The conversation found its way to marijuana legalization which led to Barney Frank calling out the hypocrisy of most of his conservative colleagues.

“It’s a great embarrassment to the conservatives,” said Frank, “They want to tell people who they can have sex with. Come on, all this is big government! Who can I have sex with? Who can I marry? What can I read? What can I smoke? You guys, on the whole — not all of you — but the conservatives are the ones who intrude on personal liberty there.”

The debate got heated between Frank and George Will. “I mean, personal liberty, if someone wants to smoke marijuana who’s an adult, why do you want to make them go to jail?” Frank questioned.

“I need to know more about whether it’s a gateway drug to other drugs, I need to know how you’re going to regulate it,” George Will replied.

“Anything is a gateway to anything,” Representative Frank shot back, “That’s the slippery slope argument which is a very anti-libertarian argument. The fact that if somebody is doing something that’s not in itself wrong, that it might lead later on to something else then stop the something else. Don’t lock them up for smoking marijuana.”

Will defended himself claiming, “What you’re calling a cop-out, I’m calling a quest for information.”

“How long’s it going to last, George?” Frank asked, “We’ve been doing this for decades.”

Watch the clip below:

You can read more coverage of this story here and here.

A NORML supporter from Ohio named Todd recently used NORML’s webpage to contact his elected representative in Congress, who just so happens to be the Speaker of the House John Boehner, to encourage him to become a co-sponsor of the Ron Paul/Barney Frank bill to allow states to legalize cannabis for responsible adult use.

What Todd did was exactly what tens of thousands of other like-minded NORML supporters have done since late June, when H.R. 2306 was introduced: they contacted their member of Congress and asked them to support the passage of H.R. 2306.

What cannabis reformers and consumers really need to do now is to send hundreds of thousands of letters and emails to their members of Congress, and to, like Todd, not take ‘no’ for an answer, especially from hypocrites like Speaker Boehner, who maybe one of the capital’s most notorious tobacco addicts and consumer of hard liquor.

Roll Call photo from a Sept. 2010 event capturing then Minority Leader John Boehner using society's most deadly and addictive drug: Tobacco

Last October at a fancy Washington restaurant in a section of town called ‘Barracks Row’, a week or so before his ascendency to the Speakership of the House, High Times’ associate publisher Rick Cusick and I watched Mr. Boehner (and five or six of his fellow Republican colleagues from the House, and one from the Senate) continuously leave their table–after rounds of shot glasses of hard liquor were consumed–to stand out in front of the establishment in a circle to smoke cigarettes. We witnessed this kind of excessive ‘drug’ consumption from Congressional leaders for over two hours.

Mr. Boehner, the son of a bar owner in Ohio, needs to get real and quick regarding losing his Reefer Madness about cannabis and to start treating cannabis consumers with the same respect and dignity that he wants afforded to him as a tobacco and alcohol consumer.

If not, then, based on his unscientific and non-sensible reply to his constituent in Ohio found below, the man should 1.) stop buying and consuming clearly deadly and dangerous drugs like hard booze and cigarettes and 2.) pass federal laws banning these unhealthy and unsafe products from people who’d be foolish enough to consume them.

NORML thanks ‘Todd’ from Ohio for being a stand up cannabis law reformer who is not keen to be governed by a hypocrite (who would have him consume drugs much, much less safe—and toxic—than cannabis. Just like him….).

Boehner writes below: “I am unalterably opposed to the legalization of marijuana or any other FDA Schedule I drug.  I remain concerned that legalization will result in increased abuse of all varieties of drugs, including alcohol.”

Maybe the Speaker of the House is speaking for himself here as both the science and my own personal experience is crystal clear here: When adults consume cannabis products they consume less—or no—alcohol products.

I, for one, have always publicly acknowledged that I consume far less alcohol (and don’t binge drink at all) if I have access to cannabis products.

Further, in the twenty years I’ve worked at NORML and convening dozens of major pro-reform conferences, fundraising parties and events I’ve watched bar managers, restaurant owners and hotel catering managers from coast-to-coast do major double and triple takes on our alcohol consumption bills, insisting that there must be some kind of billing error. When, in fact, if 500 cannabis consumers are attending a NORML soiree, we as a group consume 50%-75% less alcohol than similar size events.

