (‘‘Legitimacy of Industrial Hemp Research’’) of the Agricultural Act of 2014.

The Massachusetts State House currently has an industrial hemp bill in with the House Committee on Rules, pending a House investigation and Study. It’s been in committee since September 18 and no hearing date has been scheduled for it yet.

The DEA still classifies marijuana as a Schedule I drug, meaning it has “no currently accepted medical use and a high potential for abuse.” For this reason, and despite the fact that medical marijuana has been legal in many of the aforementioned states for years, they’ve been conducting raids on compliant, though technically federally illegal, facilities. In California, where medical marijuana has been legal for 18 years, raids were carried out as recently as October.

In Massachusetts, voters approved the medical use of marijuana back in 2012 through a ballot initiative though lawmakers have yet to approve the opening of a dispensary. A total of 15 potential dispensaries could open their doors in the Bay State, pending inspections by the Department of Public Health, one of which could be in Boston.

If Mayor Marty Walsh gets his way, this won’t be the case. With 20 years of sobriety under his belt, Mayor Walsh has made it clear he’s against recreational and medical marijuana in Boston though will work with the proper authorities to comply with the law – which allows for the medicinal variety in the Commonwealth.

However, the Milk Street site tentatively approved by the state is not zoned for medical marijuana. Now that the chairman of the Zoning Board of Appeals has stepped down, it’s not unfathomable to think Mayor Walsh will insert a successor that shares his unfavorable views towards weed and prevents the dispensary from opening its doors.

Editors Note: An earlier version of this story may have confused some readers about which medical marijuana operators are included under the new legislation. It does include individuals and companies, not necessarily state governments.