Barbara Lee on Drugs Democratic Representative (CA-9)

Co-Chair of the Congressional Cannabis Caucus

Legalize medical marijuana.

Title: To provide for the medical use of marijuana in accordance with the laws of the various States. Summary: Transfers marijuana from schedule I of the Controlled Substances Act to schedule II of such Act. Declares that, in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law, no provision of the Controlled Substances Act shall prohibit or otherwise restrict:
• the prescription or recommendation of marijuana by a physician for medical use;

• an individual from obtaining and using marijuana from a physician`s prescription or recommendation of marijuana for medical use; or

• a pharmacy from obtaining and holding marijuana for the prescription or recommendation of marijuana by a physician for medical use under applicable State law.

• Prohibits any provision of the Federal Food, Drug, and Cosmetic Act from prohibiting or restricting a State entity from producing or distributing marijuana for the purpose of its distribution for prescription or recommendation by a physician in a State in which marijuana may be prescribed by a physician for medical use.

Rated +30 by NORML, indicating a pro-drug-reform stance.

OnTheIssues.org interprets the 2006 NORML scores as follows:

• -30 to -10: `hard-on-drugs` stance (approx. 228 members)
• -9 to +9: mixed record on drug reform (approx. 37 members)
• +10 to +30: pro-drug-reform stance (approx. 109 members)

National Organization for the Reform of Marijuana Law`s mission is to move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty.

NORML is a nonprofit, public-interest lobby that for more than 30 years has provided a voice for those Americans who oppose marijuana prohibition. We represent the interests of the tens of millions of Americans who smoke marijuana responsibly and believe the recreational and medicinal use of marijuana should no longer be a crime.

NORML supports the removal of all criminal penalties for the private possession & responsible use of marijuana by adults, including the cultivation for personal use, and the casual nonprofit transfers of small amounts. This model is called `decriminalization.`

NORML additionally supports the development of a legally controlled market for marijuana, where consumers could purchase it from a safe, legal and regulated source. This model is referred to as `legalization.`

NORML believes that marijuana smoking is not for kids and should only be used responsibly by adults. As with alcohol consumption, it must never be an excuse for misconduct or other bad behavior. Driving or operating heavy equipment while impaired from marijuana should be prohibited.

NORML strongly supports the right of patients to use marijuana as a medicine when their physician recommends it to relieve pain and suffering.

Lastly, NORML supports the right of farmers to commercially cultivate hemp for industrial purposes, such as food and fiber production.

End harsher sentencing for crack vs. powder cocaine.

A bill to target cocaine kingpins and address sentencing disparity between crack and powder cocaine.

Sponsor`s introductory remarks: Sen. Biden: My bill will eliminate the current 100-to-1 disparity [between sentencing for crack vs. powder cocaine] by increasing the 5-year mandatory minimum threshold quantity for crack cocaine to 500 grams, from 5 grams, and the 10-year threshold quantity to 5,000 grams, from 50 grams, while maintaining the current statutory mandatory minimum threshold quantities for powder cocaine. It will also eliminate the current 5-year mandatory minimum penalty for simple possession of crack cocaine, the only mandatory minimum sentence for simple possession of a drug by a first time offender.

Drug use is a serious problem, and I have long supported strong antidrug legislation. But in addition to being tough, our drug laws should be rational and fair. My bill achieves the right balance. We have talked about the need to address this cocaine sentencing disparity for long enough. It is time to act.

Congressional Summary:

Increases the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for crack cocaine trafficking to eliminate the sentencing disparity between crack and powder cocaine.
• Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
• Increases monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Allow rehabilitated drug convicts get student loans.

This bill amends the Higher Education Act of 1965 to repeal the provisions prohibiting persons convicted of drug offenses from receiving student financial assistance.

Expunge records for first drug offenders after probation.

Congressional Summary: Amends the federal criminal code to extend the pre-judgment probation and expungement procedures for simple possession of a controlled substance to individuals who are convicted of drug trafficking or of attempting or conspiring to commit a drug offense. Sets forth requirements for granting pre-judgment probation for drug trafficking or of attempting or conspiring to commit a drug offense, including that:

1. the offender did not use violence or credible threats of violence or possess a firearm or other dangerous weapon while committing the offense;
2. the offense did not result in death or serious injury to any person;
3. the offender was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise; and
4. the offender has not been previously convicted of a crime of violence or other offense punishable by a prison term of more than one year.

Sponsored no federal enforcement against legal state marijuana.