At a large and famous San Francisco waterfront restaurant that hosted a NORML event a few years back, when I went into the manager’s office at the end of the night to settle the final bill and remit payment, he too was flabbergasted at the dearth of our large group’s alcohol consumption tab and wryly remarked to me: “No wonder ya’ll can’t get pot legalized, because, you’ll cut too deeply into the alcohol industry’s bottom line.”

Please join Todd and tens of thousands of other citizens who do not support Cannabis Prohibition anymore by contacting your member of Congress and insist that they co-sponsor H.R. 2306.

The process to lobby your member of Congress is easy, free and necessary to finally—and once and for all—end Cannabis Prohibition in America.

Wed, Aug 24, 2011 at 1:19 PM, Congressman John Boehner wrote:

Dear Todd:

Thank you for contacting me regarding the legalization of marijuana.  I appreciate hearing from you.

On June 23, 2011, Representative Barney Frank (D-MA) introduced H.R. 2306, the Ending Federal Marijuana Prohibition Act of 2011.  H.R. 2306 would remove marijuana from Schedule I of the Controlled Substances Act to provide states with jurisdiction in the regulation of marijuana.  H.R. 2306 has been referred to the House Committees on the Judiciary and Energy and Commerce for consideration.

According to the Office of National Drug Control Policy (ONDCP), “research shows that marijuana use in its raw form is harmful and its average potency has tripled in the past 20 years.”  ONDCP goes on to say that “studies also show teens are using the drug at earlier ages and the earlier a person begins to use drugs, the more likely they are to progress to more serious abuse and addiction.”  In addition, the Department of Health and Human Services stated that “marijuana dependence in the U.S. population is higher than that for any other illicit drug and over 150,000 people who showed up voluntarily at treatment facilities in 2009 reported marijuana as their primary substance of abuse.”

As you know, the Food and Drug Administration (FDA) has classified marijuana, together with heroin, LSD, methamphetamines, hashish, and a number of other drugs as Schedule I drugs.  According to the FDA, these drugs carry a high potential for dangerous abuse.  To date, no clinical study of marijuana has progressed to the level required for approval by the FDA.  Even more, the Department of Justice has reiterated its intent to enforce the Controlled Substances Act in states who have legalized marijuana for medicinal purposes.

I am unalterably opposed to the legalization of marijuana or any other FDA Schedule I drug.  I remain concerned that legalization will result in increased abuse of all varieties of drugs, including alcohol.

Thank you again for contacting me with your thoughts.  Please don’t hesitate to inform me of your concerns in the future.  To sign up for email updates, I invite you to visit my website at http://johnboehner.house.gov.

Sincerely,

John A. Boehner

*          *          *          *          *          *          *          *          *

Dear John Boehner,

Wow thats a mouthful did someone write that for you.  Your seriously trying to tell me that marijuana is as harmful as lsd, crack, methamphetamines, cocaine,legal sildenafil,merinol and other “chemicals” when marijuana is a plant which is nearly impossible to overdose. You sir are uninformed as are most of our “representatives”, who, are supposed to represent the interest of the people, but end up representing their own interests entirely. I would think that given our current economic crisis, it would be ideal to look objectively at every opportunity to decrease frivolous spending, and increase revenue. By legalizing and taxing marijuana on a federal level, the taxes alone are estimated at billions of dollars annually. Given the annual cost of the failed war on drugs and incarcerated nonviolent marijuana users, the annual savings plus revenue could reach in the hundreds of billions of dollarsNot to mention the tens of thousands of jobs legalizing marijuana would create. This is common sense knowledge and neither you nor the “F.D.A.” can tell me otherwise.

As for your statement ” I remain concerned that legalization will result in increased abuse of all varieties of drugs, including alcohol.” Please elaborate as I do not understand how the legalization and regulation of marijuana on a federal level, will result in increased abuse of other drugs and alcohol. Regulating marijuana will not only decrease it’s availability on the black market, but will also decrease its value, therefore being less available, and of less interest, to teens and other underage people.

