Trump Justice Department Opposes Challenge to DC Hemp Laws
A Long Running Dispute Over Cannabis Authority in the Nation’s Capital
The Trump administration’s Justice Department this week urged a federal judge to dismiss a lawsuit brought by Washington DC’s oldest hemp shop, Capitol Hemp, which is challenging Congress’ authority to restrict the city’s cannabis and hemp laws.
The case, filed in June, centers on the so-called “Harris Amendment,” a budget rider introduced more than a decade ago by Maryland Republican Rep. Andy Harris. The provision has long prohibited DC from using its local funds to implement cannabis legalization beyond medical marijuana, effectively blocking adult-use retail sales despite overwhelming support from local voters.
Capitol Hemp argues that the amendment not only undermines DC’s autonomy but also creates regulatory confusion around hemp-derived THC, leaving businesses vulnerable to crackdowns and inconsistent enforcement.
Capitol Hemp’s Dual Legal Strategy
The September filing is one of two lawsuits Capitol Hemp lodged earlier this summer. In addition to its federal case against the Harris Amendment, the retailer is also suing the District of Columbia itself, alleging that the city’s hemp rules are vague and have been used to justify enforcement actions against compliant businesses.
Capitol Hemp has been locked in disputes with local regulators for more than a year over hemp-derived THC products, which exist in a gray area between federal hemp legalization and local cannabis restrictions.
By targeting both Congress and the city government, the shop is attempting a two-pronged strategy: challenging the federal straitjacket imposed by appropriations law while also pushing for clearer local hemp regulations.
DOJ’s Response: No Standing, No Case
On Sept. 15, U.S. Attorney Jeanine Pirro, representing the Trump Justice Department, filed a motion asking U.S. District Judge Sparkle L. Sooknanan to dismiss the lawsuit.
According to Pirro’s filing, Capitol Hemp lacks standing to bring the case. The complaint, she argued, “fails to anchor the suit with a cognizable cause of action and seeks improper advisory opinions.”
Pirro also dismissed the retailer’s claims of harm, which include a pending civil enforcement action and what Capitol Hemp calls widespread confusion over how hemp-derived THC is regulated in the district. Neither, the Justice Department contends, constitutes a sufficient legal injury to justify a federal court’s intervention.
The Harris Amendment’s Impact on Cannabis and Hemp
The Harris Amendment has long been a flashpoint in the cannabis reform debate. Although DC voters approved adult-use legalization in 2014, the rider prevents the city from establishing a regulated retail market. That leaves medical marijuana dispensaries as the only lawful source of cannabis sales, while so-called “gifting” operations continue to operate in legal limbo.
NORML and other advocacy organizations have criticized the rider for disenfranchising DC residents and stifling the district’s ability to regulate emerging cannabis and hemp industries.
For hemp businesses like Capitol Hemp, the lack of clear authority to regulate hemp-derived THC products has left operators exposed to enforcement despite hemp’s legalization under the 2018 Farm Bill.
What Comes Next in Court
Judge Sooknanan has given Capitol Hemp until next month to amend its complaint, according to court filings. The shop will need to refine its legal arguments to demonstrate standing and present a clearer claim for relief if it hopes to survive the government’s motion to dismiss.
If the case proceeds, it could become a test of how far Congress’ control over DC extends in the era of expanding cannabis and hemp markets. For now, however, the Trump Justice Department is making it clear that it intends to defend the Harris Amendment and preserve congressional authority over the district’s drug laws.
The outcome could have wide-ranging implications not only for hemp businesses but also for the broader effort to reconcile federal restrictions with local cannabis reform.
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