H.R. 5843, The Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults

Mr. FRANK of Massachusetts (for himself and Mr. PAUL) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To eliminate most Federal penalties for possession of marijuana for personal use, and for other purposes.

• Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

• This Act may be cited as the `Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults’.

SEC. 2. ELIMINATION OF CERTAIN MARIJUANA-RELATED PENALTIES.

• Notwithstanding any other provision of law, no penalty may be imposed under an Act of Congress for the possession of marijuana for personal use, or for the not-for-profit transfer between adults of marijuana for personal use. For the purposes of this section, possession of 100 grams or less of marijuana shall be presumed to be for personal use, as shall the not-for-profit transfer of one ounce or less of marijuana, except that the civil penalty provided in section 405 of the Controlled Substances Act (21 U.S.C. 844a) may be imposed for the public use of marijuana if the amount of the penalty does not exceed $100.

Committee Assignments

This bill is in the first stage of the legislative process where the bill is considered in committee and may undergo significant changes in markup sessions. The bill has been referred to the following committees:

House Judiciary
House Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security
House Energy and Commerce
House Energy and Commerce, Subcommittee on Health

Each marijuana related arrest costs the federal government $10,400 on average. For this cost, a decrease in marijuana use would be expected, but instead marijuana use continues to increase. Legislators like Barney Frank and Ron Paul are breaking new ground that could take the drug war in the direction it needs to go. Arresting people for marijuana is a misuse of resources, and the money saved could be used to combat real threats to Americans.

Besides Representatives Barry Frank and Ron Paul, there were two other major organizations that helped write the bill. The National Organization for the Reform of Marijuana Laws (NORML) had a large hand in the formation of bill, working closely with Rep. Frank. The bill also relied heavily on information and advice from the federally-funded National Commission on Marijuana and Drug Abuse.

House Bill 5842 is also a very important decriminalization bill that will be voted on during this session. Also introduced by Rep. Frank, this bill would allow the states to choose if they will allow decriminalization and/or medical marijuana. It would prohibit any judicial action by the federal government in states where marijuana is decriminalized. Basically, the bill would make the Controlled Substance Act null and void in certain states because of their medical marijuana laws. It would allow medical professionals to prescribe marijuana; authorized users to grow, transport, and consume marijuana; and it would allow pharmacies to distribute marijuana.

H.R. 5842: Medical Marijuana Patient Protection Act

To provide for the medical use of marijuana in accordance with the laws of the various States.

• Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

• This Act may be cited as the `Medical Marijuana Patient Protection Act’.

SEC. 2. CONTROLLED SUBSTANCES ACT.

• (a) Schedule- Marijuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act.

• (b) Prescription or Recommendation-

• (1) IN GENERAL- No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law–

• (A) the prescription or recommendation of marijuana by a physician for medical use;

• (B) an individual from obtaining, possessing, or transporting within their State, manufacturing or using marijuana in accordance with a prescription or recommendation of marijuana by a physician for medical use by such individual hereinafter in this section referred to as `an authorized patient’;

• (C) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana from obtaining, possessing, transporting within their State, or manufacturing marijuana on an authorized patient’s behalf; or

SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.

• (a) In General- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law–

• (1) the prescription or recommendation of marijuana by a physician for medical use;

• (2) an individual from obtaining, possessing, or transporting within their State, manufacturing, or using marijuana in accordance with a prescription or recommendation of marijuana by a physician for medical use by such individual, hereinafter in this section referred to as `an authorized patient’;

• (3) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana from obtaining, possessing, transporting within their State, or manufacturing marijuana on an authorized patient’s behalf; or

• (b) Production- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in which marijuana may be prescribed or recommended by a physician for medical use, for the purpose of producing marijuana for prescription or recommendation by a physician for medical use from producing,

• processing, or distributing marijuana for such purpose.

SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.

• This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.

Pot for Pain: Congressman Ron Paul Introduces Medical Marijuana Legislation

Paul has introduced the “Medical Marijuana Patient Protection Act”, H.R. 5842, which would bar the Federal Government from intervening in doctor/patient relationships that violate no state law. This, by the way, is the second legislation co-sponsored by Congressman Paul dealing with the cannabis plant. More on that later.


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