On the subject of the Department of Health and Human Services statement that “marijuana dependence in the U.S. population is higher than that for any other illicit drug and over 150,000 people who showed up voluntarily at treatment facilities in 2009 reported marijuana as their primary substance of abuse.” What this statement does not tell you is that roughly 97% of these 150,000 people “voluntarily” showed up because they were given an ultimatum by the courts when found in possesion of marijuana, rather than face probation, or even worse, jail time.

How about the statement made by Francis Young, the D.E.A.s’ own judge, ”Marijuana in it’s natural form, is one of the safest therapeutically active substances known to man.”  If marijuana is considered a schedule I narcotic with no medicinal benefits, why do we have Marinol, the  synthetic form of T.H.C. (tetrahydrocannabinol), the main psycoactive substance found in marijuana?.  And why is the “chemical” Marinol a schedule III drug, meaning it is considered to be non-narcotic and to have a low risk of physical or mental dependence, when it is another form of T.H.C.?. There has never been a documented human fatality from overdosing on tetrahydrocannabinol or cannabis in its natural form. However, the synthetic T.H.C. pill Marinol was cited by the FDA as being responsible for 4 of the 11,687 deaths from 17 different FDA approved drugs between January 1, 1997 to June 30, 2005.

I would appreciate a personal response from you, rather than one of your pre-writen responses. Thank you for your time.

Sincerely,

Todd

(CNN) — It is hardly surprising that former drug czar William Bennett would, in his CNN.com op-ed, oppose any changes to America’s criminalization of marijuana. But it is surprising that he would lump Barney Frank and Ron Paul’s proposal to allow states the opportunity to enact their own marijuana policy with the effort to legalize drugs.

Let’s be clear: HR 2306, the Ending Federal Marijuana Prohibition Act of 2011, proposed by Reps. Barney Frank and Ron Paul, does not “legalize drugs” or even so much as legalize marijuana. Rather, this legislation removes the power to prosecute minor marijuana offenders from the federal government and relinquishes this authority to state and local jurisdictions. In other words, HR 2306 is just the sort of rebuke to the “nanny state” that conservatives like Bennett otherwise support.

Barney Frank and Ron Paul: Get feds out of pot regulation

The House bill mimics changes enacted by Congress to repeal the federal prohibition of alcohol. Passage of this measure would remove the existing conflict between federal law and the laws of those 16 states that already allow for the limited use of marijuana under a physician’s supervision.

It would also permit states that wish to fully legalize (for adults) and regulate the responsible use, possession, production and intrastate distribution of marijuana to be free to do so without federal interference. In recent years, several states, including California and Massachusetts, have considered taking such actions either legislatively or by ballot initiative. It is likely that several additional states will be considering this option in 2012, including Colorado and Washington. The residents and lawmakers of these states should be free to explore these alternate policies, including medicalization, decriminalization and legalization, without running afoul of the federal law or the whims of the Department of Justice.

Of course, just as many states continued to criminalize the sale and consumption of alcohol after the federal government’s lifting of alcohol prohibition, many states, if not most, might continue to maintain criminal sanctions on the use of marijuana.

But there is no justification for the federal government to compel them to do so. Just as state and local governments are free to enact their own policies about the sale and use of alcohol — a mind-altering, potentially toxic substance that harms the user more than marijuana — they should be free to adopt marijuana policies that best reflect the wishes and mores of their citizens.

Does Bill Bennett believe that state and local governments cannot be trusted with making such decisions on their own?

Speaking during an online town hall in January, President Obama acknowledged the subject of legalizing and regulating marijuana was a “legitimate topic for debate,” even as he expressed his opposition. Yet Texas Rep. Lamar Smith, chairman of the House Judiciary Committee, recently boasted that he would not even consider scheduling HR 2306 for a public hearing.

There might be another reason people like Smith and Bennett will go to such lengths to try to stifle public discussion of the matter. To do so would be to shine light on the fact that the federal criminalization of marijuana has failed to reduce the public’s demand for cannabis, and it has imposed enormous fiscal and human costs upon the American people.

Further, this policy promotes disrespect for the law and reinforces ethnic and generational divides between the public and law enforcement. Annual data published in the FBI’s Uniform Crime Report, and compiled by NORML, finds that police have made more than 20 million arrests for marijuana violations since 1970, nearly 90% of them for marijuana possession offenses only.

It is time to stop ceding control of the marijuana market to unregulated, criminal entrepreneurs and allow states the authority to enact common sense regulations that seek to govern the adult use of marijuana in a fashion similar to alcohol.

In Bennett’s own words, “We have an illegal drug abuse epidemic in this country.” How is such a conclusion anything but a scathing indictment of the present policy? After 70 years of failure it is time for an alternative approach. The “Ending Federal Marijuana Prohibition Act of 2011″ is an ideal first step.

Editor’s note: Paul Armentano is the deputy director of NORML , the National Organization for the Reform of Marijuana Laws, and is the co-author of the book “Marijuana Is Safer: So Why Are We Driving People to Drink?” (2009, Chelsea Green).

NORML has launched a bill specific Facebook page, where you can keep up to date on all the latest information. It can be accessed here. You can also utilize our Take Action Center to contact your elected officials and urge them to support HR 2306, the Ending Federal Marijuana Prohibition Act of 2011, here.

Subscribe to NORMLtv or follow us on Twitter to stay posted on all the latest video content coming from NORML, including much more on this important legislation.

The bipartisan measure, HR 2306 – entitled the ‘Ending Federal Marijuana Prohibition Act of 2011’ and sponsored by Massachusetts Democrat Barney Frank and Texas Republican Ron Paul along with Reps. Cohen (D-TN), Conyers (D-MI), Polis (D-CO), and Lee (D-CA) – prohibits the federal government from prosecuting adults who use or possess marijuana by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970. Under present law, all varieties of the marijuana plant are defined as illicit Schedule I controlled substances, defined as possessing ‘a high potential for abuse,’ and ‘no currently accepted medical use in treatment.’

Said Rep. Frank, “Criminally prosecuting adults for making the choice to smoke marijuana is a waste of law enforcement resources and an intrusion on personal freedom. I do not advocate urging people to smoke marijuana, neither do I urge them to drink alcoholic beverages or smoke tobacco, but in none of these cases do I think prohibition enforced by criminal sanctions is good public policy.”

The ‘Ending Federal Marijuana Prohibition Act’ seeks to federally deregulate the personal possession and use of marijuana by adults. It marks the first time that members of Congress have introduced legislation to eliminate the federal criminalization of marijuana since the passage of the Marihuana Tax Act of 1937.

Language in this Act mimics changes enacted by Congress to repeal the federal prohibition of alcohol. Passage of this measure would remove the existing conflict between federal law and the laws of those sixteen states that allow for the limited use of marijuana under a physicians’ supervision. It would also allow state governments that wish to fully legalize and regulate the responsible use, possession, production, and intrastate distribution of marijuana for all adults to be free to do so without federal interference. (To date, lawmakers in six states have introduced legislation to legalize and regulate the adult use of cannabis, and separate statewide initiative measures are planned for 2012 in several additional states.)

Speaking in support of the measure, NORML Executive Director Allen St. Pierre said, “The federal criminalization of marijuana has failed to reduce the public’s demand or access to cannabis, and it has imposed enormous fiscal and human costs upon the American people. It is time to end this failed public policy and to provide state governments with the freedom to enact alternative strategies — such as medicalization, decriminalization, and/or legalization — without running afoul of the federal law or the whims of the Department of Justice.”

You can read the full text of Allen’s remarks from today’s press conference, which is being reported today by major news outlets nationwide, here.

NORML, along with representatives from the Drug Policy Alliance (DPA), Students for Sensible Drug Policy (SSDP), and the Marijuana Policy Project (MPP), worked closely with members of Congress in drafting the measure.

Additional information regarding this measure is available from NORML’s ‘Take Action Center’ here.