Congressional Summary:The Respect State Marijuana Laws Act: The provisions of [federal law] related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.

Proponent`s argument for bill: (PolicyMic.com): While the bill does not attempt to legalize the drug in individual states, it would immunize individuals in states taking measures to reform marijuana laws from federal prosecution. Currently, 18 states allow patients with qualifying conditions to use medical marijuana with recommendations from their physicians. Support for the bill arises from not just moral, but practical and financial grounds: The marijuana industry costs U.S. taxpayers roughly $42 billion annually in enforcement costs and lost tax revenues.

Opponent`s argument against bill: (USA Today 8/29/13 and the Drug Free America Foundation dfaf.org): The Justice Department will not attempt to challenge state laws that allow for the medical and recreational use of marijuana as long as the drug sales do not conflict with eight new federal enforcement priorities. `We are very disappointed that Eric Holder`s not doing his job,`` said the executive director of the Drug Free America Foundation. `It is his job to enforce our nation`s laws. He has created what will become a tsunami that will most likely result in far too many young people becoming victims of chemical slavery.`

Peter Bensinger, former administrator of the Drug Enforcement Administration, said Holder`s action amounted to a violation of the law. `He`s not just abandoning the law,` Bensinger said, `he`s breaking the law; he`s putting the people of Washington and Colorado at risk. He`s violating the treaty obligations of this country. He`s telling the world we don`t really follow the law here.`

Exempt industrial hemp from marijuana laws.

Congressional Summary:Amends the Controlled Substances Act to exclude industrial hemp from the definition of `marihuana.` Defines `industrial hemp` to mean the plant Cannabis sativa and any part of such plant, whether growing or not, with a THC concentration of not more than 0.3%.

Argument in favor (Sen. Ron Wyden):

Members of Congress hear a lot about how dumb regulations are hurting economic growth and job creation. The current ban on growing industrial hemp is hurting job creation in rural America and increasing our trade deficit. This bill will end this ridiculous regulation. Right now, the US is importing over $10 million in hemp products--a crop that US farmers could be profitably growing right here at home, if not for government rules prohibiting it. Now, even though hemp and marijuana come from the same species of plant, there are major differences between them. The Chihuahua and St. Bernard come from the same species, too, but no one is going to confuse them.

Argument in opposition (Drug Enforcement Agency):

The DEA regulatory opposition to industrial hemp production is based upon:
• The difficulty in distinguishing legitimate hemp with low narcotic concentration from illicit cannabis, and
• the perception that industrial hemp advocates have a hidden agenda of favoring legalization of marijuana.

Argument in opposition (DrugWatch.org 10/30/2013):

• The DEA ban on THC in hemp food products, though characterized as a drug war issue, is, in fact, a food safety issue. No state or country has scientifically established the safety of food products made from hemp.
• Smoking hemp/marijuana with a low THC level of 0.25 percent could result in psychological effects on inexperienced users (children, for example).
• Supporting industrial hemp/marijuana sends an ambivalent and harmful message to youth and others regarding marijuana.

Rated 75% by NORML, indicating a pro-legalization stance.

Scoring system for 2014: Ranges from 0% (opposes all forms of marijuana decriminalization) to 75% (supports marijuana decriminalization and legalization).

About NORML (from their website, www.norml.org):

National Organization for the Reform of Marijuana Law`s mission is to move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty. This model is called `decriminalization.`

NORML additionally supports the development of a legally controlled market for marijuana, where consumers could purchase it from a safe, legal and regulated source. This model is referred to as `legalization.`

NORML believes that marijuana smoking is not for kids and should only be used responsibly by adults. As with alcohol consumption, it must never be an excuse for misconduct or other bad behavior. Driving or operating heavy equipment while impaired from marijuana should be prohibited.

NORML strongly supports the right of patients to use marijuana as a medicine when their physician recommends it to relieve pain and suffering.

Lastly, NORML supports the right of farmers to commercially cultivate hemp for industrial purposes, such as food and fiber production.

Rated A+ by NORML, indicating a pro-drug-reform stance.

OnTheIssues.org interprets the 2016 NORML scores as follows:

• C-/D/F: `hard-on-drugs` stance (approx. 243 members)
• C: mixed record on drug reform (approx. 45 members)
• A/B: pro-drug-reform stance (approx. 293 members)

National Organization for the Reform of Marijuana Law`s mission is to move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty.

