OK, folks I have some good news and some bad news.

First, the bad news. The Hinchey-Rohrabacher amendment, which would have barred the DEA from busting patients and caregivers in medical marijuana states, failed in the House by a vote of 161-264. The silver lining is that the amendment had only 152 AYES in 2003 and 148 AYES in 2004, so we’re slowliy getting the support on this issue.

Washington, D.C. — A week after the Supreme Court ruled that medical marijuana laws in California and nine other states are no bar to federal drug prosecution, the House voted down an amendment that would have stopped the Justice Department from bringing such cases.

While medical marijuana advocates never thought they would have the votes to bar federal prosecutions, some had predicted that, because of the heightened interest after the Supreme Court’s ruling, they would do better than the 161-264 vote they received Wednesday.

Rep. Barney Frank, D-Mass., said Tuesday that House Minority Leader Nancy Pelosi had been working the issue hard among Democrats and that he felt certain there would 180 or more votes for the amendment to a 2006 Justice Department funding bill.

Still, there was some comfort in Wednesday’s vote for medical marijuana advocates. Since 2003 when the chamber took its first vote to bar spending money on federal prosecution of medical marijuana users, the number of members saying no to that idea has dropped by 11.

“We pick up votes each time as we continue to educate the public,” said Steve Fox, communications director for the Marijuana Policy Project. “This is just a matter of time.”

Now for the good news:

Rep. Wu changed his 2003/2004 NO vote to YEA!

I’m going to consider this a victory. I had called him out with a “shame on you” post earlier and exhorted everyone I knew to contact him and urge him to change his vote. I even went to his Portland office with a posterboard protest sign, stood out front and handed out fliers, and spoke with his staff.

Thank you so much to everyone who made their voices heard. And thank you so much to Rep. Wu for showing compassion toward his state’s medical marijuana patients.