PUMRAA

Personal Use of Marijuana by Responsible Adults Act (H.R.2943)

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

Introduced by Representative Barney Frank (MA-4)

Cosponsored by:
  • Representative Tammy Baldwin (WI-2)
  • Representative Maurice D. Hinchey (NY-22)
  • Representative Ron Paul (TX-14)
  • Representative Dana Rohrabacher (CA-46)
This law would remove federal penalties for possession by individuals of up to 100 grams (just over three and half ounces) of marijuana (cannabis), such as those who carry medical marijuana cards, and for the not-for-profit transfer (such as a medical marijuana doctor) of up to one ounce of marijuana, handing the issue to the states to decide whether or not make it illegal.

Under current federal law, defendants found guilty of possessing small amounts of cannabis, even with a medical marijuana card, for their own personal use face up to one year imprisonment and a $1,000 fine. This also places medical marijuana doctors at risk of prosecution, even though some states have decriminalized the use of marijuana in small amounts already.

Go to the P.U.M.R.A.A. Forum

Go to the P.U.M.R.A.A. Forum

Go to the P.U.M.R.A.A. Forum

BILL TEXT:

H. R. 2943

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

IN THE HOUSE OF REPRESENTATIVES

June 18, 2009


Mr. FRANK of Massachusetts (for himself, Ms. BALDWIN, Mr. PAUL, Mr. ROHRABACHER, and Mr. HINCHEY) 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

A BILL

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 `Personal Use of Marijuana by Responsible Adults Act of 2009'.

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.

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Representative Barney Frank:

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.

Go to the P.U.M.R.A.A. Forum
External Sources

GovTrack.us - Library of Congress