AFTERNOON UPDATE:

Below is video of co-sponsor Steven Cohen (D-TN) speaking on the House floor today in favor of HR 2306: Ending Federal Marijuana Prohibition Act of 2011.

The Medical Marijuana Patient Protection Act;
The Small Business Banking Improvement Act of 2011; and
The Small Business Tax Equity Act of 2011.

Representative Polis has issued the following press release outlining the significance and the intentions of these measures.

Bipartisan Coalition Urges Sensible Drug Policy
Introducing Three Bills to Protect Access to Medical Marijuana

Washington, May 25 – In a sign of growing bipartisan Congressional support for reforming our nation’s drug laws, a coalition of Republicans and Democrats today offered three bills that would ensure fair treatment of cannabis businesses under tax and banking law, and change existing law to reflect the medical efficacy of marijuana. The bills were authored by Congressman Pete Stark (D-CA), Congressman Barney Frank (D-MA), and Congressman Jared Polis (D-CO).

Stark’s bill – the Small Business Tax Equity Act – would allow medical marijuana dispensaries to take the full range of business expense deductions on their federal tax returns, just like every other legal business is permitted to do under the law. It is co-sponsored by Congressman Dana Rohrabacher (R-CA) and Congressman Ron Paul (R-TX), as well as Frank and Polis.

“Our tax code undercuts legal medical marijuana dispensaries by preventing them from taking all the deductions allowed for other small businesses,” Stark stated. “While unfair to these small business owners, the tax code also punishes the patients who rely on them for safe and reliable access to medical marijuana prescribed by a doctor. The Small Business Tax Equity Act would correct these shortcomings.”

The States’ Medical Marijuana Patient Protection Act, authored by Frank and co-sponsored by Stark, Polis and Rohrabacher, would make individuals and entities immune to federal prosecution when acting in compliance with state medical marijuana laws. It would also direct the administration to initiate the process of rescheduling marijuana under the Controlled Substances Act so that it is placed in a schedule other than Schedules I or II.

“The time has come for the federal government to stop preempting states’ medical marijuana laws,” Frank said. “For the federal government to come in and supersede state law is a real mistake for those in pain for whom nothing else seems to work. This bill would block the federal prosecution of those patients who reside in those states that allow medical marijuana.”

Polis’ Small Business Banking Improvement Act, which is cosponsored by Stark, Frank and Paul, would ensure that medical marijuana businesses that are state-certified have full access to banking services by amending the Bank Secrecy Act.

“When a small business, such as a medical marijuana dispensary, can’t access basic banking services they either have to become cash-only—and become targets of crime—or they’ll end up out-of-business,” said Polis. “In states that have legalized medical marijuana, and for businesses that have been state-approved, it is simply wrong for the federal government to intrude and threaten banks that are involved in legal transactions.”

Stark and Polis welcomed Congressman Paul’s support for their bills.

“It is time to get the federal government out of state criminal matters, so states can determine sensible drug policy for themselves,” added Paul. “It is quite obvious the federal war on drugs is a disaster. Respect for states’ rights means that different policies can be tried in different states and we can see which are the most successful. This legislation is a step in the right direction as it removes a major federal road block impeding businesses that states have determined should be allowed within their borders.”

NORML and many of our allied organizations have been working closely with the staff of Reps. Frank, Polis, and others on these measures, and we commend these representatives for courageously standing up for the rights of patients and their providers. NORML will have more information about these bills, and how you can contact your members of Congress in support of these efforts, imminently in our ‘Take Action Center.‘

By: John H. Richardson, Esquire Magazine

To my shame, I started my interview with Congressman Barney Frank about the legalization of marijuana by apologizing to my subject. “I know you guys have a lot on your plate these days, so I’m sorry to be calling you about something kind of trivial…”Then I did a rapid midcourse correction. “But it’s not trivial, because people go to jail over it.”

“That’s exactly right,” Frank said.

We were talking about the Personal Use of Marijuana by Responsible Adults Act of 2009, Frank’s latest attempt to bring sanity to the federal marijuana laws. Currently, pot is classified as a Schedule I Controlled Dangerous Substance under federal law, which makes it worse than morphine, cocaine, amphetamine, and PCP. Possession of a single joint carries a penalty of $1,000 and a year in prison – a charge faced by about 800,000 American citizens every year. This is the government whose judgment on war and economics we are supposed to respect.

So I started the interview over.

ESQUIRE: Could you tell me why you’re doing it at this time? Everybody says you guys have got so much to handle right now.

BARNEY FRANK: Announcing that the government should mind its own business on marijuana is really not that hard. There’s not a lot of complexity here. We should stop treating people as criminals because they smoke marijuana. The problem is the political will.

ESQ: That’s my second question. There’s already been a lot of change in the country. Thirteen states have decriminalized pot. What’s holding up Congress?

BF: This is a case where there’s cultural lag on the part of my colleagues. If you ask them privately, they don’t think it’s a terrible thing. But they’re afraid of being portrayed as soft on drugs. And by the way, the argument is, nobody ever gets arrested for it. But we have this outrageous case in New York where a cop jammed a baton up a guy’s ass when he caught him smoking marijuana.

ESQ: You’re kidding.

BF: Actually, I’ve just been corrected by my partner – it was a radio he jammed up the guy’s ass, not his baton.

ESQ: Small radio, I hope.

BF: By the way, the bill is bi-partisan: I’ve got two Democrats and two Republicans.

ESQ: Who are the Republicans?

BF: Ron Paul. And Dana Rohrabacher from California.

ESQ: Isn’t Rohrabacher pretty hard-right?

BF: He’s a very conservative guy, but with a libertarian streak.

ESQ: That libertarian streak will help you out once in a while. And who’s against it?

BF: Well, Mark Souder from Indiana, who’s very much a proponent of the drug war.

ESQ: When you talk to Souder about it, what does he say?

BF: You don’t waste your time on people with whom you completely disagree.

ESQ: Okay.

BF: Here’s one thing I would say – there’s a great intellectual flaw at work here. People say, “Oh, you want the government to approve of smoking marijuana.” And the answer is, no, there should be a small number of things that the government makes illegal, but the great bulk of human activity ought to be none of the government’s business. People can make their own choices.

ESQ: What about the “public-square” argument that we need to keep prostitutes off the streets and pot-smokers on the run in order to promote a higher level of morality and civic order?

BF: One, I don’t think it’s immoral to smoke cigarettes or drink alcohol, even though they may make you sick. Morality to me is the way you treat other people, not the way you treat yourself. John Stuart Mill’s On Liberty makes a great deal of sense in that regard. I wish more people read him.

ESQ: My father forced me to read On Liberty when I was fourteen years old. I still haven’t recovered.

BF: He deals very thoughtfully with some of the objections.

ESQ: Then let me ask you from the other side: Why is the bill so modest? You explicitly say you’re not going to overturn state laws.

BF: Because I think it’s important, when you’re confronting political opinions this way, to make it easier for people. This isn’t for drug dealers. Although I do think there’s a logic that once you’ve allowed people to smoke, you’re going to go beyond that.

ESQ: So how far do you really want to go? Decriminalize completely? Tax it, like they’re talking about out in California?

BF: I don’t think that’s a debate I should get into right now.

ESQ: So you want to be a cautious centrist, waiting for the country to come around?

BF: [pause] You think this is centrist?

ESQ: [laughs] Okay, sorry.

BF: I must say, I don’t have a lot of sympathy with people on the left who say, “Oh, I’m not going to settle for some small step, I’m going to take the big step.” I’m doing something I think could be passable. I believe the results of modest beginnings will encourage people to go further. And if the people who disagree with me are right, it won’t go further.

ESQ: Realistically, do you think it’s going to pass?

BF: Not this year, no.

ESQ: How long do you think it will take?

BF: There’s no point in my guessing. Why would I want to guess? We’ll have a rational discussion, and we’ll see where it goes from there.

