Policy

More on the Frank/Paul Marijuana Legalization Bill

|

The marijuana legalization bill announced today by Reps. Barney Frank (D-Mass.) and Ron Paul (R-Texas), H.R. 2306, would repeal federal penalties for production, distribution, and possession of the drug, leaving the states free to address the issue as they see fit. Under the bill (which Mike Riggs anticipated yesterday), the federal government's role would be limited to preventing importation of marijuana into states that continue to ban it. The Ending Federal Marijuana Prohibition Act of 2011 is consciously modeled after the repeal of the 18th Amendment, which allowed states to establish their own rules governing alcohol. This is the first time such a bill has been introduced.

During a conference call today, Frank suggested what he'd like to see states do with their new autonomy, expressing his view that "prosecuting responsible adults who make the decision that they wish to smoke marijuana interferes with their personal freedom." He said he was "particularly struck by the hypocrisy of public officials who will themselves talk about smoking marijuana, wink at it, and then make it criminal for other people," which results in "a very discriminatory pattern of enforcement." (Ahem, Bloomberg.) Frank conceded the bill "has no chance of passing" anytime soon, but added, "I think we are making progress. I think the public is way ahead of the legislators on this….This is an educational process."

I'll post the bill's text once I have it.

Addendum: Here it is. The bill amends the Controlled Substances Act so that marijuana is no longer a scheduled drug and declares:

This Act [the CSA] 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.