The Ending Federal Marijuana Prohibition Act is a series of federal marijuana decriminalization bills that have been introduced multiple times in the United States Congress.
The bills propose to legalize and end the prohibition of marijuana at the federal level by amending the United States Code (removing Marijuana from the Controlled Substances Act). The bills eliminate criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. Unless in violation of the laws of the jurisdiction thereof: they would allow the shipment and transportation of marijuana between states and territories of the United States, and exportation and importation to and from foreign states. [1] They would transfer the authority to regulate marijuana from the Drug Enforcement Administration to the Bureau of Alcohol, Tobacco, Firearms, and Explosives. [2]
The use, sale and possession of cannabis (marijuana) in the United States is illegal under federal law. However, some states have created exemptions for medical cannabis use, as well as decriminalized non-medical cannabis use. In eleven states, Colorado, Washington, Oregon, California, Alaska, Illinois, Nevada, Massachusetts, Michigan, Maine, and Vermont, the sale and possession of marijuana is legal for both medical and non-medical use. These laws are still somewhat uncertain however, because the states have one year to write laws on distribution and regulation of marijuana.
In July 2009, Gil Kerlikowske, Director of the Office of National Drug Control Policy, further clarified the federal government's position when he stated that "marijuana is dangerous and has no medicinal benefit" and that "legalization is not in the president's vocabulary, and it's not in mine." [3] However, a January 2010 settlement between the U.S. Drug Enforcement Administration and the Wo/Men's Alliance for Medical Marijuana (WAMM) provides an example confirming the administration policy as communicated by Attorney General Holder, as WAMM reached an agreement to re-open after being shut down by the federal government in 2002. [4] [5]
On November 6, 2012, voters in Colorado and Washington approved measures that legalize non-medical use of cannabis—the first states in the nation to do so. [6]
After the election in 2012, the Office of National Drug Control Policy of the Obama administration stated that it "steadfastly opposes legalization of marijuana and other drugs because legalization would increase the availability and use of illicit drugs, and pose significant health and safety risks". [7]
According to a 2013 survey by Pew Research Center, a majority of Americans are in favor of complete or partial legalization of cannabis. [8] The survey showed 52% of respondents support cannabis legalization and 45% do not. College graduates' support increased from 39% to 52% in just three years, the support of self-identified conservative republicans (a group not traditionally supportive of cannabis legalization) has increased to nearly 30%, and bipartisan support has increased across the board.
The series of bills were introduced into the 112th Congress (as H.R. 2306, the Ending Federal Marijuana Prohibition Act of 2011), [9] the 113th Congress (as H.R.499, the Ending Federal Marijuana Prohibition Act of 2013), [10] the 114th Congress (as S. 2237, the Ending Federal Marijuana Prohibition Act of 2015), [11] the 115th Congress (as H.R. 1227, the Ending Federal Marijuana Prohibition Act of 2017) [12] and the 116th Congress (as H.R. 1588). [13]
The Ending Federal Marijuana Prohibition Act of 2013 would have directed the Attorney General to issue a final order that removes marijuana in any form from all federal schedules of controlled substances under the Controlled Substances Act. [2] It would have amended the Controlled Substances Act to: [2]
The Ending Federal Marijuana Prohibition Act of 2013 would have prohibited shipping or transporting marijuana from any place outside a jurisdiction of the United States into such a jurisdiction in which its possession, use, or sale is prohibited. [2]
The Ending Federal Marijuana Prohibition Act of 2013 would have also eliminated marijuana as:
The bills would have amended the Federal Alcohol Administration Act to set forth procedures for the issuance and revocation by the United States Secretary of the Treasury of permits for importing, shipping or selling in interstate or foreign commerce, purchasing for resale, producing, packaging, or warehousing marijuana. [2] The bill would have prohibited any person from engaging in such conduct without a permit, subject to a $1,000 fine and/or a $500 payment. [2] It also would have established criteria for ineligible applicants and disqualifying offenses.