While We’re Here, One Final Hit on the Topic

Meanwhile, in the wacky world of Republicans who love liberty almost as much as they love prisons, an Illinois congressman named Mark Kirk has proposed a competing law to make selling “this new potent marijuana” punishable by $1 million in fines and 25 years in prison. Apparently Kirk is talking about something called “kush,” which I cannot personally evaluate since I am A) not currently a pot-smoker, and B) too crippled by college bills to afford anything that costs $600 an ounce. But for those old-fashioned reality-based types who care about scientific evidence, here’s what the guys in white lab coats say

PLUS: Why Obama really might decriminalize weed, and what the Bush team knew about legalization

Washington, DC: Massachusetts Democrat Barney Frank, along with co-sponsors Ron Paul (R-TX); Maurice Hinchey (D-NY); Dana Rohrabacher (R-CA); and Tammy Baldwin (D-WI), will reintroduce legislation today to limit the federal government’s authority to arrest and prosecute minor marijuana offenders.

The measure, entitled an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces) of cannabis and for the not-for-profit transfer of up to one ounce of pot – making the prosecutions of these offenses strictly a state matter.

Under federal law, defendants found guilty of possessing small amounts of cannabis for their own personal use face up to one year imprisonment and a $1,000 fine.

Passage of this act would provide state lawmakers the choice to maintain their current penalties for minor marijuana offenses or eliminate them completely. Lawmakers would also have the option to explore legal alternatives to tax and regulate the adult use and distribution of cannabis free from federal interference.

To date, thirteen states have enacted laws ‘decriminalizing’ the possession of marijuana by adults. Minor marijuana offenders face a citation and small fine in lieu of a criminal arrest or time in jail.

“The federal government has much more important business to attend to than targeting, arresting and prosecuting adults who use marijuana responsibly,” NORML Executive Director Allen St. Pierre said. “This is an issue that ought to be handled by the states, not the Feds.”

According to nationwide polls, three out of four voters believe that adults who possess marijuana should not face arrest or jail, and one out of two now say that cannabis should be regulated like alcohol.

The reintroduction of the Frank/Paul bill comes one week after the duo reintroduced HR 2835, The Medical Marijuana Patient Protection Act of 2009 – which seeks to halt federal interference in states that have enacted medical marijuana laws – and just days after Rep. Mark Kirk (R-IL) called for federal legislation to sentence certain first-time marijuana offenders to 25 years in prison.

“The US Congress has a definite choice,” said St. Pierre. “They can choose the path of compassion, fiscal responsibility, and common sense by supporting Barney Frank’s and Ron Paul’s efforts, or they can continue down America’s failed drug war path by endorsing Rep. Kirk’s draconian legislation. It is abundantly clear which direction the voters wish to go; will their elected officials follow?”

Additional information about the ‘Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults’ is available at NORML’s Take Action Center.

The bill, entitled the Medical Marijuana Patient Protection Act of 2009, seeks to amend the discrepancy between federal law and the laws of over a dozen states that have enacted regulations governing the therapeutic use of cannabis.

Thirteen states – Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, New Mexico, Nevada, Oregon, Rhode Island, Vermont and Washington – have enacted laws prohibiting medical marijuana patients from state prosecution.  Passage of the the Medical Marijuana Patient Protection Act would ensure that medical cannabis patients or providers who are compliant with state law, such as Charles Lynch (who was sentenced today in federal court), would no longer have to fear arrest or prosecution from federal law enforcement agencies.

Previous versions of the Medical Marijuana Patient Protection Act were introduced in both the 108th and 109th Congress, but failed to receive a public hearing or a committee vote.

While campaigning for the presidency, Barack Obama promised not to use Justice Department resources “to try and circumvent state (medical marijuana) laws” — a pledge that has been repeated in recent months by US Attorney General Eric Holder.  Nevertheless, agents from the US Drug Enforcement Administration have continued to target medical marijuana providers in states that allow for the drug’s use, and federal prosecutors have continued to bring federal anti-drug charges against defendants who were acting in accordance with their state’s cannabis laws.

To support the Medical Marijuana Patient Protection Act of 2009, please log on to NORML’s Take Action Center here.

