Cross your fingers, amirite?
Updated 04/18/08 10:58 AM EST | Today in Congress
Summary of HR 5843
An Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults,” sponsored by U.S. Representative Barney Frank (D-Mass.), would eliminate federal penalties for the possession or not-for-profit transfer of small amounts of marijuana. The bill would remove federal penalties at the federal level only: (1) possession of up to 100 grams of marijuana and (2) the not-for-profit transfer of one ounce (28.3 grams) of marijuana. Additionally, this legislation would provide for a civil penalty of $100 for the public use of marijuana.
FEDERAL LAW IS BEHIND THE TIMES
The federal government should remove the current conflict with state law and allow states to decide on these matters for themselves. Eleven states have laws that significantly reduce penalties for possession of small amounts of marijuana,1 in many cases providing for a mere civil fine.
Federal law should reflect the reality of the circumstances. Approximately 99% of marijuana arrests happen at the state and local level. Aside from a few isolated instances, the federal government generally does not arrest, prosecute, or even fine people for possession of “small amounts” of marijuana.
Law enforcement agencies should focus on the real criminals anyway. Given continuing special agent shortages at the DEA and the abiding threat of the violent criminal drug trade at the border, our scarce resources should be spent where they are most needed.
WHAT THE BILL WILL NOT DO
It would not affect federal laws prohibiting the sale of marijuana for profit, import and export of marijuana, or manufacturing (cultivating) marijuana.
It would not legalize major drug dealing or create obstacles for agents of the federal government seeking to prevent major drug dealing.
It would not affect any state or local laws and regulations.
It would not alter the legal status of marijuana as a Schedule I drug under the Controlled Substances Act (21 U.S.C. 801 et. seq.).
The states are: California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon.
again:
Federal Decriminalization Bill Introduced -- Bill Would End Federal Authority to Arrest Adults for Pot Possession
April 17, 2008 - Washington, DC, USA
Washington, DC: US Congressman Barney Frank (D-MA) introduced legislation in Congress today to strip the federal government of its authority to arrest responsible adult cannabis consumers. The measure, H.R. 5843, known as an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” is the first federal decriminalization legislation introduced in 24 years.
“It's time for the politicians to catch up with the public on this [issue],” Frank said. "The notion that you lock people up for smoking marijuana is pretty silly."
Frank's pending bill, co-sponsored by presidential candidate Rep. Ron Paul (R-TX), seeks to eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Under this measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. The bill also eliminates all penalties for the not-for-profit transfers of up to one ounce of pot.
NORML Legal Counsel Keith Stroup, who worked closely with Frank's staff to draft this legislation, said, "If passed by Congress, this legislation would legalize the possession, use, and non-profit transfer of marijuana by adults for the first time since 1937." The bill incorporates the basic recommendations of the National Commission on Marijuana and Drug Abuse (also known as the Shafer Commission).
Currently, twelve states have enacted various versions of marijuana decriminalization, eliminating criminal penalties for minor pot violations. According to federal data, passage of these laws has not subsequently led to increased marijuana use.
“This newly introduced legislation seeks to bring the federal government into line with the over 100 million Americans who currently live in a state or municipality that has already decriminalized cannabis possession,” NORML Executive Director Allen St. Pierre said today. “This year, the masses in the U.S. celebrating 4/20 really have something to rejoice, and to now lobby for.”
Similar statewide legislation is pending in New Hampshire and Vermont. Additionally, Massachusetts voters will decide on a statewide decriminalization measure this November.
According to a nationwide CNN/Time Magazine poll, more than three-quarters of American adults favor decriminalizing marijuana.
For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500. Supporters can write their Representatives in favor of this bill at: http://capwiz.com/norml2/issues/alert/?alertid=11280301&type=CO