Dozens of Marijuana-Related Bills Introduced in Congress
Dozens of Marijuana-Related Bills Introduced in Congress
(from Spring 1997 Marijuana Policy Report)
Since convening on January 7, the 105th Congress (1997-98) has been sluggish, focusing primarily on trying to pass a balanced budget. In the meantime, dozens of marijuana-related bills have been introduced ' most of them bad. By the end of June, however, U.S. Rep. Barney Frank (D-MA) and U.S. Rep. Henry Hyde (R-IL) are expected to introduce good medicinal marijuana and forfeiture reform bills, respectively.
MPP has compiled a complete compendium of all currently pending legislation (as of May 7) that would in some way affect marijuana policy. Many of the bills ' such as S. 3, S. 362, and other omnibus bills ' contain dozens of sections that do not impact on drug policy. However, MPP opposes all bills that would in any way increase the harm associated with marijuana, regardless of any other provisions or how noble-sounding the name of the bill.
House Committee Priorities
The House Judiciary Subcommittee on Crime, chaired by U.S. Rep. Bill McCollum (R-FL), considers the drug war one of its top 12 priorities for 1997. Specifically, the subcommittee will be examining interdiction efforts in the Caribbean Sea, the federal enforcement effort at apprehending those who import drugs into the United States, and the adequacy of federal law controlling marijuana production and distribution and the consequences of the California and Arizona initiatives.
Also in 1997, the full House Judiciary Committee will debate legislation to reform federal forfeiture laws.
In the 1995-96 Congress, the House Government Reform and Oversight Subcommittee on National Security, International Affairs, and Criminal Justice held more than 15 hearings on the nation's drug war. This year, this subcommittee will vote on legislation to reauthorize the drug czar's office, the authorization of which expires on September 30, 1997. The subcommittee will also review the problem of corruption along the southwest border.
House Passes Rule to Drug-Test Itself
On January 7, the first day of the 1997-98 Congress, the U.S. House of Representatives voted 226-202 in favor of 25 changes to internal House rules, including requiring House members and their staffs to be tested for illegal drug use.
House Speaker Newt Gingrich (R-GA), in consultation with Minority Leader Richard Gephardt (D-MO), must develop a drug testing program that "may provide for the testing of any Member, officer, or employee of the House, and otherwise shall be comparable in scope to the system for drug testing in the executive branch."
Bad Medicinal Marijuana Bills Introduced
In response to the medicinal marijuana initiative victories in California and Arizona in November 1996, three anti-medicinal marijuana bills have been introduced:
- S. 40, introduced by U.S. Senator Lauch Faircloth (R-NC), would criminalize and revoke the medical licenses of doctors who "recommend" marijuana.
- H.R. 1265, introduced by U.S. Rep. Gerald Solomon (R-NY), would revoke certain federal benefits for all drug offenders in states with medicinal marijuana laws.
- H.R. 1310, also introduced by Rep. Solomon, would revoke the medical licenses of doctors who "recommend" marijuana.
Two omnibus crime bills also contain provisions relating to medicinal marijuana:
- S. 3, introduced by U.S. Senator Orrin Hatch (R-UT), contains a provision similar to H.R. 1310.
- S. 15, introduced by U.S. Senator Tom Daschle (D-SD), would require the drug czar's office to study the effects of the two initiatives on marijuana use rates in California and Arizona.
Solomon, Gingrich On Rampage
In addition to introducing two anti-medicinal marijuana bills, Rep. Solomon introduced nine other harm-enhancing bills: Four would indiscriminately drug-test government workers, four would increase penalties for drug offenses, and one would prohibit federal funding of drug "legalization" research.
Not to be outdone, Rep. Gingrich re-introduced the "Drug Importer Death Penalty Act" (H.R. 41) which would sentence individuals convicted of importing specified quantities of drugs ' including only two ounces of marijuana ' to life in prison without parole. If convicted of a second offense ' presumably the first offense would have been committed prior to the enactment of this law ' the defendant would be sentenced to death! As of May 7, this bill had already attracted 37 co-sponsors, and Rep. Gingrich declared in a speech on May 8 that this would be one of his top priorities for this year.
Drug-Free Communities Bill(s) Moving
The only drug-related legislation currently moving through Congress is the "Drug-Free Communities Act of 1997." Known as S. 536 in the Senate and H.R. 956 in the House, this legislation would provide the drug czar's office with funding to support local community anti-drug efforts through a formal grants process. MPP strongly opposes these bills because they would put taxpayer money directly into the hands of leading prohibitionist advocacy organizations.
The full House passed H.R. 956 on May 22 by a 420-1 vote. S. 536 was approved by the Senate Judiciary Committee on May 8 and is now pending on the Senate floor.
Guns-and-Drugs Bill Moving
Also on May 8, the Senate Judiciary Committee held a hearing on S. 191, a bill that is intended to "correct" the U.S. Supreme Court's Bailey v. United States decision.
On December 6, 1995, the court ruled unanimously that the federal law which imposes a mandatory minimum five-year prison sentence for people who "use" a firearm during a "drug trafficking" crime (which includes growing one marijuana plant) may only be applied when the defendant actually employed the weapon. That is, "use" includes acts of brandishing, displaying, firing, and so on — but does not include mere placement of a gun for protection at or near the site of a drug crime.
S. 191 would replace "uses or carries" in existing law with "uses, carries, or possesses" — thereby ensnaring more marijuana offenders in the five-year mandatory minimum.
Certification of Mexico
The only drug-related legislation to pass both chambers of Congress thus far has involved the certification of Mexico as a partner in the United States' drug war.
Despite the arrests of Mexico's top drug-control officials, the Clinton administration recertified Mexico on February 28 as "fully cooperating" in the drug war. Failure to be certified annually requires a cutoff of U.S. aid to that country. (Colombia and a few other countries were decertified in previous years and again this year.)
In response, the House voted 251-175 in favor of H.J.Res. 58 on March 13 to overturn the Clinton administration's certification of Mexico. On March 20, the Senate amended and passed H.J.Res. 58 on a voice vote. Because a compromise was not reached by the March 31 deadline, the Clinton administration's certification stands.
Juvenile Justice Bill Passes House
Other than H.J.Res. 58 and H.R. 956, the only bill with a general drug provision to pass either chamber thus far is H.R. 3, the "Juvenile Crime Control Act of 1997." Passed by the House on May 8 by a 286-132 vote and now pending in the Senate Judiciary Committee, this bill would (1) mandate that juveniles charged with serious federal drug crimes be tried in adult court, and (2) allocate $1.5 billion for states to adopt policies to stiffen sentences for juvenile offenders. | 
