H.R. 5843, Act to Remove Federal Penalties for Personal Use of Marijuana by Adults

Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults - Prohibits the imposition of any penalty under an Act of Congress for the possession of marijuana for personal use or for the not-for-profit transfer between adults of marijuana for personal use.

Deems the possession of 100 grams or less of marijuana as personal use (one ounce or less for a not-for-profit transfer between adults).

Allows the imposition of a civil penalty under the Controlled Substances Act for the public use of marijuana if such penalty does not exceed $100.

- States Rights: Allows states to decide if and how they wish to prosecute possessors of small quantities of Marijuana. By eliminating federal penalties for such possession, the Commerce Clause will no longer pre-empt state law with respect to low-level possession.

http://www.washingtonwatch.com/bills/show/110_HR_5843.h...

110th CONGRESS

2d Session

H. R. 5843

To eliminate most Federal penalties for possession of marijuana for personal use, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 17, 2008

Mr. FRANK of Massachusetts (for himself and Mr. PAUL) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 eliminate most Federal penalties for possession of marijuana for personal use, 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 `Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults'.

SEC. 2. ELIMINATION OF CERTAIN MARIJUANA-RELATED PENALTIES.

Notwithstanding any other provision of law, no penalty may be imposed under an Act of Congress for the possession of marijuana for personal use, or for the not-for-profit transfer between adults of marijuana for personal use. For the purposes of this section, possession of 100 grams or less of marijuana shall be presumed to be for personal use, as shall the not-for-profit transfer of one ounce or less of marijuana, except that the civil penalty provided in section 405 of the Controlled Substances Act (21 U.S.C. 844a) may be imposed for the public use of marijuana if the amount of the penalty does not exceed $100.

http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.5843: