The Ending Federal Marijuana Prohibition Act is a series of federal
marijuana decriminalization
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These ...
bills that have been introduced multiple times in the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
.
The bills propose to legalize and end the prohibition of marijuana at the federal level by amending the
United States Code
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
(removing Marijuana from the
Controlled Substances Act
The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States ...
). The bills eliminate criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. Unless in violation of the laws of the jurisdiction thereof: they would allow the shipment and transportation of marijuana between states and territories of the United States, and exportation and importation to and from foreign states.
They would transfer the authority to regulate marijuana from the
Drug Enforcement Administration
The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic en ...
to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...
.
Background
The use, sale and possession of
cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternative ...
(marijuana) in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
is illegal under federal law. However, some states have created exemptions for
medical cannabis
Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restriction ...
use, as well as
decriminalized non-medical cannabis use. In eleven states,
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the ...
,
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
,
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
,
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...
,
Illinois
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
,
Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
,
Massachusetts
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
,
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
,
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
, and
Vermont
Vermont () is a U.S. state, state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York (state), New York to the west, and the Provin ...
, the sale and possession of marijuana is legal for both medical and non-medical use. These laws are still somewhat uncertain however, because the states have one year to write laws on distribution and regulation of marijuana.
In July 2009,
Gil Kerlikowske
Richard Gil Kerlikowske (born November 23, 1949) is a former Commissioner of U.S. Customs and Border Protection. He assumed office on March 6, 2014 and retired January 20, 2017. He also served as the Director of the Office of National Drug Cont ...
, Director of the
Office of National Drug Control Policy
The Office of National Drug Control Policy (ONDCP) is a component of the Executive Office of the President of the United States.
The Director of the ONDCP, colloquially known as the Drug Czar, heads the office. "Drug Czar" was a term first used i ...
, further clarified the federal government's position when he stated that "marijuana is dangerous and has no medicinal benefit" and that "legalization is not in the president's vocabulary, and it's not in mine."
However, a January 2010 settlement between the U.S.
Drug Enforcement Administration
The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic en ...
and the
Wo/Men's Alliance for Medical Marijuana (WAMM) provides an example confirming the administration policy as communicated by Attorney General Holder, as WAMM reached an agreement to re-open after being shut down by the federal government in 2002.
On November 6, 2012, voters in Colorado and Washington approved measures that legalize non-medical use of cannabis—the first states in the nation to do so.
After the election in 2012, the Office of National Drug Control Policy of the
Obama administration
Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
stated that it "steadfastly opposes legalization of marijuana and other drugs because legalization would increase the availability and use of illicit drugs, and pose significant health and safety risks".
[Marijuana Resource Center](_blank)
Office of National Drug Control Policy
According to a 2013 survey by
Pew Research Center
The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C.
It provides information on social issues, public opinion, and demographic trends shaping the United States and th ...
, a majority of Americans are in favor of complete or partial legalization of cannabis. The survey showed 52% of respondents support cannabis legalization and 45% do not. College graduates' support increased from 39% to 52% in just three years, the support of self-identified conservative republicans (a group not traditionally supportive of cannabis legalization) has increased to nearly 30%, and bipartisan support has increased across the board.
Provisions of the bills
: ''This summary is based largely on the summary provided by the
Congressional Research Service
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...
, a
public domain
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired ...
source.''
The series of bills were introduced into the
112th Congress
The 112th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2011, until January 3, 2013. It convened in Washington, D.C. on January 3, 2011, and ended on January 3, 2013, 17 ...
(as H.R. 2306, the Ending Federal Marijuana Prohibition Act of 2011), the
113th Congress
The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the ...
(as H.R.499, the Ending Federal Marijuana Prohibition Act of 2013), the
114th Congress
The 114th United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from Ja ...
(as S. 2237, the Ending Federal Marijuana Prohibition Act of 2015), the
115th Congress
The 115th United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the Senate and the House of Representatives. It met in Washington, D.C., from January 3, 2017, to January ...
