PFlynn
New Member
Washington, D.C. - Two bills introduced into the U.S. House of Representatives last week would put a serious dent into federal prosecution of medical use of marijuana and offer protection to patients who use it.
Representative Barney Frank (D-Massachusetts) is a leader on both measures, which were introduced April 17. The Medical Marijuana Patient Protection Act (HR 5842) would reschedule marijuana a from a Schedule I to a Schedule II drug under the Controlled Substances Act. The change would allow physicians to recommend use of marijuana under conditions set by state law.
The other bill, the Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults (HR 5843) would eliminate federal penalties for the possession of small amounts (up to 100 grams) or not-for-profit transfer of small amounts (up to one ounce, 28.3 grams) of marijuana. It would create a civil penalty of $100 for the public use of marijuana.
The bill would not legalize growing or distribution of commercial quantities of marijuana, nor would it affect any state 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," Frank said in introducing the measures.
"Literally, to make a 'federal case' out of it is wholly disproportionate to the activity involved," Frank added. "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."
Continuing on that topic, Frank said, "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."
Keith Stroup, legal counsel for the National Organization for the Reform of Marijuana Laws, said no decriminalization bill has been introduce in 37 years. "If passed by Congress, this legislation would legalize the possession, use, and nonprofit transfer of marijuana by adults for the first time since 1937."
The bill incorporates the basic recommendations of the National Commission on Marijuana and Drug Abuse -- Marihuana, A Signal of Misunderstanding - Table of Contents -- which was issued in 1972 during the Nixon administration.
"Congressman Frank's bill represents a major step toward sanity in federal marijuana policy," said Aaron Houston with the Marijuana Policy Project. "The decades-long federal war on marijuana protects no one and in fact has ruined countless lives. Most Americans do not believe that simple possession of a small amount of marijuana should be a criminal matter, and it's time Congress listened to the voters."
The lead sponsor of the medical marijuana bill is Representative Ron Paul (R-Texas). The bipartisan group of initial co-sponsors includes Sam Farr (D-California), Frank, Maurice Hinchey (D-New York), and Dana Rohrabacher (R-California). They had supported similar legislation in earlier sessions of Congress but no hearings were ever held on those bills.
Caren Woodson, speaking for Americans for Safe Access, said, "By disregarding marijuana's medical efficacy, and undermining efforts to implement state laws, the federal government is willfully placing hundreds of thousands of sick Americans in harm's way." The nationwide group advocates for medical marijuana.
Pain Study
A study published online in the Journal of Pain on April 17 offered further evidence of the utility of marijuana in reducing pain. It was conducted at the University of California, Davis with 38 patients experiencing neuropathic pain from diabetes, spinal injury, and multiple sclerosis.
THC is the major active chemical in marijuana believed to relieve pain. Patients were given marijuana cigarettes containing zero percent, 3.5 percent, or 7 percent THC and were asked to take the same number of puffs in the same manner so that the dose was controlled.
The patients experienced no relief when they smoked the cigarette containing no THC, but roughly similar relief when smoking either dose of the cigarettes containing THC. The relief lasted over five hours. The higher dose did result in a temporary slowing of memory and problem solving.
In other medical marijuana news, San Francisco Mayor Gavin Newsom this month sent a letter to Representative John Conyers (D-Michigan), chair of the House Judiciary Committee, urging the panel to investigate the federal Drug Enforcement Administration's heavy-handed tactics against landlords of medical cannabis dispensaries throughout California.
Newsom wrote that the city recently passed a resolution confirming that San Francisco is a sanctuary for medical cannabis, including property owners who, pursuant to city regulations, lease space to the dispensaries. Newsom said the city opposes DEA "interference in medical cannabis dispensing and the recent issuing sensational threatening letters to these property owners threatening asset forfeiture and imprisonment."
