Congressman Barney Frank
Representing Massachusetts' 4th District

Summary of HR 5843

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.

FEDERAL LAW IS BEHIND THE TIMES

The federal government should remove the current conflict with state law and allow states to decide on these matters for themselves. Eleven states have laws that significantly reduce penalties for possession of small amounts of marijuana,1 in many cases providing for a mere civil fine.

Federal law should reflect the reality of the circumstances. Approximately 99% of marijuana arrests happen at the state and local level. Aside from a few isolated instances, the federal government generally does not arrest, prosecute, or even fine people for possession of “small amounts” of marijuana.

Law enforcement agencies should focus on the real criminals anyway. Given continuing special agent shortages at the DEA and the abiding threat of the violent criminal drug trade at the border, our scarce resources should be spent where they are most needed.

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.)

The states are: California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon.