Lawmakers Call For An End To [US] Federal Marijuana Prosecutions

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June 18th, 2009 By: Allen St. Pierre, NORML Executive Director

Washington, DC: Massachusetts Democrat Barney Frank, along with co-sponsors Ron Paul (R-TX); Maurice Hinchey (D-NY); Dana Rohrabacher (R-CA); and Tammy Baldwin (D-WI), will reintroduce legislation today to limit the federal government’s authority to arrest and prosecute minor marijuana offenders.
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The measure, entitled an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces) of cannabis and for the not-for-profit transfer of up to one ounce of pot – making the prosecutions of these offenses strictly a state matter.

Under federal law, defendants found guilty of possessing small amounts of cannabis for their own personal use face up to one year imprisonment and a $1,000 fine.

Passage of this act would provide state lawmakers the choice to maintain their current penalties for minor marijuana offenses or eliminate them completely. Lawmakers would also have the option to explore legal alternatives to tax and regulate the adult use and distribution of cannabis free from federal interference.

To date, thirteen states have enacted laws ‘decriminalizing’ the possession of marijuana by adults. Minor marijuana offenders face a citation and small fine in lieu of a criminal arrest or time in jail.

“The federal government has much more important business to attend to than targeting, arresting and prosecuting adults who use marijuana responsibly,” NORML Executive Director Allen St. Pierre said. “This is an issue that ought to be handled by the states, not the Feds.”

According to nationwide polls, three out of four voters believe that adults who possess marijuana should not face arrest or jail, and one out of two now say that cannabis should be regulated like alcohol.

The reintroduction of the Frank/Paul bill comes one week after the duo reintroduced HR 2835, The Medical Marijuana Patient Protection Act of 2009 – which seeks to halt federal interference in states that have enacted medical marijuana laws – and just days after Rep. Mark Kirk (R-IL) called for federal legislation to sentence certain first-time marijuana offenders to 25 years in prison.

“The US Congress has a definite choice,” said St. Pierre. “They can choose the path of compassion, fiscal responsibility, and common sense by supporting Barney Frank’s and Ron Paul’s efforts, or they can continue down America’s failed drug war path by endorsing Rep. Kirk’s draconian legislation. It is abundantly clear which direction the voters wish to go; will their elected officials follow?”

Additional information about the ‘Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults’ is available at NORML’s Take Action Center.

http://blog.norml.org/2009/06/18/lawmakers-call-for-an-end-to-federal-marijuana-prosecutions
 
One step forward, two steps back.

This should apply to all minor possession cases of personal use involving CI-CV controlled substances.
 
^agreed, however once we pull the wool from everyone's eyes regarding MJ they might see other drugs in a similar light.
 
Does anyone really get federal charges for simple possession? Feds don't even seem to touch cultivation under 100 plants - pretty sure that's a formal dea/us attorney guideline.
 
Does anyone really get federal charges for simple possession? Feds don't even seem to touch cultivation under 100 plants - pretty sure that's a formal dea/us attorney guideline.

But the point is that states will have more freedom.
 
I understand it says that, but I don't really understand how it'll will help them. In general, there is nothing that requires a state to echo federal laws so there has never been a basic obligation for states to make marijuana illegal. However, because of the Commerce Act that allows the federal government to regulate interstate trade, and specifically a 1938 decision Wickard v. Filburn relating to believe it or not a farmer growing wheat to feed his livestock, the SCOTUS ruled in 2005 that the feds can enforce federal marijuana laws even if the product never crosses state lines. This is the main problem California has, and why the Ammiano California legalization bill includes a provision that keeps it from going into effect until it's legalized at a federal level. But Frank's bill doesn't do that, as it doesn't allow for cultivation or sale. So unless this bill is about something like federal highway funds (and none of the sponsors are saying anything like that) it doesn't really change anything about the status quo. States arguably should already have the ability to legalize limited possession - Colorado (along with Nevada) narrowly missed passing an amendment in 2006 doing just that, making possession under an ounce not a crime after the same ballot measure passed in the city of Denver in 2005.
 
I understand it says that, but I don't really understand how it'll will help them. In general, there is nothing that requires a state to echo federal laws so there has never been a basic obligation for states to make marijuana illegal. However, because of the Commerce Act that allows the federal government to regulate interstate trade, and specifically a 1938 decision Wickard v. Filburn relating to believe it or not a farmer growing wheat to feed his livestock, the SCOTUS ruled in 2005 that the feds can enforce federal marijuana laws even if the product never crosses state lines. This is the main problem California has, and why the Ammiano California legalization bill includes a provision that keeps it from going into effect until it's legalized at a federal level. But Frank's bill doesn't do that, as it doesn't allow for cultivation or sale. So unless this bill is about something like federal highway funds (and none of the sponsors are saying anything like that) it doesn't really change anything about the status quo. States arguably should already have the ability to legalize limited possession - Colorado (along with Nevada) narrowly missed passing an amendment in 2006 doing just that, making possession under an ounce not a crime after the same ballot measure passed in the city of Denver in 2005.

True, but I think this will make them less afraid.
 
^agreed, however once we pull the wool from everyone's eyes regarding MJ they might see other drugs in a similar light.

I somewhat agree. I think once people start getting high, many will realize that the government is full of shit about drugs in general (which is what the government is afraid of with legalizing pot, I think -- they are terrified of losing psychological control over people).
 
I disagree, I think legalizing or decriminalizing Marijuana will simply mute the voices that cry out for an abolishment of the CSA and end to the War On Drugs.

Marijuana smokers and advocates fund and man most of the anti-drug war organizations. Without their influence, manpower and votes (and $$$), the anti-drug war effort will be heavily hampered.

Why would Marijuana smokers advocate for Heroin, Cocaine, etc users? Hell, like I've said in other similar threads, a lot of Marijuana legalization advocates want other drugs to stay illegal.
 
^public attitude will hopefully change when they see the problems with lumping drugs together and treating addiction as an understood, sharp (rather than fuzzy, messy) issue.

also marijuana decrim would be a success, which could serve in debates for decrim of other drugs

but i do think it's also possible that the whole movement will lose steam for the reason you stated
 
I am for personal freedom and personal responsibility. Adults can make their own choices about drugs - whether good or bad for themselves. They don't put alcoholics in prison do they? Make all drugs legal for adults. Make voluntary drug treatment available. Drug use will decline.
 
congress to legalize marijuana/cannabis Sativa.

http://blog.mpp.org/prohibition/congress-to-consider-allowing-marijuana-possession/06182009/

Congress to consider allowing marijuana possession
by Ben Morris

Congressman Barney Frank (D-Mass.) introduced legislation today to remove criminal penalties for marijuana possession at the federal level. The Personal Use of Marijuana by Responsible Adults Act of 2009 would remove penalties for possession of up to 3.5 ounces of marijuana and the not-for-profit transfer of 1 ounce.

Please take action today to support this important legislation.

Congressman Frank’s legislation seeks to bring federal law in line with reality. 99% of all marijuana arrests occur at the state and local level. In practice, federal laws prohibiting marijuana possession act as a deterrent to states that may want a more sensible policy. Congressman Frank’s bill would remove that deterrent and push U.S. marijuana policy in the right direction.

The bill’s introduction comes amidst unprecedented momentum for reform, but it will still face significant opposition in Congress — so please visit mpp.org/federal-action and take action today!
 
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Unfortunately this does nothing about other drugs. We will see Marijuana decriminalization soon; but nothing concerning the CsA.
 
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