Representative Steve Cohen (D-TN) has introduced federal legislation, House Resolution 4046, to remove legal restrictions prohibiting the Office of National Drug Control Policy from researching marijuana legalization. These restrictions also require the office to oppose any and all efforts to liberalize criminal laws associated with the plant.
“Not only is the ONDCP the only federal office required by law to oppose rescheduling marijuana even if it is proven to have medical benefits, but it is also prohibited from studying if that could be even be true,” said Congressman Cohen. “The ONDCP’s job should be to develop and recommend sane drug control policies, not be handcuffed or muzzled from telling the American people the truth. How can we trust what the Drug Czar says if the law already preordains its position? My bill would give the ONDCP the freedom to use science—not ideology—in its recommendations and give the American people a reason to trust what they are told.”
These restrictions were placed on the Office of National Drug Control Policy by the Reauthorization Act of 1998, which mandates the ODCP director “shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that–
(A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical purposes by the Food and Drug Administration;”
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The Obama Administration has released its National Drug Control Budget for the FY 2014 and despite their claims that “the war on drugs is over” and that they have “bigger fish to fry” the Office National Drug Control Policy is still prioritizing failed drug war tactics over prevention and treatment.
Prevention, in the form of education and outreach efforts, receives a paltry $1.4 billion dollars. While this is a 5% increase over the previous year’s budget, it is still a minuscule sum when you consider we are spending nine times more on arresting people than we are to educate them on risks of drug use and stop them from ending up in the criminal justice system in the first place. The budget calls for an additional 9.3 billion to be spent on treatment programs for those considered to have drug abuse issues (though $80 million of this funding goes to the drug court program, infamous for giving defendants the “choice” of serving time in rehab or spending time in a jail cell).
For all their rhetoric, this recent budget shows that little has changed in the federal government’s priorities when it comes to the War on Drugs. Funding is still disproportionately spent arresting people or diverting them into treatment programs after the fact, while only a small fraction (13%) of the overall drug budget is spent trying to fix the problem before it starts.
It is time for the Obama Administration’s policy to match its language on the issue of drug law reform. President Obama once promised that he would allow science and factual evidence to guide his administration on issues of public policy, but when it comes to marijuana laws, we are still waiting for him to deliver.
You can view the full text of the budget here.
The votes this past November in Colorado and Washington to regulate marijuana for adults have sparked a fire of change that seems to be spreading across the country. This month, both state and federal legislatures will return to work to kick off the 2013 legislative session and it is already shaping up to be one of the busiest in recent memory for marijuana reformers. Bills are already slated to be introduced in states such as Alabama, Indiana, Iowa, Kentucky, Maine, New Hampshire, Rhode Island, and Texas – with many more to be introduced in the coming weeks. It is very likely that on top of federal legislation coming down the pipeline, nearly two dozen marijuana reform measures will also be introduced across the country in various states. NORML will be providing you with Action Alerts as new bills are introduced, easily allowing you to contact your elected officials and ask them to support these important reform measures.
2013 is going to be one active year in the world of marijuana law, below you can read the summaries of the first 5 bills that were prefiled for introduction. Residents of these states can click on the “Write Your Officials!” link and easily send a pre-written letter of support to their state Senator or Representative. You can also click here to download our NORMLIZE CONGRESS graphic and share with your friends and family and encourage them to speak out against our country’s draconic marijuana policies.
Alabama – Medical Marijuana
Summary: Legislation that seeks to allow for the physician-authorized use of cannabis is pending before state lawmakers. Democrat Rep. Patricia Todd (Jefferson) has pre-filed legislation, House Bill 2: The Alabama Medical Marijuana Patients Rights Act, to be debated by lawmakers this spring.
This measure seeks to enact statewide legal protections for qualified patients who are authorized by their physician to engage in cannabis therapy. The proposal seeks to establish a network of state-regulated not-for-profit dispensaries and delivery services to provide cannabis to patients. Qualified patients would also be able to grow specified quantities of cannabis in private.
Indiana – Decriminalize Marijuana Possession
Summary: Two separate pieces of legislation that seek to significantly reduce marijuana possession penalties are expected to be debated during the 2013 legislative session.
State Sen. Karen Tallian (D-Portage) has announced that she will reintroduce legislation to reduce penalties for the adult possession of up to 3 ounces of marijuana to a fine-only, non-criminal violation.
