104th Congress

In September 1996, a Senate subcommittee included a directive in its appropriations report language which directs the National Institute on Drug Abuse (NIDA) to reconsider its policy on medicinal marijuana research. This report accompanied the annual appropriations bill that provides NIDA and other agencies within HHS with their funding. The MPP was instrumental in developing the language contained in the Senate report. (See report language, above.)

Marijuana Policy in the 104th Congress:

Not Bad for a "Republican Revolution"

(from Winter 1996-97 Marijuana Policy Report)

In terms of marijuana policy, the 104th Congress (1995-1996) was the best in recent history. It did not pass any marijuana-related bills, which means that the federal criminal penalties for marijuana offenses were not increased — usually a biannual occurrence on Capitol Hill. (Welfare and other federal benefits were curbed, however, for certain classes of drug users.)

The MPP attributes this relative paucity of drug war activity to the fact that the Republicans — in control of Congress for the first time in 40 years — had so many other major issues on their plate. It would be inaccurate to say that the drug warriors' momentum or dedication has subsided. To the contrary, the MPP is preparing for an arduous battle on drug policy during the 1997-1998 Congress, when harmful marijuana-related bills will surely be pushed by many drug warriors.

The only major marijuana-specific policy developments were positive ones, and most bad bills failed to pick up any momentum:

• Congress did not block the U.S. Sentencing Commission's recommendation to shorten the prison sentences for federal offenders convicted of growing 50 or more marijuana plants (or seedlings). This new policy went into effect on November 1, 1995, enabling the early release of 950 marijuana offenders. A major MPP accomplishment was spared!
• For the first time since 1986, a medicinal marijuana bill was introduced in Congress. On November 10, 1995, U.S. Rep. Barney Frank (D-Mass.) introduced H.R. 2618, which would allow doctors to prescribe marijuana to treat serious life- and sense-threatening illnesses. This bill attracted 18 House co-sponsors — including three Republicans — by the end of 1996, at which time the bill died. The MPP is working to get a new medicinal marijuana bill introduced by March 1997.
• H.R. 1916, U.S. Rep. Henry Hyde's (R-Illinois) property forfeiture reform bill, attracted 23 co-sponsors by the end of 1996. On January 8, 1997, Rep.Hyde released a statement saying that this legislation — which he will reintroduce in the coming weeks — will be among the House Judiciary Committee's top priorities this spring.
• The many bills introduced by U.S. Rep. Gerald Solomon (R-New York), the most outspoken prohibitionist in Congress, had very few co-sponsors and none were brought to a vote. These bills would have mandated that various government workers be drug tested and otherwise escalated the drug war.
• While a set of small crime bills passed the House early in 1995, the Senate never even brought S. 3, S. 38, S. 1854, or any other crime bill to a vote on the Senate floor. Hence, no general crime bills — which typically have disastrous marijuana policy implications — were enacted during the 104th Congress.