NORML is a nonprofit, public-interest lobby that for more than 30 years has provided a voice for those Americans who oppose marijuana prohibition. We represent the interests of the tens of millions of Americans who smoke marijuana responsibly and believe the recreational and medicinal use of marijuana should no longer be a crime.

NORML supports the removal of all criminal penalties for the private possession & responsible use of marijuana by adults, including the cultivation for personal use, and the casual nonprofit transfers of small amounts. This model is called `decriminalization.`

NORML additionally supports the development of a legally controlled market for marijuana, where consumers could purchase it from a safe, legal and regulated source. This model is referred to as `legalization.`

NORML believes that marijuana smoking is not for kids and should only be used responsibly by adults. As with alcohol consumption, it must never be an excuse for misconduct or other bad behavior. Driving or operating heavy equipment while impaired from marijuana should be prohibited.

NORML strongly supports the right of patients to use marijuana as a medicine when their physician recommends it to relieve pain and suffering.

Lastly, NORML supports the right of farmers to commercially cultivate hemp for industrial purposes, such as food and fiber production.

Immunity for banks offering services to marijuana businesses.

Congressional Summary:This bill provides a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from:

1. terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or
2. prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services.

Argument in Favor: [Cato Institute, March 31, 2016]: Marijuana is now legal under the laws of [several] states, but not under federal law. And this creates huge headaches for marijuana businesses:

• Two years after Colorado fully legalized the sale of marijuana, most banks here still don`t offer services to the businesses involved.
• Financial institutions are caught between state law that has legalized marijuana and federal law that bans it. Banks` federal regulators don`t fully recognize such businesses and impose onerous reporting requirements on banks that deal with them.
• Without bank accounts, the burgeoning pot sector can`t accept credit or debit cards from customers.

Voted NO on additional Drug War funding for synthetic drugs.

GovTrack.us Summary: (SITSA): There are more than 400 known types of synthetic--or `artificial`--drugs, which mimic the effects of substances including cocaine and ecstasy. They`ve largely begun to flood the market in recent years. The bill outlaws 13 different synthetic drugs of the most pernicious varieties. There are more than 400 known types of synthetic--or `artificial`--drugs, which mimic the effects of substances including cocaine and ecstasy. They`ve largely begun to flood the market in recent years.

GovTrack Pro/Con: Supporters argue the legislation will tackle a growing scourge in a far more timely and immediate manner than what the lagging DEA is usually able to accomplish. Opponents argue the bill would too greatly expand Attorney General Jeff Sessions` ability to criminalize drugs and impose unnecessarily punitive mandatory sentences, according to a letter signed by dozens of organizations including the American Civil Liberties Union (ACLU), Human Rights Watch, and NAACP.Opponent`s argument to vote NO Rep. Jerrold Nadler (D-NY): The bill would explicitly impose mandatory minimum terms of supervised release which undermines the discretion of judges who are in the best position to make such determinations based on the facts and circumstances of each case.

Legislative outcome: House Bill Passed 239-142-46, Roll Number 268 on June 15, 2018

420 Bill: replace prohibition with legalized/taxed marijuana.

Summary of `420` Marijuana Bill by Forbes Magazine, 2/8/2019: S.420 would deschedule marijuana by removing it from the Controlled Substances Act (CSA), establish a federal excise tax on legal sales and create a system of permits for businesses to engage in cannabis commerce. Marijuana enthusiasts, of course, celebrate their favorite plant on April 20, also known as 4/20. `S. 420 may get some laughs, but what matters most is that it will get people talking about the serious need to end failed prohibition,` Wyden said in an emailed statement.

Opposing argument from the Heritage Foundation, 2/1/2019:Those pushing for legalization of marijuana constantly push the notion that it is no different than alcohol. But extensive medical studies and the experience of nearly every human culture shows that isn`t true--legalizing marijuana is a dangerous idea.

• Marijuana trafficking is linked to crimes ranging from assault and murder to money laundering and smuggling. A study of marijuana legalization in Colorado shows big increases in marijuana-related traffic deaths, hospital visits, and school suspensions.
• Marijuana is the starter drug for most criminals. Contrast that with the millions of Americans who consume moderate amounts of alcohol without ever `moving on` to heroin, cocaine, and other dangerous drugs.
• Equating marijuana use with alcohol consumption is uninformed and misleading. They differ in every way that counts: addictiveness, toxicity, health effects, and the risk of intoxication. All that legalization does is increase demand for the drug.

Legislative outcome Referred to Committee (no action as of 1/1/2020)

Distribute sterile syringes to reduce AIDS and hepatitis.