Separately, Sen. Brent Steele (R-Bedford) has announced he intends to introduce legislation in 2013 that would make the possession of 10 grams or less of marijuana by adults a non-criminal offense. Senator Steele, who chairs the Senate committee on corrections, criminal and civil matters, told the Associated Press that he intends to include the marijuana provision in a bill that revamps the Indiana criminal code to align charges and sentencing in proportion to the offenses.
Iowa – Medical Marijuana Measures
Summary:Two separate pieces of legislation that seek to allow the physician supervised use of cannabis are expected to be introduced during the 2013 legislative session.
State Sen. Joe Bolkham has announced that he will introduce legislation, SF 266, to allow for Iowa patients with qualifying conditions to access and use cannabis for medical purposes with a doctor’s recommendation. Rep. Bruce Hunter also declared his intention to introduce a similar measure, HF 2270, in the General Assembly. These proposals would allow for Iowans with qualifying conditions to possess up to two and a half ounces of marijuana, which can be cultivated from a private grow of no more than six plants, or purchased from a state approved dispensary.
Kentucky – Gatewood Galbraith Medical Marijuana Act
Summary: Legislation that seeks to allow for the physician-authorized use of cannabis is pending before state lawmakers. Democrat Sen. Perry Clark (Louisville) has pre-filed legislation, the Gatewood Galbraith Medical Marijuana Memorial Act, to be debated by lawmakers this spring.
The proposal seeks to establish a network of state-regulated dispensaries where qualified patients could obtain cannabis if and when the substance is authorized by their physician. Qualified patients would also be able to grow specified quantities of cannabis in private. The measure bears its name after longtime Kentucky attorney and cannabis advocate Gatewood Galbriath, who passed away last year.
Maine – Tax and Regulate
Summary: Legislation that seeks to make Maine the third state to legalize and regulate the adult use of marijuana is pending before state lawmakers. Democrat Representative Diane Russell of Portland has pre-filed legislation to be debated by lawmakers this spring. Her proposed measure would legalize the sale of as much as 2 1/2 ounces of marijuana per week to people 21 or older at licensed retail locations. The law would also permit for the cultivation of the plant in private settings.
New Hampshire – Decriminalize Marijuana Possession
Summary: Legislation that seeks to significantly reduce marijuana possession penalties is once again before state lawmakers. Republican Rep. Kyle Tasker has pre-filed legislation to amend marijuana possession penalties for up to one ounce of marijuana.
Under present law, the possession of one ounce of cannabis or less is classified as a criminal misdemeanor publishable by up to one-year in jail and a $2,000 fine. This proposal seeks to make minor marijuana offenses a fine-only, non-criminal infraction. Doing so would significantly reduce state prosecutorial costs and allow law enforcement resources to be refocused on other, more serious criminal offenses.
New Hampshire – Medical Marijuana
Summary: Legislation that seeks to allow for the physician-authorized use of cannabis is pending before state lawmakers. A coalition of some dozen state lawmakers have pre-filed legislation that seeks to make New Hampshire the 19th state since 1996 to allow for the use of cannabis for therapeutic purposes.
Rhode Island – Tax and Regulate
Summary: Legislation that seeks to make Rhode Island the third state to legalize and regulate the adult use of marijuana is pending before state lawmakers. House Judiciary chairperson Edith Ajello has pre-filed legislation to be debated by lawmakers this spring. States Rep. Ajello: “I want to see the criminal element out of this. I think that legalizing and taxing it just as we did with alcohol prohibition is the way to do it.”
Texas – Lower Possession Penalties
Summary: Legislation that seeks to significantly reduce marijuana possession penalties is once again pending before state lawmakers. State Rep. Harold Dutton (D-Houston) has prefiled legislation, House Bill 184, to amend minor marijuana possession penalties to a fine-only, Class C misdemeanor.
Under present law, the possession of one ounce of cannabis or less is classified as a Class B criminal misdemeanor publishable by up to 180 days in jail and a $2,000 fine. Passage of HB 184 would reduce these penalties to a maximum fine of $500 and no jail time.
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A week of federal officials with their heads buried in the sand. President Obama clarifies his stance on medical marijuana and the drug czar reiterates the administration’s opposition to industrial hemp.