Source: Bay Area Reporter (San Francisco, CA)
Copyright: 2008 The Bay Area Reporter
Contact: news@ebar.com
Website: ebar.com | The Bay Area Reporter Online
Representative Barney Frank (D-Massachusetts) is a leader on both measures, which were introduced April 17. The Medical Marijuana Patient Protection Act (HR 5842) would reschedule marijuana a from a Schedule I to a Schedule II drug under the Controlled Substances Act. The change would allow physicians to recommend use of marijuana under conditions set by state law.
The other bill, the Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults (HR 5843) would eliminate federal penalties for the possession of small amounts (up to 100 grams) or not-for-profit transfer of small amounts (up to one ounce, 28.3 grams) of marijuana. It would create a civil penalty of $100 for the public use of marijuana.
The bill would not legalize growing or distribution of commercial quantities of marijuana, nor would it affect any state 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," Frank said in introducing the measures.
"Literally, to make a 'federal case' out of it is wholly disproportionate to the activity involved," Frank added. "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."
Continuing on that topic, Frank said, "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."
Keith Stroup, legal counsel for the National Organization for the Reform of Marijuana Laws, said no decriminalization bill has been introduce in 37 years. "If passed by Congress, this legislation would legalize the possession, use, and nonprofit transfer of marijuana by adults for the first time since 1937."
The bill incorporates the basic recommendations of the National Commission on Marijuana and Drug Abuse -- Marihuana, A Signal of Misunderstanding - Table of Contents -- which was issued in 1972 during the Nixon administration.
"Congressman Frank's bill represents a major step toward sanity in federal marijuana policy," said Aaron Houston with the Marijuana Policy Project. "The decades-long federal war on marijuana protects no one and in fact has ruined countless lives. Most Americans do not believe that simple possession of a small amount of marijuana should be a criminal matter, and it's time Congress listened to the voters."
The lead sponsor of the medical marijuana bill is Representative Ron Paul (R-Texas). The bipartisan group of initial co-sponsors includes Sam Farr (D-California), Frank, Maurice Hinchey (D-New York), and Dana Rohrabacher (R-California). They had supported similar legislation in earlier sessions of Congress but no hearings were ever held on those bills.
Caren Woodson, speaking for Americans for Safe Access, said, "By disregarding marijuana's medical efficacy, and undermining efforts to implement state laws, the federal government is willfully placing hundreds of thousands of sick Americans in harm's way." The nationwide group advocates for medical marijuana.
Pain Study
A study published online in the Journal of Pain on April 17 offered further evidence of the utility of marijuana in reducing pain. It was conducted at the University of California, Davis with 38 patients experiencing neuropathic pain from diabetes, spinal injury, and multiple sclerosis.
THC is the major active chemical in marijuana believed to relieve pain. Patients were given marijuana cigarettes containing zero percent, 3.5 percent, or 7 percent THC and were asked to take the same number of puffs in the same manner so that the dose was controlled.
The patients experienced no relief when they smoked the cigarette containing no THC, but roughly similar relief when smoking either dose of the cigarettes containing THC. The relief lasted over five hours. The higher dose did result in a temporary slowing of memory and problem solving.
In other medical marijuana news, San Francisco Mayor Gavin Newsom this month sent a letter to Representative John Conyers (D-Michigan), chair of the House Judiciary Committee, urging the panel to investigate the federal Drug Enforcement Administration's heavy-handed tactics against landlords of medical cannabis dispensaries throughout California.
Newsom wrote that the city recently passed a resolution confirming that San Francisco is a sanctuary for medical cannabis, including property owners who, pursuant to city regulations, lease space to the dispensaries. Newsom said the city opposes DEA "interference in medical cannabis dispensing and the recent issuing sensational threatening letters to these property owners threatening asset forfeiture and imprisonment."
Source: Bay Area Reporter (San Francisco, CA)
Copyright: 2008 The Bay Area Reporter
Contact: news@ebar.com
Website: ebar.com | The Bay Area Reporter Online
