H.R. 5843 was introduced into the house on 4/17/08, and I'll be one of the first to say, "It's about time!"
H.R. 5843 is referred to as "An Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults."
While some of the smokers are rejoicing at the introduction of this bill, there are some things being over-looked, so one should not get TOO excited.
More after the jump.
First, let me start by refuting any "OMG, UR A STONER, LOL!!!!" comments by telling you the effect that marijuana had with me:
During the final two years of high school, I entered the "heavy usage" phase. My grades drastically improved. I enrolled in subjects that high schoolers we afraid of, such as AP Calculus, (B+, and a 3 on the exam) Chemistry and Physics, (A and B+, in consecutive semesters) and was accepted into a university which stole my summers, and made me feel like shit for a year, called the United States Military Academy (or "West Point") If you want to say that marijuana damages your brain, then you'll have to work pretty hard prove it to me, because I didn't get to see it.
So, on to H.R. 5843...
The summary is given as this:
"An Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults," sponsored by U.S. Representative Barney Frank (D-Mass.), would eliminate federal penalties for the possession or not-for-profit transfer of small amounts of marijuana. The bill would remove federal penalties at the federal level only: (1) possession of up to 100 grams of marijuana and (2) the not-for-profit transfer of one ounce (28.3 grams) of marijuana. Additionally, this legislation would provide for a civil penalty of $100 for the public use of marijuana.
The first couple thoughts I had were as follows:
- "It's about time!" (Since I confessed to my dad that I was a user, I had been waiting for the day they would let me do it. I recall one of my arguing points was that they were going to legalize it soon anyway. Looking back, I realize I was just a crazy kid.)
- 100 grams?!? Why, that's... 3 and a half ounces! G-sus, that's a lot... almost too much.
- Not for profit transfer of one ounce? So, what, like a buddy is bringing it to you? For free? Hah!
- $100 penalty for public use makes complete sense. No one really uses it in public anyway, plus it would probably influence children, or possibly impair them.
After further parsing, I made note of a few things, particularly the "Responsible Adults" portion. This would imply that only adults who do not influence others would be exempt from federal punishment.
And then it hit me... Federal punishment.
Rep. Frank was kind enough to get this across on his website.
WHAT THE BILL WILL NOT DO
It would not affect federal laws prohibiting the sale of marijuana for profit, import and export of marijuana, or manufacturing (cultivating) marijuana.
It would not legalize major drug dealing or create obstacles for agents of the federal government seeking to prevent major drug dealing.
It would not affect any state or local laws and regulations.
It would not alter the legal status of marijuana as a Schedule I drug under the Controlled Substances Act (21 U.S.C. 801 et. seq.).
So in short, if you smoke but don't live in California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, or Oregon, then you might want to hold your horses.
"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."
--Rep Barney frank (D-MA)
So, the truth is that this bill will not be the cure to the prosecution of marijuana users. Instead, it is freeing up federal resources, and letting the state decide what to do with marijuana users.
If I may... I believe that we ALREADY SHOULD HAVE BEEN DOING THIS! At least, according to the Constitution...
Amendment 10 - Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Isn't that why Amendment 21 repealed Amendment 18? Or am I grasping at straws?
Enjoy your day.
(You COULD just click yes, if you support it, and move on with your day... or, you could actually do something about it.)