Marijuana-Related Legislation in the 105th Congress (1997-98)

Marijuana-Specific Bills
Bill # [1] Date Introduced Introduced By Co-sponsors [2] Pending in Committee on Pending in Subcommittee on Title of Bill MPP's Position
S. 40 January 21 Faircloth 3: Helms, Inhofe, Smith (NH) Judiciary n/a Drug Use Prevention Act of 1997 Oppose

Directs the Attorney General to revoke the medical license of a practitioner to dispense, or conduct research with, controlled substances — and excludes individuals and entities from participation in Medicare and state health care programs — for administering, dispensing, or recommending the use of marijuana to an individual in violation of federal or state law.

Deems a practitioner to have "'recommended' the use of marijuana if the practitioner offered advice, or responded to a request for advice, suggesting the use of marijuana while acting in the course of his or her professional capacity."

Practitioners who recommend the use of marijuana receive up to 4 years in prison and a $30,000 fine; recommending to a person under age 21 doubles the penalties.

H.R. 1265 April 9 Solomon NONE Judiciary; Commerce Crime; Health and Environment Medical Marijuana Deterrence Act of 1997 Oppose

Provides that, in any state where it is legal to use marijuana for medicinal purposes, an individual who is convicted of any state or federal drug offense shall be ineligible for certain federal benefits (the issuance of any grants, contracts, loans, or licenses provided by a federal agency or through appropriated funds) without regard to any discretion of the court.

H.R. 1310 April 10 Solomon Lewis (KY) Judiciary; Commerce Crime; Health and Environment Medical Marijuana Prevention Act of 1997 Oppose

Directs the Attorney General to revoke the medical license of any practitioner who recommends the use of a controlled substance that is illegal under federal law.

Mandatory Minimum Bills
Bill # [1] Date Introduced Introduced By Co-sponsors [2] Pending in Committee on Pending in Subcommittee on Title of Bill MPP's Position
S. 191 January 22 Helms 14: Abraham, Ashcroft, DeWine, Enzi, Faircloth, Hagel, Hatch, Inhofe, Kyl, Nickles, Sessions, Shelby, Stevens, Thurmond Judiciary n/a To throttle criminal use of guns. Oppose

Sets a five-year mandatory minimum sentence for possessing (in addition to the current law which applies to "using or carrying") a firearm during the commission of a crime of violence or a "drug trafficking" crime (including growing one marijuana plant) and other mandatory minimums for crimes "involving" guns and drugs. Hearing held on May 8. S. 43, also introduced by Sen. Helms, is identical.

H.R. 41 January 7 Gingrich 37: Baker, Barr, Bartlett, Bliley, Canady, Chenoweth, Christensen, Deal, Emerson, English, Fox, Graham, Hayworth, Herger, Hill, Hilleary, Horn, Hyde, Kelly, Lipinski, McKeon, Molinari, Myrick, Nethercutt, Ney, Oxley, Parker, Portman, Rogers, Saxton, Sensenbrenner, Sessions, Solomon, Stump, Tiahrt, Watts (OK), Weller Judiciary; Commerce Crime; Health and Environment Drug Importer Death Penalty Act of 1997 Oppose

Mandates that a person convicted of bringing into the United States "100 usual dosage amounts" of several illicit substances — including two ounces of marijuana — be sentenced to federal prison for life without parole; a second offense brings the death penalty.

H.R. 424 January 9 Myrick 9: Ehrlich, Foley, Gilman, Graham, Horn, Petri, Sensenbrenner, Solomon, Talent Judiciary Crime A bill to provide for increased mandatory minimum sentences for criminals possessing firearms, and for other purposes Oppose

Increases mandatory minimum sentences for possessing a firearm during and in relation to any crime of violence or "drug trafficking" crime, including a 10-year mandatory minimum prison sentence for possessing a firearm while growing one marijuana plant.

H.R. 1237 April 8 Frank (MA) NONE Judiciary Crime A bill to provide retrospective application of an amendment made by the Violent Crime Control and Law Enforcement Act of 1994 pertaining to the applicability of mandatory minimum penalties in certain cases. Support

Allows the mandatory minimum "safety valve" — which allows small-time, nonviolent offenders to avoid mandatory minimum sentences and instead be sentenced under the federal sentencing guidelines — to also be applied retroactively to those sentenced before September 1994. The "safety valve" is currently only available to those sentenced prior to September 1994.

Omnibus Crime, Gang and Juvenile Justice Bills
Bill # [1] Date Introduced Introduced By Co-sponsors [2] Pending in Committee on Pending in Subcommittee on Title of Bill MPP's Position
S. 3 January 21 Hatch 28: Abraham, Allard, Ashcroft, Coverdell, Craig, D'Amato, DeWine, Domenici, Enzi, Faircloth, Gorton, Grams, Grassley, Hagel, Helms, Hutchinson, Kyl, Lott, Mack, McCain, Murkowski, Nickles, Roberts, Sessions, Smith, Thomas, Thurmond, Warner Judiciary n/a Omnibus Crime Control Act of 1997 Oppose

Republican Crime Bill: Requires hospitals or health care service providers that receive federal Medicare or Medicaid payments to certify that their physicians do not prescribe or recommend Schedule I substances (such as marijuana). Directs the Attorney General to revoke the medical license of any physician who prescribes or recommends such a substance.

Implements the death penalty for importing marijuana and other drugs. (Same as H.R. 41.) Increases mandatory minimums for drug crimes "involving" minors or occurring in so-called Drug-Free Zones. Alters mandatory minimums for drug crimes "involving" guns. (Same as S. 191)

Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Allows juveniles charged with serious federal drug crimes to be tried in adult court. Reauthorizes the drug czar's office, with the understanding that the Senate Judiciary Committee will first review the drug czar's 1997 "National Drug Control Strategy." Repeals drug courts and other provisions from the 1994 and other crime bills.

S. 10, the Violent and Repeat Juvenile Offender Act of 1997, also introduced by Sen. Hatch, is a subset of S. 3 and includes a few of the above juvenile justice drug-related provisions.

S. 15 January 21 Daschle 20: Biden, Breaux, Dodd, Durbin, Ford, Glenn, Harkin, Inouye, Kerrey, Kerry, Kohl, Landrieu, Lautenberg, Leahy, Levin, Lieberman, Mikulski, Moseley-Braun, Rockefeller, Torricelli Judiciary Youth Violence Youth Violence, Crime, and Drug Abuse Control Act of 1997 Oppose

Democratic Crime Bill: Reauthorizes the drug czar's office and the so-called Safe and Drug-Free Schools program. Requires the drug czar to conduct a study on the effects of the 1996 California and Arizona medicinal marijuana initiatives.

Increases the penalties for using federal property to grow or manufacture controlled substances. Increases mandatory minimums for drug crimes "involving" guns. Extends the authorization of the drug courts program. Encourages private sector development of prescription drugs to treat addiction to illegal drugs. Makes serious drug offenses predicate offenses under the Armed Career Criminal Act.

Authorizes $100 million to establish state juvenile drug courts to provide drug testing, treatment, and aftercare programs; authorizes $600 million for drug treatment for youth in secure facilities. Commissions the National Academy of Sciences to study all existing crime and drug prevention programs.

S. 54 January 21 Hatch 4: D'Amato, Feinstein, Harkin, Reid Judiciary n/a Federal Gang Violence Act Neutral

Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Hearing held on April 23.

S. 362 February 26 Leahy 2: Biden, Kohl Judiciary n/a Anti-Gang and Youth Violence Act of 1997 Oppose
H.R. 810 February 25 Schumer 5: Farr, Lipinski, Martinez, Meehan, Sanchez Judiciary; Education and the Workforce Crime; Early Childhood, Youth and Families Anti-Gang and Youth Violence Act of 1997 Oppose

Clinton Administration Crime Bills: Increase the penalties for using federal property to grow or manufacture controlled substances. Increase mandatory minimums for drug crimes "involving" minors or occurring in so-called Drug-Free Zones. Increase mandatory minimums for drug crimes "involving" guns. Make serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Allow juveniles charged with serious federal drug crimes to be tried in adult court.

Allow the Attorney General to more rigidly restrict certain controlled substances on an emergency basis to respond to "public health crises." Allow federal "truth in sentencing" grants to the states to be used for drug testing and treatment in adult facilities.

S. 488 March 20 Kyl NONE Judiciary n/a Crime Prevention Act of 1997 Oppose

Increases mandatory minimums for drug crimes "involving" guns. Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Allows juveniles charged with serious federal drug crimes to be tried in adult court. Increases mandatory minimums for drug crimes "involving" minors. Expands drug testing of federal offenders.

H.R. 3 January 7 McCollum 5: Barr, Bryant, Canady, Christensen, Coble n/a n/a Juvenile Crime Control Act of 1997 Neutral

Passed House on May 8 by a 286-132 vote; now pending in Senate Judiciary Committee. Allows juveniles charged with serious federal drug crimes to be tried in adult court. Authorizes $1.5 billion in federal grants for states that adopt this and other policies intended to stiffen sentences for juvenile offenders.

H.R. 278 January 7 Schumer NONE Judiciary; Education and the Workforce Crime; Early Childhood, Youth and Families Balanced Juvenile Justice and Crime Prevention Act of 1997 Neutral

Establishes drug courts for juveniles by allocating $75 million which the Attorney General would grant to states for the development of drug testing, treatment, and aftercare programs. Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Allows juveniles charged with serious federal drug crimes to be tried in adult court.

Bills Introduced by U.S. Rep. Gerald Solomon
Bill # [1] Date Introduced Introduced By Co-sponsors [2] Pending in Committee on Pending in Subcommittee on Title of Bill MPP's Position
H.R. 88 January 7 Solomon NONE Education and the Workforce Postsecondary Education, Training and Life-Long Learning A bill to suspend federal education benefits to individuals convicted of drug offenses. Oppose

Suspends the eligibility for grants, loans, or work assistance of any individual student convicted under federal or state law of any offense involving possession or sale of a controlled substance. Specifies ineligibility periods: (1) for possession offenses of one year (first offense), two years (second offense), and indefinite (third offense); and (2) for sale offenses of two years (first offense) and indefinite (second offense).

H.R. 89 January 7 Solomon NONE Government Reform and Oversight Civil Service Federal Employment Applicant Drug Testing Act Oppose

Subjects all applicants for federal employment to preemployment drug testing.

H.R. 90 January 7 Solomon NONE Government Reform and Oversight Civil Service Executive Branch Drug Testing Act Oppose

Subjects all executive branch officers and employees to random drug testing.

H.R. 92 January 7 Solomon NONE Judiciary Courts and Intellectual Property Judicial Branch Drug Testing Act Oppose

Directs the Administrative Office of the United States Courts to require random drug testing of officers and employees within the judicial branch.

H.R. 309 January 7 Solomon NONE Government Reform and Oversight National Security, International Affairs and Criminal Justice Anti-Drug Legalization Act Oppose

Prohibits any federal department or agency from conducting or financing any study or research involving the "legalization" of drugs.

H.R. 310 January 7 Solomon NONE House Oversight n/a Legislative Branch Drug Testing Act Oppose

Requires random drug testing of members of Congress, officers, and employees of the legislative branch.

Similar to the drug testing provision in H.Res. 5 which amended the internal House rules for the 1997-1998 Congress, except that H.Res. 5 does not apply to Senate offices, it must be re-adopted every two years, and it does not carry the force of law. The House adopted H.Res. 5 on January 7 by a 226-202 vote.

H.R. 313 January 7 Solomon NONE Judiciary Crime Federal Benefit Suspension Act Oppose

Removes discretion from the courts and thus makes mandatory the denial of all federal benefits for a fixed term after a conviction for distribution or possession of a controlled substance.