(as H.R. 1227, the Ending Federal Marijuana Prohibition Act of 2017) and the
116th Congress
The 116th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the Senate and the House of Representatives. It convened in Washington, D.C., on January 3, 2019, and ended on Janua ...
(as H.R. 1588).
The Ending Federal Marijuana Prohibition Act of 2013 would have directed the
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
to issue a final order that removes marijuana in any form from all federal schedules of controlled substances under the
Controlled Substances Act
The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States ...
.
It would have amended the Controlled Substances Act to:
: (1) provide that schedules I, II, III, IV, and V shall consist of the drugs and other substances that are set forth in the respective schedules in part 1308 of title 21 of the Code of Federal Regulations;
: (2) exempt marijuana from such Act except as provided in this Act;
: (3) revise the definition of "felony drug offense" to exclude conduct relating to marijuana;
and
: (4) eliminate marijuana from provisions setting forth penalties applicable to prohibited conduct under such Act.
The Ending Federal Marijuana Prohibition Act of 2013 would have prohibited shipping or transporting marijuana from any place outside a jurisdiction of the United States into such a jurisdiction in which its possession, use, or sale is prohibited.
The Ending Federal Marijuana Prohibition Act of 2013 would have also eliminated marijuana as:
: (1) a controlled substance for purposes of the
Controlled Substances Import and Export Act
Control may refer to:
Basic meanings Economics and business
* Control (management), an element of management
* Control, an element of management accounting
* Comptroller (or controller), a senior financial officer in an organization
* Controlling ...
or the
National Forest System Drug Control Act of 1986,
: (2) a dangerous drug for purposes of federal criminal code provisions authorizing interception of communications,
and
: (3) a targeted drug for purposes of provisions of the national youth anti-drug media campaign under the
Office of National Drug Control Policy Reauthorization Act of 1998.
The bills would have amended the
Federal Alcohol Administration Act
The Federal Alcohol Administration was a United States government agency created in 1935 (as part of the Department of the Treasury) by the Federal Alcohol Administration Act, title 27 chapter 8 of the United States Code. It was created to regulat ...
to set forth procedures for the issuance and revocation by the
United States Secretary of the Treasury
The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal a ...
of permits for importing, shipping or selling in interstate or foreign commerce, purchasing for resale, producing, packaging, or warehousing marijuana.
The bill would have prohibited any person from engaging in such conduct without a permit, subject to a $1,000 fine and/or a $500 payment.
It also would have established criteria for ineligible applicants and disqualifying offenses.
The Ending Federal Marijuana Prohibition Act of 2013 would have subjected marijuana to the provisions that apply to: (1) intoxicating liquors under the
Original Packages Act, the
Webb-Kenyon Act, and the
Victims of Trafficking and Violence Protection Act of 2000
The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is a federal statute passed into law in 2000 by the U.S. Congress and signed by President Clinton. The law was later reauthorized by presidents Bush, Obama, and Trump. In addi ...
; and (2) distilled spirits under the
Federal Alcohol Administration Act
The Federal Alcohol Administration was a United States government agency created in 1935 (as part of the Department of the Treasury) by the Federal Alcohol Administration Act, title 27 chapter 8 of the United States Code. It was created to regulat ...
.
The bill would have granted the
Food and Drug Administration
The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
(FDA) the same authorities with respect to marijuana as it has for alcohol.
It would have transferred functions of the Administrator of the
Drug Enforcement Administration
The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic en ...
(DEA) relating to marijuana enforcement to the Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...
(ATF).
The bill would have renamed: (1) ATF as the Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives; and (2) the Alcohol and Tobacco Tax and Trade Bureau as the Alcohol, Tobacco, and Marijuana Tax and Trade Bureau.
Finally, the bill have directed the
Comptroller General
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level execut ...
to review federal laws, regulations, and policies to determine if changes are desirable in light of this Act.
Procedural history
The Ending Federal Marijuana Prohibition Act of 2013 was introduced into the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
on February 5, 2013 by
Rep. Jared Polis (D, CO-2).
It was referred to the
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, ...