The Ending Federal Marijuana Prohibition Act of 2013 would have subjected marijuana to the provisions that apply to: (1) intoxicating liquors under the Original Packages Act, the Webb-Kenyon Act, and the Victims of Trafficking and Violence Protection Act of 2000; and (2) distilled spirits under the Federal Alcohol Administration Act. [2]
The bill would have granted the Food and Drug Administration (FDA) the same authorities with respect to marijuana as it has for alcohol. [2] It would have transferred functions of the Administrator of the Drug Enforcement Administration (DEA) relating to marijuana enforcement to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). [2] The bill would have renamed: (1) ATF as the Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives; and (2) the Alcohol and Tobacco Tax and Trade Bureau as the Alcohol, Tobacco, and Marijuana Tax and Trade Bureau. [2]
Finally, the bill have directed the Comptroller General to review federal laws, regulations, and policies to determine if changes are desirable in light of this Act. [2]
The Ending Federal Marijuana Prohibition Act of 2013 was introduced into the United States House of Representatives on February 5, 2013 by Rep. Jared Polis (D, CO-2). [2] It was referred to the United States House Committee on the Judiciary, the United States House Committee on Energy and Commerce, the United States House Committee on Ways and Means, the United States House Committee on Natural Resources, and the United States House Committee on Agriculture immediately. [2] It was subsequently referred to the United States House Energy Subcommittee on Health (February 8, 2013), the United States House Natural Resources Subcommittee on Public Lands and Environmental Regulation (February 14, 2013), United States House Agriculture Subcommittee on Conservation, Energy, and Forestry (February 25, 2013), and the United States House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations (February 28, 2013). [2]
Organizations such as National Organization for the Reform of Marijuana Laws (NORML) supported the bill. [14] Also the editorial board of The New York Times expressed support for repealing the federal ban on marijuana. [15]
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
Jared Schutz Polis is an American politician, businessman, and philanthropist serving as the 43rd governor of Colorado since 2019.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
David Patrick Joyce is an American politician and attorney currently serving in the United States House of Representatives for Ohio's 14th congressional district since 2013. A member of the Republican Party, Joyce was previously the prosecutor of Geauga County, Ohio. He chairs the Republican Governance Group.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
House Resolution 1227, "Ending Federal Marijuana Prohibition Act of 2017", is a U.S. United States House resolution introduced during the 115th Congress. It would remove cannabis from the Controlled Substances Act Schedule I, and eliminate Federal restrictions on cannabis possession and sale, other than interstate transfers. It was initially sponsored by Thomas Garrett Jr., a Virginia Republican, and cosponsored by Scott Taylor, also a Virginia Republican, and Tulsi Gabbard, a Hawaii Democrat. It is reintroduced legislation from 2015, when it was known as S. 2237. Other Representatives who joined as cosponsors included Justin Amash, a Michigan Republican. On April 20, 2017, activists from D.C. Cannabis Campaign distributed 1,227 joints made from 1 pound (0.45 kg) of cannabis to members of congress to urge consideration of the bill.
The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act was a bill proposed in the 115th United States Congress that would recognize legalization of cannabis and the U.S. state laws that have legalized it through their legislatures or citizen initiative. It was introduced on June 7, 2018, by Senators Cory Gardner and Elizabeth Warren. A companion bill was introduced the same day in the House of Representatives, sponsored by Earl Blumenauer and David Joyce. The act would amend the Controlled Substances Act of 1970 to exempt from federal enforcement individuals or corporations in states who are in compliance with U.S. state, U.S. territory and the District of Columbia, or tribal law on cannabis, with certain additional provisions such as minimum ages. The banking provisions of the STATES Act have been reintroduced as the Secure and Fair Enforcement (SAFE) Banking Act of 2019 in the 116th U.S. Congress by Ed Perlmutter in the House, and by Jeff Merkley in the Senate. As of September 18, 2019, the House bill had 206 cosponsors, and the Senate bill had 33 cosponsors.
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The Marijuana Justice Act (S.1689) was a 2017 bill to remove cannabis from the Controlled Substances Act, sponsored by U.S. Senator Cory Booker. An identical bill, H.R.4815, was introduced in the House of Representatives. The bill was reintroduced in 2019 and co-sponsored by a number of contenders for the Democratic Party's nomination for U.S. President in the 2020 election, including Kamala Harris, Elizabeth Warren, Kirsten Gillibrand, Michael Bennet, and Bernie Sanders. In February 2019, it was referred to the Committee on the Judiciary. The bill introduced by Senator Booker in the 2017–2018 Congress was called "among the most notable efforts" around legalization in that session. Besides removing cannabis from the Controlled Substances Act, the bill also sought to set up a community reinvestment fund, provide for expungement of past drug convictions, and penalize states that enforce cannabis laws disproportionately.
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This article incorporates public domain material from websites or documents of the United States Government .