H.R. 314 January 7 Solomon Mica Judiciary Crime Drug Kingpin Death Penalty Enhancement Act Oppose

Reduces by half the quantity of controlled substances currently required in a continuing criminal enterprise in order to receive the death penalty. The current quantity of 60,000 marijuana plants (or seedlings) or kilograms would be reduced to 30,000 marijuana plants (or seedlings) or kilograms.

H.R. 333 January 7 Solomon NONE Judiciary; Commerce Crime; Health and Environment Employer Notification Act Oppose

Requires courts to notify the employers of people convicted of federal controlled substance offenses.

Miscellaneous Bills
Bill # [1] Date Introduced Introduced By Co-sponsors [2] Pending in Committee on Pending in Subcommittee on Title of Bill MPP's Position
S. 140 January 21 Faircloth Helms Finance n/a Welfare Improvement Act of 1997 Oppose

Makes various changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the welfare reform act). Prohibits federal payments of Temporary Assistance for Needy Families (TANF) funds to states that do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated.

S. 147 January 21 Daschle 4: Chafee, Johnson, Kennedy, Reid Finance n/a Medicaid Substance Abuse Treatment Act of 1997 Neutral

Expands Medicaid to provide coverage of alcoholism and drug dependency residential treatment services for pregnant women and certain family members.

S. 149 January 21 Moynihan Grassley Labor and Human Resources n/a An act to amend the National Narcotics Leadership Act of 1988 to establish qualification standards for individuals nominated to be the Deputy Director of Demand Reduction in the Office of National Drug Control Policy Support

Requires the Deputy Director for Demand Reduction in the drug czar's office to have a scientific background and be eminent in the field of substance abuse.

S. 682 May 1 Harkin Ford Armed Services n/a An act to amend title 32, United States Code, to make available not less than $200,000,000 each fiscal year for funding of activities under National Guard drug interdiction and counterdrug activities plans Oppose

Requires that at least $200 million of the U.S. Department of Defense's funding for drug interdiction and counterdrug activities be dedicated to the National Guard's anti-drug activities.

H.R. 118 January 7 Conyers NONE Judiciary Crime Traffic Stops Statistics Act of 1997 Support

Requires the Attorney General to acquire and publish an annual summary of data about all stops for routine traffic violations by law-enforcement officers. Prohibits the data from: (1) being used for other than research or statistical purposes; or (2) containing any information that may reveal the identity of individuals stopped or law-enforcement officers.

H.R. 266 January 7 Roukema NONE Judiciary Crime Neighborhood Security Act Neutral

Directs the Secretary of Health and Human Services to award grants to qualified entities for the establishment of demonstration projects designed to determine the effectiveness of certain activities by community residents in coordination with local police in preventing and removing violent crime and drug trafficking from the community, increasing economic development in the community, and preventing or ending retaliation by perpetrators of crime against community residents.

H.R. 428 January 9 Pickett NONE Judiciary n/a Innocent Owners' Forfeiture Protection Act of 1997 Support

Prohibits any law of the United States from being interpreted to permit or require the forfeiture of the property interest of an innocent owner by reason of the criminal conduct of another.

H.R. 1345 April 16 Cummings 18: Brown (FL), Carson, Clay, Clyburn, Dellums, Engel, Filner, Foglietta, Ford, Frost, Jackson-Lee (TX), Jefferson, Meek, Norton, Owens, Pelosi, Rush, Scott Judiciary; Commerce Crime; Health and Environment National Drug Policy Act of 1997 Support

Establishes the Commission on National Drug Policy to conduct a comprehensive study into the causes of illegal drug use, the effectiveness of federal drug laws, a cost/benefit analysis of the present national policy and potential modifications of that policy, and the methods and effectiveness of rehabilitation.

