Barney Frank Introduces Marijuana Legislation

Representative Barney Frank of Massachusetts has introduced two pieces of legislation on marijuana -- one medical, and one recreational -- that deserve a lot more attention (and support by fellow House members) than they have been getting. The first would change federal law to allow states to experiment with medical marijuana without interference from Washington. And the second would drastically reduce federal penalties for "personal possession" of marijuana.

The medical marijuana bill aims to fix a problem in the federal classification of marijuana. The problem was best summed up in a live performance by Bill Maher I saw a number of months ago, where he talked about medical marijuana laws that states such as California (and others) have passed. I don't remember his exact words, but it went something like this: "It's still illegal to grow it, it's illegal for doctors to prescribe it, it's illegal to sell it, it's illegal to buy it, but if a joint happens to fall from the sky into your lips, then it's OK to smoke it."

There's a reason for this legal disconnect. States are afraid of legalizing a production chain for marijuana because such legislative attempts always run into a brick wall called "federal law." Federal law always trumps state law, and federal law says that marijuana is illegal. Period. Federal law also states that marijuana has no medical value, and therefore even doctors who prescribe it are at risk of legal trouble with the feds for doing so.

A few months back, I called upon President Obama to reclassify marijuana as a Schedule II Controlled Dangerous Substance, instead of Schedule I. The difference between the two is that Schedule I drugs have "no currently accepted medical use." Schedule II drugs do. Schedule II drugs (which include cocaine, opium, amphetamine, methamphetamine, and PCP) are just as illegal as Schedule I drugs, but doctors are still allowed to prescribe them. That's really the only difference between the two.

The first of Frank's bills, (which you can look up under the number "HR 2835") is titled "The Marijuana Patient Protection Act" and (from Frank's press release): "would prevent federal authorities from prosecuting pharmacies, growers and users of medical marijuana in states where the use of the substance for medical reasons is legal."

Congressman Frank himself says about his bill:

"There are some people who are in severe pain for whom nothing else seems to work. It is cruel to prevent them from having access to something which helps relieve their pain. This is especially true because so many states allow it. For the federal government to come in and supersede state law is a real mistake."

His bill, to date, has 16 cosponsors, including two Republicans (Ron Paul and Dana Rohrabacher). Barney Frank has been fighting this battle for a long time, and has introduced similar legislation in every Congress since 1995, when he picked up the baton from the late Congressman McKinney from Connecticut (Frank had supported McKinney's bills for ten years prior to introducing his own bill in 1995).

Back in 2006, when he introduced a similar bill, Frank was more expansive:

"This is an issue on which people around the country are ahead of the politicians. Many elected officials are hesitant to support any proposals that might be viewed as weakening our drug laws, but I believe this is a common sense idea that will give some people who are suffering a measure of relief.

"If there are doctors willing to recommend the use of marijuana for their patients, and states willing to permit it, I think it's wrong for the federal government to subject either the doctors or the patients to criminal prosecution. Nothing in this proposal would make marijuana more available for the general population. The bill is limited to medicinal use of marijuana with a doctor's approval. The bill does, however, offer a challenge to conservatives who often profess their support for states' rights. I am delighted that some of my conservative colleagues, including Congressmen Ron Paul and Dana Rohrabacher, along with former Reagan Administration official Lyn Nofziger, have joined in this effort.

"I would add that taking legal action against those who use small quantities of marijuana for medical purposes is a highly questionable use of scarce prosecutorial resources at a time when they could be put to much better use."

The second legislation Congressman Frank introduced recently is "The Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults" (search for it under "HR 2943"), which would (again, from Frank's press release): "eliminate federal penalties, but not override existing state law, on the possession or not-for-profit transfer of small amounts of marijuana. The bill would allow possession of up to 100 grams of the substance, and not-for-profit transfer of up to 28.3 grams (1 ounce). The legislation would also create a $100 fine (a civil penalty) for public use of marijuana."

This is a harder row to hoe politically, which is why Frank lists responses to common criticisms:

• The legislation would not affect federal laws prohibiting the cultivation or sale of marijuana for profit.


• It would not legalize major drug dealing or create obstacles for federal officials from prosecuting such activity.


• It would not affect any state or local laws regulating marijuana.


