Bill to decriminalize Marijuana

Discussion in 'Pandora's Box' started by GrimReefersGirl, Apr 19, 2008.

  1. I stole this off another site.


    March 22, 2008
    BOSTON—Rep. Barney Frank said he plans to file a bill to legalize "small amounts" of marijuana.





    Frank announced his plans late Friday on the HBO show "Real Time," hosted by Bill Maher.
    "I'm going to file a bill as soon as we go back to remove all federal penalties for the possession or use of small amounts of marijuana," Frank, a Massachusetts Democrat, told Maher.
    Frank didn't define "small amounts." Efforts to reach Frank on Saturday were not immediately successful.
    Frank said he'd filed a similar bill in the Massachusetts Legislature in the 1970s, but hasn't tried since he was elected to Congress.
    "I finally got to the point where I think I can get away with it," he said.
    Frank said he thinks "its time for the politicians in this one to catch up to the public. The notion that you lock people up for smoking marijuana is pretty silly."
    He told Maher he'd call the bill the "Make Room for Serious Criminals" bill.[​IMG]
     
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  2. I just posted about this over in my thread too. Theres also a link to email your state representative asking them to support this bill. This is great news that we are having this discussion in congress now. Definitely a step in the right direction!
     
  3. News release from Barney Frank

    _________________________________________________________

    Congressman, 4th District, Massachusetts
    2252 Rayburn Building · Washington, D.C. 20515 · (202) 225-5931




    April 17, 2008

    FRANK INTRODUCES LEGISLATION TO REMOVE FEDERAL PENALTIES ON PERSONAL MARIJUANA USE

    Congressman Also Files Bill Permitting Medical Use of Marijuana in States that Choose to Allow it with Doctor’s Recommendation


    Congressman Barney Frank today introduced bi-partisan legislation aimed at removing federal restrictions on the individual use of marijuana (HR 5843). One bill would remove federal penalties for the personal use of marijuana, and the other (HR 5842) – versions of which Frank has filed in several preceding sessions of Congress – would allow the medical use of marijuana in states that have chosen to make its use for medical purposes legal with a doctor’s recommendation. Representative Ron Paul (R-TX) joined Frank as a cosponsor of the federal penalties bill. The cosponsors of the medical marijuana bill are Rep. Paul, along with Reps. Maurice Hinchey (D-NY), Dana Rohrabacher (R-CA), and Sam Farr (D-CA).

    Congressman Frank released the following statement explaining the legislation.

    “I think it is poor law enforcement to keep on the books legislation that establishes as a crime something which in fact society does not seriously wish to prosecute. In my view, having federal law enforcement agents engaged in the prosecution of people who are personally using marijuana is a waste of scarce resources better used for serious crimes. In fact, this type of prosecution often meets with public disapproval. The most frequent recent examples have been federal prosecutions of individuals using marijuana for medical purposes in states that have voted – usually by public referenda – to allow such use. Because current federal law has been interpreted as superseding state law in this area, most states that have made medical use of marijuana legal have been unable to actually implement their laws.


    "When doctors recommend the use of marijuana for their patients and states are willing to permit it, I think it’s wrong for the federal government to subject either the doctors or the patients to criminal prosecution. More broadly speaking, the norm in America is for the states to decide whether particular behaviors should be made criminal. To make the smoking of marijuana, whether for medical purposes or not, one of those extremely rare instances of federal crime – literally, to make a ‘federal case’ out of it – is wholly disproportionate to the activity involved. We do not have federal criminal prohibitions against drinking alcoholic beverages, and there are generally no criminal penalties for the use of tobacco at the state and federal levels for adults. There is no rational argument for treating marijuana so differently from these other substances.”

    “To those who say that the government should not be encouraging the smoking of marijuana, my response is that I completely agree. But it is a great mistake to divide all human activity into two categories: those that are criminally prohibited, and those that are encouraged. In a free society, there must be a very considerable zone of activity between those two poles in which people are allowed to make their own choices as long as they are not impinging on the rights, freedom, or property of others. I believe it is important with regard to tobacco, marijuana and alcohol, among other things, that we strictly regulate the age at which people may use these substances. And, enforcement of age restrictions should be firm. But, criminalizing choices that adults make because we think they are unwise ones, when the choices involved have no negative effect on the rights of others, is not appropriate in a free society.”

    “If the laws I am proposing pass, states will still be free to treat marijuana as they wish. But I do not believe that the federal government should treat adults who choose to smoke marijuana as criminals. Federal law enforcement is a serious business, and we should be concentrating our efforts in this regard on measures that truly protect the public.”
     
  4. 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.
     

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