S. 536 April 9 Grassley 26: Abraham, Biden, Cleland, Cochran, D'Amato, Daschle, DeWine, Dorgan, Durbin, Feingold, Graham, Hagel, Harkin, Hatch, Hutchinson, Kennedy, Kohl, Leahy, Lugar, Murray, Reid, Sessions, Shelby, Stevens, Thurmond, Wellstone n/a n/a Drug-Free Communities Act of 1997 Oppose
H.R. 956 March 5 Portman 55: Ackerman, Barrett (WI), Barton, Bereuter, Berman, Boehner, Bonior, Boyd, Calvert, Canady, Carson, Chabot, Condit, Conyers, Davis (VA), Dellums, Dreier, Faleomavaega, Fattah, Fazio, Filner, Forbes, Frost, Gilman, Gingrich, Hamilton, Hastert, Hefley, Hobson, Kaptur, Kasich, LaFalce, Levin, Lipinski, McCollum, McDermott, Mica, Nethercutt, Oxley, Parker, Payne, Pickering, Rangel, Rush, Sensenbrenner, Shays, Smith (MI), Solomon, Stabenow, Towns, Underwood, Waxman, Whitfield, Wicker, Wolf n/a n/a Drug-Free Communities Act of 1997 Oppose

H.R. 956 was passed by the full House 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. Authorize $143 million over 5 years for the drug czar's office to establish a program to support and provide grants to local communities that first demonstrate a comprehensive, long-term commitment to reduce substance abuse among youth. (These bills would put money directly into the hands of leading prohibitionist advocacy organizations.)

S. 450 March 17 Thurmond Levin Armed Services National Defense Authorization Act for Fiscal Years 1998 and 1999 Oppose
H.R. 1119 March 19 Spence Dellums National Security n/a National Defense Authorization Act for Fiscal Years 1998 and 1999 Oppose

Authorize appropriations for fiscal years 1998 and 1999 for military activities of the U.S. Department of Defense, specifically authorizing $652 million annually for "Drug Interdiction and Counter-drug Activities." Allow recipients of federal grants to agree to — rather than provide certification of — drug-free workplace requirements. Extend authority to provide anti-drug support for Mexico through Fiscal Year 1998. Series of hearings held on S. 450.

S. 672, the Supplemental Appropriations and Rescissions Act of 1997, would rescind $2 million from the "Drug Interdiction and Counter-drug Activities" for the current fiscal year in order to help pay for disaster relief in the midwest. H.R. 1469 would also do this.

S. 561 April 10 Shelby 2: Inhofe, Hutchinson Judiciary n/a Prisoner Work and Responsibility Initiative of 1997 Oppose

Requires states receiving prison construction grants to implement requirements for inmates to perform work and engage in educational activities. Eliminates the option of nonviolent federal offenders with "substance abuse problems" who complete a drug treatment program from receiving a one-year early release.

Notes:

  1. House legislation begins with "H.R." and Senate legislation begins with "S.".
  2. Chart is accurate as of May 7, 1997.
  • Most of these bills — especially the omnibus crime, gang, and juvenile justice bills — include many provisions that do not affect drug policy. However, the MPP opposes all bills that would in any way increase the harm associated with marijuana, regardless of any other provisions.
  • Like some of the bills above, the following bills alter mandatory minimum penalties for drug offenders who use, carry, and/or possess guns: H.R. 1228, S. 168, and S. 602.
  • Like H.J.Res. 58, the following legislation addresses the process by which the United States "certifies" foreign countries as participating in anti-drug efforts before providing financial assistance to such countries: S.Con.Res. 9, S.Con.Res. 10, S.J.Res. 19, S.J.Res. 20, S.J.Res. 21, H.R. 958, H.R. 1034, H.R. 1317, and S. 457.
  • The following legislation is related to drug policy but does not involve marijuana: S. 209, S. 260, and H.R. 332 alter federal penalties for crack and powder cocaine; H.Res. 34 and H.Res. 70 establish a select committee to investigate the CIA's involvement in cocaine trafficking; H.R. 1175 authorizes additional money to be spent enforcing methamphetamine laws; and H.R. 1530 reschedules Ketamine and another "date-rape drug."

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