Congressman Barney Frank
Representing Massachusetts' 4th District

Frank Introduces Bills to Prevent Federal Criminal Prosecution for Medical and Personal Marijuana Use
June 19, 2009

WASHINGTON, D.C. – Congressman Barney Frank today announced that he has introduced two bills concerning the use of marijuana in the U.S.

The Marijuana Patient Protection Act (H.R. 2835) would prevent federal authorities from prosecuting pharmacies, growers and users of medical marijuana in states where the use of the substance for medical reasons is legal.  The bill has received support from members of both parties.

“There are some people who are in severe pain for whom nothing else seems to work,” said Congressman Frank.  “It is cruel to prevent them from having access to something which helps relieve their pain.  This is especially true because so many states allow it.  For the federal government to come in and supersede state law is a real mistake.”

The Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults (H.R. 2943) would eliminate federal penalties, but not override existing state law, on the possession or not-for-profit transfer of small amounts of marijuana.  The bill would allow possession of up to 100 grams of the substance, and not-for-profit transfer of up to 28.3 grams (1 ounce.) 

The legislation would also create a $100 fine (a civil penalty) for public use of marijuana.

“I think John Stuart Mill had it right in the 1850s,” said Congressman Frank, “when he argued that individuals should have the right to do what they want in private, so long as they don’t hurt anyone else.  It’s a matter of personal liberty.  Moreover, our courts are already stressed and our prisons are over-crowded.  We don’t need to spend our scarce resources prosecuting people who are doing no harm to others.”

Although critics may be quick to mischaracterize the bill, it is specifically written to address some legitimate concerns.  Specifically:

• The legislation would not affect federal laws prohibiting the cultivation or sale of marijuana for profit.
  
  
• It would not legalize major drug dealing or create obstacles for federal officials from prosecuting such activity.
  
  
• It would not affect any state or local laws regulating marijuana.
  
  
• It would not alter the status of marijuana as a Schedule I drug under the Controlled Substances Act

 

Eleven states already have significantly reduced penalties for possession of small amounts of marijuana – in some cases, they provide only a civil fine.  These states are California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, and Oregon.