, the
United States House Committee on Energy and Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more th ...
, the
United States House Committee on Ways and Means
The Committee on Ways and Means is the chief tax-writing committee of the United States House of Representatives. The committee has jurisdiction over all taxation, tariffs, and other revenue-raising measures, as well as a number of other progra ...
, the
United States House Committee on Natural Resources
The U.S. House Committee on Natural Resources or Natural Resources Committee (often referred to as simply Resources) is a Congressional committee of the United States House of Representatives. Originally called the Committee on Interior and In ...
, and the
United States House Committee on Agriculture
The U.S. House Committee on Agriculture, or Agriculture Committee is a standing committee of the United States House of Representatives. The House Committee on Agriculture has general jurisdiction over federal agriculture policy and oversight of ...
immediately.
It was subsequently referred to the
United States House Energy Subcommittee on Health The U.S. House Committee on Energy and Commerce Subcommittee on Health is a subcommittee within the Committee on Energy and Commerce
A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee ...
(February 8, 2013), the
United States House Natural Resources Subcommittee on Public Lands and Environmental Regulation (February 14, 2013),
(February 25, 2013), and the
(February 28, 2013).
Debate and discussion
Organizations such as
National Organization for the Reform of Marijuana Laws
The National Organization for the Reform of Marijuana Laws (NORML ) is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Ac ...
(NORML) supported the bill.
Also the editorial board of ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' expressed support for repealing the federal ban on marijuana.
Sponsors and co-sponsors
*The 2011 House bill (112th Congress, H.R. 2306) was introduced by Representative
Barney Frank
Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committ ...
and was cosponsored by Representative
Ron Paul
Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as we ...
,
John Conyers
John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroit ...
,
Barbara Lee
Barbara Jean Lee (née Tutt; born July 16, 1946) is an American politician serving as the U.S. representative for . Now in her 12th term, Lee has served since 1998, and is a member of the Democratic Party. The district, numbered as the 9th ...
,
Jared Polis
Jared Schutz Polis (; born May 12, 1975) is an American politician, entrepreneur, businessman, and philanthropist, serving as the 43rd governor of Colorado since January 2019. He served one term on the Colorado State Board of Education from 20 ...
, and
Steve Cohen.
*The 2013 House bill (113th Congress, H.R. 499) was introduced by Representative
Jared Polis
Jared Schutz Polis (; born May 12, 1975) is an American politician, entrepreneur, businessman, and philanthropist, serving as the 43rd governor of Colorado since January 2019. He served one term on the Colorado State Board of Education from 20 ...
. There were nine original co-sponsors; this rose to 18 co-sponsors (17 Democrats and 1 Republican).
*The 2015 Senate bill (114th Congress, S. 2237) was introduced by Senator
Bernie Sanders
Bernard Sanders (born September8, 1941) is an American politician who has served as the junior United States senator from Vermont since 2007. He was the U.S. representative for the state's at-large congressional district from 1991 to 20 ...
, with no co-sponsors.
*The 2017 House bill (115th Congress, H.R. 1227) was introduced by Representative
Thomas Garrett, Jr. and has 39 co-sponsors.
*The 2019 House bill (116th Congress, H.R. 1588) was introduced by Representative
Tulsi Gabbard
Tulsi Gabbard (; born April 12, 1981) is an American politician, United States Army Reserve officer and political commentator who served as the U.S. representative for Hawaii's 2nd congressional district from 2013 to 2021. Gabbard was the fi ...
and has 36 co-sponsors.
References
Attribution
External links
Library of Congress - Thomas H.R. 499Ending Federal Marijuana Prohibition Act of 2013, H.R. 499GovTrack.us H.R. 499OpenCongress.org H.R. 499
{{DEFAULTSORT:Ending Federal Marijuana Prohibition Act of 2013
Cannabis law reform in the United States
Proposed legislation of the 112th United States Congress
Proposed legislation of the 113th United States Congress
Proposed legislation of the 114th United States Congress
Proposed legislation of the 115th United States Congress
Proposed legislation of the 116th United States Congress