Global Ganja Report

Congressman Jared Polis (D-CO) introduced legislation last month, House Resolution 499, which would effectively end the federal prohibition on marijuana and allow states to set their own policies. The Ending Marijuana Prohibition Act of 2013 would remove cannabis from the Controlled Substances Act, transfer the Drug Enforcement Administration's authority to regulate the herb to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, require commercial producers to purchase a permit, and ensure that federal law distinguishes between individuals who grow for personal use and those involved in commercial sale and distribution. (NORML Action Alert)

More than a dozen members of Congress co-introduced legislation Feb. 14 that would reclassify cannabis for medical use and provide federal defendants the right to use state law compliance as evidence in medical marijuana trials, a right they're currently denied. Rep. Earl Blumenauer (D-OR) authored H.R. 689, the "States’ Medical Marijuana Patient Protection Act," which in addition to rescheduling cannabis will allow states to establish production and distribution laws without interference by the federal government, and will remove current obstacles to research. Rep. Sam Farr (D-CA) authored H.R. 710, the "Truth in Trials Act," to overturn the prohibition on medical marijuana evidence in federal court. 

On July 17, US Representative Sam Farr (D-CA) and 18 co-sponsors introduced HR 6134, the "Truth in Trials" Act—bipartisan legislation to allow defendants in federal criminal prosecutions the ability to use medical marijuana evidence at trial. Because of a June 2005 US Supreme Court ruling in Gonzales v. Raich, the government has the discretion to enforce federal marijuana laws even in states that have passed medical marijuana laws. The Raich ruling also allows federal prosecutors to exclude all evidence concerning medical use or state law compliance in federal trials, virtually guaranteeing the convictions of medical marijuana patients and providers.

Governors Christine Gregoire (D-WA) and Lincoln Chafee (I-RI) announced at a press conference in Olympia Nov. 30 that they are jointly filing a federal petition to reclassify cannabis for medical use. Under the Controlled Substances Act, the federal government considers cannabis a Schedule I substance, a dangerous drug with no medical value. The rescheduling petition filed by governors Gregoire and Chafee comes after their administrations were sent letters threatening medical marijuana producers and distributors and the implementation of state laws.

This week, more than 12,000 people—85% of them Black—now serving time for crack cocaine offenses will have their sentences reviewed by a federal judge under terms of the Fair Sentencing Act, passed in August of last year. The reform bill reduced the 100-to-1 disparity between minimum sentences for crack and powder cocaine to 18-to-1. On Nov. 1, those already serving time became eligible for a hearing to consider reducing their sentences under the new changes.

Nine Congress members on Oct. 31 issued an open letter to President Obama urging him to put a halt to new aggressive Justice Department tactics aimed at dismantling California's medical marijuana industry. "It's unconscionable...to endanger the lives of patients," the reps state in the strongly worded letter, which calls for rescheduling cannabis. It especially urges support for HR 1983, the States' Medical Marijuana Patient Protection Act, which was introduced by Rep. Barney Frank (D-MA) earlier this year.

Unlikely political bedfellows Rep. Ron Paul (R-TX) and Barney Frank (D-MA) introduced a first-of-its-kind bill June 23 that would end the federal prohibition on cannabis. The legislation is modeled after the 21st Amendment to the Constitution, which repealed the federal prohibition on alcohol and handed responsibility for regulating it to the states. Frank said "he's not advocating marijuana use, but believes that criminal prosecution is a waste of resources and an intrusion on personal freedom." The bill is co-sponsored by Reps. John Conyers (D-MI), Steve Cohen (D-TN), Jared Polis (D-CO), and Barbara Lee (D-CA).

Three medical marijuana bills were introduced in Congress May 25 with support from patient advocates. The most significant of the three bills is one introduced by Rep. Barney Frank (D-MA), which would reclassify marijuana from its current status as a dangerous drug with no medical value. Another bill, introduced by Rep. Jared Polis (D-CO), will allow banks and other financial institutions to provide services to medical marijuana businesses without being subject to "suspicious activity" reporting requirements. The third bill, introduced by Rep. Pete Stark (D-CA), changes the federal tax code "to allow a deduction for expenses in connection with the trade or business of selling marijuana intended for patients for medical purposes pursuant to State law."