Julie Gardener
New Member
Help Support Federal Legislation To End Marijuana Prohibition Act of 2011
Lawmakers for the first time have introduced legislation in Congress that seeks to end the federal criminalization of the personal use of marijuana.
On June 23, Representatives Barney Frank (D-MA) and Ron Paul (R-TX) introduced legislation that would allow states to tax and regulate marijuana — ending Federal marijuana prohibition as we know it.
This is an historic opportunity — and we’ve got to seize it. So we’ve created this simple contact form where you can easily urge your Member of Congress to support this bipartisan legislation. Will you take a moment to be heard?
The measure, entitled the ‘Ending Federal Marijuana Prohibition Act of 2011,’ prohibits the federal government from prosecuting adults who use or possess marijuana by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970.
Under present law, all varieties of the marijuana plant are defined as illicit Schedule I controlled substances, defined as possessing ‘a high potential for abuse,’ and ‘no currently accepted medical use in treatment.’
The ‘Ending Federal Marijuana Prohibition Act’ seeks to federally deregulate the personal possession and use of marijuana by adults. It marks the first time that members of Congress have introduced legislation to eliminate the federal criminalization of marijuana since the passage of the Marihuana Tax Act of 1937.
Language in this Act mimics changes enacted by Congress to repeal the federal prohibition of alcohol. Passage of this measure would remove the existing conflict between federal law and the laws of those sixteen states that allow for the limited use of marijuana under a physicians’ supervision. It would also allow state governments that wish to fully legalize and regulate the responsible use, possession, and production of marijuana for all adults to be free to do so without federal interference.
The federal criminalization of marijuana has failed to reduce the public’s demand or access to cannabis, and it has imposed enormous fiscal and human costs upon the American people. It is time to end this failed public policy and to provide state governments with the freedom to enact alternative strategies — such as medicalization, decriminalization, and/or legalization — without running afoul of the federal law. Please urge your United States Representative to co-sponsor and/or support the ‘Ending Federal Marijuana Prohibition Act of 2011’ by entering your zip code below.
Following is the full BIll...
H. R. 2306
A BILL
To limit the application of Federal laws to the distribution and consumption of marihuana,
and for other purposes.
A BILL
To limit the application of Federal laws to the distribution and consumption of marihuana,
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 “Ending Federal Marijuana Prohibition Act of 2011″
SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.
Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:
SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.
a. PROHIBITION ON CERTAIN SHIPPING OR TRANSPORTATION. -This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof.”
b. PENALTY. -Whoever knowingly violates sub-section (a) shall be fined under title 18, United States 26 Code, or imprisoned not more than one year, or both.”
SEC. 3. DEREGULATION OF MARIHUANA.
a. REMOVED FROM SCHEDULE OF CONTROLLED SUBSTANCES. -Schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812(c)) is amended—
1. by striking “marihuana”; and
2. by striking “tetrahydrocannabinols”.
b. REMOVAL OF PROHIBITION ON IMPORT AND EXPORT. -Section 1010 of the Controlled Substances Importand Export Act (21 U.S.C. 960) is amended—
1. by striking subparagraph (G) of subsection(b)(1);
2. by striking subparagraph (G) of subsection(b)(2); and
3. by striking paragraph (4) of subsection (b).
SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
a. Section 102(44) of the Controlled Substances Act (21 U.S.C. 802(44)) is amended by striking “marihuana”.
b. Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended as follows:
1. In section 401—
A. by striking subsection (b)(1)(A)(vii);
B. by striking subsection (b)(1)(B)(vii);
C. by striking subsection (b)(1)(D); and
D. by striking subsection (b)(4).
2. In section 402(c)(2)(B), by striking “marihuana”
3. In section 403(d)(1), by striking “marihuana”
4. In section 418(a), by striking the last sentence
5. In section 419(a), by striking the last sentence
6. In section 422(d), in the matter preceding paragraph (1), by striking “marijuana”.
7. In section 422(d)(5), by striking “, such as a marihuana cigarette,”
SEC. 5. CONSTRUCTION.
No provision of this Act shall be construed to affect Federal drug testing policies, and each Federal agency shall conduct a review of its drug testing policies not later than 30 days after the date of enactment of this Act to ensure that the language of any such policy is in accordance with this section.
Sources: Full Text of bill: HR 2306: Ending Federal Marijuana Prohibition Act of 2011 | Prohibition's End
Norml.org