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.
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