• It would not alter the status of marijuana as a Schedule I drug under the Controlled Substances Act

 

That last one is a bit of a disconnect, since H.R. 2835 would do exactly that, making it a bit odd in a press release that highlights both bills. Frank has, so far, gotten less support for H.R. 2943 than for the medical marijuana bill, shown by the fact that there are currently only four cosponsors (two of which are the aforementioned Republicans).

But Frank doesn't mince words on this issue either: "I think John Stuart Mill had it right in the 1850s, when he argued that individuals should have the right to do what they want in private, so long as they don't hurt anyone else. It's a matter of personal liberty. Moreover, our courts are already stressed and our prisons are over-crowded. We don't need to spend our scarce resources prosecuting people who are doing no harm to others."

The congressman does not say, but I am assuming he is referring to the Mill quote:

"The only freedom which deserves the name is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it. Each is the proper guardian of his own health, whether bodily, or mental or spiritual. Mankind are greater gainers by suffering each other to live as seems good to themselves, than by compelling each to live as seems good to the rest."

The question now is whether either of these bills is going to get anywhere. Frank's press office was not overly optimistic about chances for passage this year, seeing as how he's been fighting to get this done for almost a quarter-century now. A call to Henry Waxman's office (the chairman of the House committee both bills have been referred to) asking when the committee would hold a vote or move the legislation went unreturned by my deadline. A call to the White House press office asking whether President Obama could sign, or would support, this legislation also went unreturned.

It's all fine and good that Obama has said that his administration wouldn't be going after legal (by state law) medical marijuana facilities, but the only way to guarantee that this policy outlives his term in office is to change the classification from Schedule I to Schedule II. This would allow the states to set up their own framework for the legal growth, transportation, and availability of marijuana to medical patients, without being worried about the heavy hand of Washington smacking down their efforts. Changing marijuana's classification, and reducing federal penalties for personal use are both commonsense changes at the federal level which are long overdue. While Barney Frank is to be applauded for pushing the issue forward, he cannot do this on his own.

Like other issues Democrats have dragged their heels on, one has to wonder: "If not now, when?" How many Democrats do we need to elect to Congress before such commonsense laws are passed to rein in some of the excesses of past eras? How big a majority would it take? I strongly encourage anyone who cares about this issue to search for the these bills' cosponsors, and if you don't see your representative on those lists, contact them and ask them why they aren't.

 

[Technical note: The Library of Congress' THOMAS site is a great resource for looking up the text and details of bills as they wend their way through Congress. However, the links they return when you search for a bill seem to be temporary, and do not work hours after you post them. So I apologize for the hassle of doing your own searches instead of providing direct links. Go to the THOMAS site, click on "search on bill number" to see details of bills.]

 

Chris Weigant blogs at: ChrisWeigant.com

 

Comments

[incognito-ergo-sum]

Some early research shows that a paste of cannabis can fight skin infections from MRSA virus. Hope that is true because I had one on my back and applying a little paste would be worlds better than what I went through.

[Coinyer101]

Barney Frank/Ron Paul 2012

[or vice versa]

[hrholmes]

in case you just have to find some facts and truth also too you betcha;

http://www.americandrugwar.com/

[hrholmes]

It is a small and necessary first step. I sure am glad that it still makes it illegal in quantity so the drug cartels and dealers don't have to take a hit. At $5 per ounce instead of $150 those poor folks would be impoverished and all those gubmint non-workers at the DEA wouldn't have much if anything left to do. We would also empty out millions of folks from our huge penal system. What would we do with all those guards and paperwork people we have to pay for not to mention their salaries and benefits. Legalization would make way to much sense for Congress especially our spineless leaders Reid and Pelosi.

[realpolitic]

Party on, Barney! Actually it is time to decriminalize marijuana. We have too many spending too much time in prison for small possession offenses.

[akuma river]

I support this.

How many billions of dollars is spent each year hunting down pot, pot planters, pot smokers and jailing them with hardcore criminals such as rapists and murders?

How much money can we save? How much money can this government make off of this?

In times of economic crisis we need to cut out needed expensives and those that are useless, the war on drugs is one of those. It's a black hole in the amount of government spending for these agencies, hunting these people and the money spent on prosecuting them and keeping them in prison?

