While Congress debates health care, handles the economic downturn, and the quagmire in Afghanistan, Congressman Barney Frank is eyeing America’s draconian pot policies. Read Esquire’s exclusive interview.

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?

Full Story

June 18, 2009

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.

It’s not just members of the public and political pundits who are daring to speak the words ‘marijuana’ and ‘legalization’ in the same breath. Even in Washington, DC, calls to regulate cannabis are growing progressively louder — as today’s headline in The Hill indicates.

Webb: Pot legalization ‘on the table’ in prison reform effort
via The Hill

The leader of a congressional effort to reform the criminal justice system said Thursday that all issues — including drug legalization — need to be on the table.

Sen. Jim Webb (D-Va.), who has made criminal justice and prison reform a signature issue of his this year in Congress, is the most high-profile lawmaker to indicate openness to drug decriminalization or outright legalization.

“Well, I think what we need to do is to put all of the issues on the table,” Webb said this morning on CNN if asked if marijuana legalization would be part of his criminal justice reform efforts.

“If you go back to 1980 as a starting point, I think we had 40,000 people in prison on drug charges, and today, we have about 500,000 of them,” the first-term Virginia lawmaker said. “And the great majority of those are nonviolent crimes — possession crimes or minor sales.”

NORML praised Senator Webb for his candor and political courage earlier this month when we endorsed Senate Bill 714, the National Criminal Justice Commission Act of 2009. If you have not yet written or called your U.S. Senator in support of SB 714, what are you waiting for?

Fortunately, Senator Webb is not the only member of Congress speaking out in favor of pot law reform. Other recent examples include:

California Congresswoman Loretta Sanchez suggests on CNN that the federal government should allow California to establish a “pilot program” taxing and regulating the use of marijuana by adults. (Watch the video of her remarks here.)

U.S. House Representative Ron Paul (Texas) tells CNN that the use and distribution of pot should be regulated by the states, and that ending prohibition would dramatically decrease prohibition-related violence at the U.S./Mexican border. (Watch the video of his remarks here.)

Congressmen Dana Rohrabacher (California) and Jim McDermott (Washington), speaking in The Hill (”Pot legalization favored by some to stem violence,” April 19) declare, “[F]rom a social policy, I don’t see any reason not to legalize it, control it, sell it, [and] tax it (marijuana).”

And in the ’sign of how far we’ve come, but how far we still have to go’ department, there’s this admission from Rep. Rohrabacher:

“There are a lot of people who understand that [the current war on drugs has been a failure]. … If it was a vote – a blind vote where nobody knew who was voting – you would have overwhelming support for legalizing marijuana out there, but they will never vote for it because they are afraid of taking on a controversial issue.”

Hmmm, sounds to me like a whole lot more people need to write and call their members of Congress and tell them: Marijuana law reform is not a politically controversial issue, but opposing it is.

And while you’re at it, why not write President Barack “legalizing marijuana is off the table” Obama and give him the same message.

It’s that time of year again.

Texas Republican Ron Paul, along with ten co-sponsors, is seeking once again to allow for the commercial farming of industrial hemp.

House Bill 1866, The Industrial Hemp Farming Act of 2009, would exclude low potency varieties of cannabis from federal prohibition.  If approved, this measure would grant state legislatures the authority to license and regulate the commercial production of hemp as an industrial and agricultural commodity.

Several states — including North Dakota, Montana, and Vermont — have enacted regulations to allow for the cultivation of hemp under state law. However, none of these laws can be implemented without federal approval. Passage of HR 1866 would remove existing federal barriers and allow states that wish to regulate commercial hemp production the authority to do so.

Upon introducing the bill in Congress, Rep. Paul said: “It is unfortunate that the federal government has stood in the way of American farmers, including many who are struggling to make ends meet, from competing in the global industrial hemp market. Indeed, the founders of our nation, some of whom grew hemp, would surely find that federal restrictions on farmers growing a safe and profitable crop on their own land are inconsistent with the constitutional guarantee of a limited, restrained federal government. … I urge my colleagues to stand up for American farmers and cosponsor the Industrial Hemp Farming Act.”