July 30, 2008, Washington, D.C,: Today something rather historic on a number of counts occurred in the nation’s capital. Firstly, Congress is for the first time in a generation (1978) taking a serious look at reforming components of cannabis prohibition laws. In today’s Congress, the support of the Congressional Black Caucus is pivotal to passing any substantive cannabis law reform. So I was so very heartened that Reps. Barbara Lee (D-CA) and William Lacy Clay (D-MO) joined us on this very hot and oppressively humid day in DC, along with the always jocose Barney Frank (D-MA), the bill’s primary sponsor (along with Rep. Ron Paul, R-TX).

Second, the media attending today’s press conference on HR 5843, a bill that would decriminalize marijuana possession and use for responsible adults, fairly captured the event’s narrative, i.e., ‘it makes no sense to treat cannabis consumers like criminals’ and ‘why not start controlling cannabis in the same way society (and government agencies) already control alcohol products?’ with no double entendre or goofy ‘stoner stupidisms’. You can view a CNN video of the press conference here. Also, you can check out some YouTube footage here of my opening remarks.

Bill Piper from the Drug Policy Alliance spoke about the collateral effects that happen to citizens arrested for minor amounts of cannabis including, but not limited to: loss of student loans; denial to public housing, food stamps and job training; and denial of entry into the military and some government service jobs.

Rob Kampia from the Marijuana Policy Project discussed the broader implications of the federal government passing decriminalization legislation and how it could affect state efforts to reform cannabis laws, notably this November’s decriminalization initiative on the ballot in Massachusetts.

As has been noted by others who attended today’s press conference, there was a certain air of desperation coming from the part of the government who is responsible for supposedly ‘controlling’ currently illicit drugs. The Office of National Drug Control Policy (ONDCP)chief propagandist David Murray attended the press conference, making himself available for questions afterwards and handing out his latest anti-cannabis handywork, and he seemed absolutely befuddled that anyone on the face of the planet could possibly compare cannabis and alcohol policies, and that there is no such thing as the responsible use of cannabis. Period. Even for medical purposes with a physician’s recommendation. Period.

Wow. Can you say, ‘flat earth’?

Indeed, there is much work to be done in cannabis law reform in the Executive Branch (which, astonishingly, is where ONDCP resides) and so-called anti-drug agencies. The tale of Hercules and the cleansing of the Augean stables immediately comes to mind…

As Chairman Frank noted in his prepared remarks, HR 5843 (and similar legislation HR 5842, which regards medical marijuana rescheduling) are not likely to come a full committee for vote until well into 2009. Given this candid assessment by Rep. Frank, for NORML members and advocates of cannabis law reform, there are still important phases that we can all help accomplish that will hasten passage of these important and reform-minded bills.

Rep. Frank and the other current co-sponsors of HR 5843 will be sending around a ‘Dear Colleague” letter soon encouraging other members of the House to join them early on in support of their bill for the decriminalization of cannabis for responsible adult use and, therefore, like all legislation in the Congress, the more co-sponsors of a legislative bill, the better chance the bill’s chance of passage.

With the change of presidency in the wings and a likely increase in the number of Democratic members being elected to the House of Representatives, NORML’s expectations for HR 5843 is for there to be both subcommittee and full committee votes on Judiciary regarding this important legislation late into 2009.

Importantly, NORML members and advocates of cannabis law reform, for the next six months, need to truly concentrate their advocacy efforts on actively recruiting each of our elected members of Congress to become co-sponsors of HR 5843. Of the many lobbying and advocacy efforts one can employ to advance cannabis law reforms in America, getting a federal cannabis decriminalization bill passed and signed into law is the single most politically achievable public policy advance that is likely to happen in Congress in the next few years.

As our democracy prescribes, states will continue to largely serve as the catalyst of change and innovation in public policy making regarding cannabis, and this is very likely going to continue to happen with more and more municipalities and states passing progressive cannabis laws—at some point, ultimately, positively affecting the federal government.

At least that is how it is supposed to work, right?

Stay tuned to NORML!

Update: a one-day CNN online poll on 7/30 asked citizens if they support legalizing cannabis: 76% in favor, 24% against. On July 31, the Washington Examiner in DC ran an online poll, resulting in a similar spread: 75% in favor, 25% against.