How much has been in just ten years? Over a trillion?

[pepper47]

There is hundredfold more vice simply because of the laws, that has nothing to do with marijuana. legalizing it would take it out the violence, that comes as a result of any crime.

[kciv]

The problem is that there are too many lobbyists and politicians against legalization of or even medicinal cannabis. The pharmaceutical companies cannot afford to have a new drug that patients are able to grow themselves instead of paying outrageous medication costs that are part of our bureaucratic health care system.

The mindset in this country is changing, but it is still heavily influenced by the archaic views of old white men that care about the dollars in their pockets and not what the actual American people want and deserve.

Glenn Beck recently criticized Mexico for "decriminalizing weed when they are in the middle of a drug war," claiming they are taking on more problems while they are trying to deal with others. Mexico is far ahead of us in this area, and ironically it is our demand for drugs (mainly marijuana) that is fueling the drug war in Mexico.

People simply don't realize that the issues surrounding cannabis are mainly legal. Right now it is just too easy to just fall back on the "oh what about the kids" argument and play into brainwashed Americans' false fears regarding drug use.

[allegorphian]

I wish we could quit blaming ills on "old white guys," like myself. I'm 70, liberal as hell, and have raised MJ in the past. Now I smoke it frequently, for relaxation, sleep, appetite and libido (what I have left), and have yet to see a third eye growing in my forehead. Enough! Enough! Enough on this subject! Just legalize the stuff and we can all shut up about it. My God! I've heard some of these same arguments against pot since the 1950s, and this whole dialogue is a ridiculous waste of time. The bottom line is pot is illegal for the obvious reason: Too many people profit from it, and the hypocrisy is many of those against it secretly smoke it. I have some insights, having been a newspaperman 30 years. Puff the Magic Dragon!

[kciv]

Sorry, didn't mean to offend you; I admit "old white men" was not a good label for the large group of politicians that oppose legalization.

Not every old white man is necessarily against cannabis. What I mean is that the dollars and thus control over a situation like this tend to be in the pockets of conservative, traditionalist and often-times white politicians.

Cannabis supporters tend to be younger, at least from what I've experienced in my short life. It is refreshing to see older folks like yourself, though, that have endured the long hardships of the US war on drugs.

[Icemaan]

The bottom line is the FDA doesn't want it cause they would loose money, same for the alcohol companies. Both who pay our politicos money to keep surpressing a plant that has caused no harm.
Imagine if got ahead of everybody and started exporting it medically, a new crop for America!!!

[ThomasJefferson420]

thank you thank you thank you Barney Frank , Ron Paul and Dana Rohrabacher.

[SinfullySublime]

Heartily seconded. It's "high" time we get back to "government by THE PEOPLE, for THE PEOPLE, and of THE PEOPLE!" The Feds back porch could use a good sweeping.

[Lilith33]

Its about time we put an end to these stupid laws.Pot and hemp should be grown for medicine,Paper cloth and fuel. they are a weed and dont need alot of chemecals to grow.

[PRAYFORJUSTICE]

Well as far as that goes I guess for medical purposes it's ok, but for recreational purposes I don't really think that would be a good idea, can you just imagine our kids are already borderline stupid with the things they do as far as drugs why entice them into getting high and then maybe moving on to some other kind of drug. Whats wrong with everyone what happened to our morals or have they been sold down the river too, along with everything else.If everyone keeps listening to these nitwits were going to be in a whole lot of trouble, why worry about terrorism when what we have right now is alot worst, what has truly happened to America,don't let some pie in the sky tempt you into giving up your values, our youth is out of control crime is skyhigh education is being cut to nothing what are we going to have running our country,I think the whole world is watching us and laughing at how stupid this country has become!!!!

[fumes]

''..don't let some pie in the sky tempt you..''

''..I think the whole world is watching us and laughing..''

and you have a computer and apparently know how to use it?

roflmao..

[redstrat]

legalization is about keeing it out of reach of kids, its now easier for kids to get cannabis than alcohol or tobacco, why can't we learn from this example and use regulation and taxation to keep cannabis sales undercontrol just like booze and tobacco.

