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Ending Federal Marijuana Prohibition Act of 2011, H.R. 2306

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Sponsors Edit

  • Rep. Barney Frank (Dem - Massachusetts)
  • Steve Cohen (Dem - Tennessee)
  • John Conyers (Dem - Michigan)
  • Barbara Lee (Dem - California)
  • Ron Paul (Rep - Texas)
  • Jared Polis (Dem - Colorado)

Purpose Edit

The main goal of this bill is not to legalize marijuana, but to allow the states to make their own marijuana laws. It matches the federal law passed which repealed alcohol prohibition. This would remove marijuana from the five schedules of the United States Controlled Substances Act of 1970. If the plant (or THC) are not under that Act the feds cannot prosecute. HR 2306 seeks to federally deregulate the personal possession and use of marijuana by adults plain and simple.

The one thing this bill does make sure to keep in place is that trafficking between states would still be illegal.

Text of Bill Edit

Jun 23, 2011 - Introduced in House. This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration.

HR 2306 IH

112th CONGRESS
1st Session
H. R. 2306

To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
June 23, 2011

Mr. FRANK of Massachusetts (for himself, Mr. PAUL, Mr. CONYERS, Ms. LEE of California, Mr. POLIS, and Mr. COHEN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Ending Federal Marijuana Prohibition Act of 2011’.

SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.

Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:
SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.

(a) Prohibition on Certain Shipping or Transportation- This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof.

(b) Penalty- Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than one year, or both.

SEC. 3. DEREGULATION OF MARIHUANA.

(a) Removed From Schedule of Controlled Substances- Schedule I(c) of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended--
(1) by striking ‘marihuana’; and
(2) by striking ‘tetrahydrocannabinols’.
(b) Removal of Prohibition on Import and Export- Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended--
(1) by striking subparagraph (G) of subsection (b)(1);
(2) by striking subparagraph (G) of subsection (b)(2); and
(3) by striking paragraph (4) of subsection (b).

SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.

(a) Section 102(44) of the Controlled Substances Act (21 U.S.C. 802(44)) is amended by striking ‘marihuana’.
(b) Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended as follows:
(1) In section 401--
(A) by striking subsection (b)(1)(A)(vii);
(B) by striking subsection (b)(1)(B)(vii);
(C) by striking subsection (b)(1)(D); and
(D) by striking subsection (b)(4).
(2) In section 402(c)(2)(B), by striking ‘marihuana’.
(3) In section 403(d)(1), by striking ‘marihuana’.
(4) In section 418(a), by striking the last sentence.
(5) In section 419(a), by striking the last sentence.
(6) In section 422(d), in the matter preceding paragraph (1), by striking ‘marijuana’.
(7) In section 422(d)(5), by striking ‘, such as a marihuana cigarette,’.

SEC. 5. CONSTRUCTION.

No provision of this Act shall be construed to affect Federal drug testing policies, and each Federal agency shall conduct a review of its drug testing policies not later than 30 days after the date of enactment of this Act to ensure that the language of any such policy is in accordance with this section.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.

Roadblocks Edit

The Chairman of the Judiciary Committee is the Hon. Lamar Smith of San Antonio, TX.

And the Hon. Lamar Smith has gone on record as saying the bill would NOT get through his committee and it wouldn’t even be brought up for discussion and a vote.

Remedies Edit

Political action! Please go to this page on NORML's website and fill in your info to send a pre-printed letter to your representatives today.

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