Is Congress listening?

Previous versions of The Industrial Hemp Farming Act were introduced in both the 108th and 109th Congress, but failed to receive a public hearing or a committee vote. In short, members of Congress decided that this issue was not even worth talking about!

But times have changed. The U.S. economy is down and unemployment is up. Further, we have a President who is championing the notion of ‘green’ (environmentally friendly) job growth. (And who has even appointed one of our own to serve as his special advisor.)

Will this be enough to finally convince members of Congress to break their silence and utter the “H” word? Why not ask them yourself?

I received a late Friday afternoon call from one of Larry King’s producers in Los Angeles seeking some cannabis-related factoids and related information for an apparent debate tonight on CNN’s Larry King between libertarian Congressman and former presidential candidate Ron Paul, M.D. and, well, actor Steven Baldwin.

Ouch!

Watch the video of the debate 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.

Below is this week’s summary of pending legislation and tips to help you become involved in changing the laws in your state and at the federal level.

California: In an important victory for medical marijuana patients, the Assembly Committee on Labor and Employment approved Assembly Bill 2279, sponsored by Assemblyman Mark Leno, in a 6-2 vote. The measure is now headed to a vote on the Assembly floor. This bill would protect patients from employment discrimination on the basis of their state-licensed medical cannabis use in off-work hours. (The bill exempts workers in safety-sensitive jobs, including law enforcement). California supporters are strongly encouraged to contact their Assemblymembers via NORML’s online advocacy system.

Minnesota: Minnesota’s House Ways and Means Committee has approved Senate File 345, along with its companion bill, House File 655. The measure will now go before the full House for a floor vote, and if approved there, to the Governor’s desk. This legislation would ensure that medical marijuana patients in Minnesota would no longer have to fear arrest or prosecution from state law enforcement. However, Governor Pawlenty has indicated that he is inclined to veto this bill if it gets to his desk. Minnesotans are strongly encouraged to urge their Representatives and the Governor to support these bills via NORML’s online advocacy system.

New Hampshire: House Bill 1623, which would decriminalize the possession of small amounts of cannabis, was passed by the House on March 18. The bill is now before the Senate Judiciary Committee, which held a hearing on it on April 22. The committee will likely take action the next time they hear this important measure, so the time to contact your New Hampshire State Senator is now. Additionally, our allies at NH Common Sense are now encouraging supporters to contact Governor John Lynch directly and urge him to rethink his assertion that he will veto HB 1623 if it reaches his desk. New Hampshire supporters are strongly encouraged to urge their Representatives and the Governor to support these bills via NORML’s online advocacy system.

Washington, DC: US Congressman Barney Frank (D-MA) introduced legislation in Congress Friday, April 18, to strip the federal government of its authority to arrest responsible adult cannabis consumers. The measure, H.R. 5843, known as an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” is the first federal decriminalization legislation introduced in 24 years. Frank’s pending bill, co-sponsored by presidential candidate Rep. Ron Paul (R-TX), seeks to eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Under this measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. The bill also eliminates all penalties for the not-for-profit transfers of up to one ounce of pot. All are encouraged to write their representatives in support of this important legislation via NORML’s online advocacy system.

Washington, DC: Representative Ron Paul (R-TX) introduced H.R. 5842, the “Medical Marijuana Patient Protection Act,” on Friday, April 18. This bill would make federal authorities respect states’ current laws on medicinal cannabis and end DEA raids on facilities distributing medical marijuana legally under state law. Representative Paul, whose presidential campaign prominently featured the ending of the drug war as a platform plank, was joined by Reps. Barney Frank (D-MA), Dana Rohrabacher (R-CA), Maurice Hinchey (D-NY), and Sam Farr (D-CA) in co-sponsoring this bill. All NORML supporters are strongly encouraged to write their Representatives in favor of this important bill via NORML’s online advocacy system.