[SamKnause]

Please use you computer to educate yourself on this subject. Children can get marijuana easier then they can get beer or cigarettes. It has nothing to do with morals. It is a natural plant, not man made. It has many medicinal uses. It has a calming effect. You are right the world is watching us and l00 years from now they will wonder why it took so long for us to use this plant for all the good that it does. It is not a gateway drug. Alcohol and cigarettes are. It does not cause brain damage. It kills cancer cells in the brain and lungs. It has the highest content of Omega 3. If you are truly interested do the research and don't believe the reports of the big pharmaceutical companies and the reefer madness activists.

[SinfullySublime]

The US is the ONLY industrialized nation which refuses to avail itself of the numerous benefits of cannabis hemp. Leader of the free world? What is wrong with this picture?? Every. Freaking. Thing.

[wetdentist]

i am so so sick of "the children"! why does every argument against revisiting this ridiculous policy have to involve an incantation regarding "the children"? i remember when i was growing up back in the 80s (i.e. high school) it was so easy to get a fake ID, and it was easy to USE that fake ID. high school parties were awash in beer and liquor (and TONS of wine coolers). let's face it, laws were lax back then; oftentimes when someone was caught DUI, they were told to just drive home. then things tightened up: crackdowns on establishments that sold to minors, efforts by the states to make drivers licenses much more difficult to forge, colleges made underage drinking more of a priority, and much tougher anti-drinking and driving campaigns took effect in the 90s. nowadays, if you furnish alcohol to a minor, you are a pariah for life. alcohol is legal for people over 21; people are free to ruin their lives, if they so choose, with alcohol . . . free to rot their brains, free to bloat their livers, etc etc. unfortunately, marijuana has been demonized so thoroughly that it becomes impossible to hold a reasonable conversation about changing the laws with people that oppose it because many have been so brainwashed by government propaganda. where are all these people who are so worried about the children when the pharmaceutical companies and their "doctor" drug-dealers when kids get Ritalin or Seroquel funneled down their throats? huh?

[SamKnause]

I agree with you 100 %. I am so sick of the children argument.

[redstrat]

where is the "moralitiy" in hypocrisy and the lies of propaganda.

[caryberry]

Very well put.

Using "the children" as an argument for morality or law making has shoved our country into trying to legislate behavior. Look at what a great job the government has done at educating "the children".

It is not the government's job to raise children and that includes paying for them or teaching them right from wrong.

[fumes]

it's for the children..

that it should be legalized!!

[gumbygirl]

You have written a sentence with over seventy words. I don't think you are the poster child for "the good old days" of American education.

[krechsd]

In the '70's, when California decriminalized posession of marijuana, I thought that within a few years the rest of the country would follow suit. But here we sit,nearly 40 years later with the religious right dictating our lives and freedom. I've contacted my Congressman re: Barney Franks legislation. Please contact yours.

[AmandaSabater]

Barney, you are my hero...........with all the issues that we are facing today, two wars, healthcare, unemployment in additon to increasing uncertainty we are going to need something to help us cope with all of this.............This is the perfect time for marijuana decriminalization......and i'm not being sarcastic.

[fumes]

second!

[redstrat]

third

[zizyphus]

Whether or not cannabis legalized or decriminalized, the fact remains that the at least 25 million Americans who enjoy smoking it for whatever reasons, are not going to stop smoking it, no matter what the feds do.

Despite the years of lies and propaganda, the billions spent on punishing the free thinkers, the people know that cannabis is good, and good for you.

Congratulations to the millions who insist on the right to think for themselves. They have kept cannabis culture alive.

[Harold Stone]

--the people know that cannabis is good, and good for you.

Are you 19 years old?

Pot shouldn't be legalized because it's harmless, it should be legalized because it's harmful.

[fumes]

''..it should be legalized because it's harmful.''

did you misspeak or mis-think?

[Harold Stone]

Medical issues aside, I would say that throwing people in jail for using pot is fairly harmful.

I also believe that its effects are harmful to many people, but if it were legal people could decide that for themselves, and more easily get help if they choose to.

I know that this is the time that the world will weigh in and tell me how wonderful and harmless pot is. If you believe that, good for you! My understanding of this issue is different than yours.

[emlr]

Barney Frank
The only congressman with huge cajones!
Thank you Barney!