New Senate Bill introduced to reclassify Cannabis as a Schedule II

So in a surprise twist I didn't see coming, Rand Paul reached across the aisle and is cosponsoring this bill with Kirsten Gillibrand(D NY) and Cory Booker(D NJ) in an attempt to reclassify Marijuana at the federal level from a schedule I drug with no medical benefits or use to a schedule II drug.

This is a HUGE step and in the right direction in my opinion. Not only would this bill allow physicians in states that have medical marijuana laws to prescribe it without fear of reprisal from the federal government, it will allow dispensaries, for the first time, to be able to register with the IRS and legally deposit their funds in banks. And one of the biggest aspects that make me overly hopeful that this will pass is that it will allow VA Hospitals in states with Medical Marijuana to prescribe and recommend it to their patients.

Other aspects of the law include the ability to cross state lines with CBD oils and extracts legally and would prohibit the Federal Government from raiding or closing down and dispensaries in the future.

The bill won't have the same sweeping positive affects on states that have completely legalized it but all medically related aspects will be protected. Sometimes it's all about baby steps and the way the tide is turning, I won't be at all surprised if this is just the first step and a testing of the waters for full on nationwide legalization. However that particular point is a tad off topic and I would like to keep the focus solely on the legal ramifications pertaining to medical marijuana please.

I'm glad to see Gillibrand on board with this as medical marijuana has passed in NY State and goes into effect January, 2016 and Given Rand Paul's flip flopping on the issue I'm equally pleased to see him as a cosponsor of this legislation. Let's just hope that the members of the US Senate vote with their constituents in mind and realize all the positives that can come from passing this bill as opposed to being the anachronistic dinosaurs they tend to be. The benefits in favor of Military Veterans alone would be monumental.

www.examiner.com...

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a reply to: peter vlar

While it would fall far short of what should be done, it would at least be advancing the ball.

So ... now it's only going to be as bad as coc aine?

ETA: Maybe I was wrong about Rand Paul when I said he shouldn't be President ... that he was doing fine as a Senator. Maybe we don't need him deciding what 'the law' should be either.

a reply to: theantediluvian

exactly, hence my comment on baby steps. I'm just not sure how much sway and swagger Rand has in regards to influence and this bill passing. And then there's the House to worry about as well. This needs to pass though. The benefits far outweigh any negatives the try to think up.

a reply to: Snarl

Normally I'm not a huge fan of incrementalism policies but in this case I'll bite the bullet in hopes that this opens things up for the VA in states with medical MJ laws on the books to prescribe it for a number of ailments from PTSD to pain relief in lieu of the massive doses of opiate based narcotics they generally toss out like M&M's.

From a legal standpoint:

Would it be better to, under the current system, be arrested for possession of 1 gram of pot? Or would it be better to be arrested for possession of 1 gram of a controlled substance? Is there such a thing as getting a ticket and fine for possession of a controlled substance?

In light of that, is this law really benefitting the people cheering it on? Or will it just become far, far easier to make felons out of more people?

Maybe i should stop talking to a certain person, every time a mention a loophole to beat the illegal laws to him lately. The doors seem to close. Coincidence maybe. 3 for 3 so far. This was an out against prosecution in court. I hope it does not pass. But with recent events and corporate greed, tax revenue. I fear it will pass. Reason for passing is to be able to jail for non medical possession still. Since medical effects have been proven and class one can be disputed. As reflected in the criminal charges. Yes it will pass i have no doubt. No fear in making my loophole public now, it is already out of the bag. The jury nullification in Florida has also helped bring this to attention. They did not use my defense. But jury took the facts into consideration anyways. Too bad all jurors aren't that smart on the laws.

In a more perfect world, this would be laughable as too little, far, far too late.

In this world, though, it's incremental baby steps to keep the scared apes from flinging feces... .and ruining the lives of countless good, decent people.

I'm really trying to fight the feeling that attempting a smarter, kinder, more rational society is a Sisyphean ordeal ... and losing that fight on a daily basis.

Perhaps we humans with a little rational thought and knowledge really shouldn't mix with the animals... sigh. Dunno, maybe set up a reserve for the ignorant reactionaries... Siberia, maybe? Or is that unfair to the Siberians?

originally posted by: bigfatfurrytexan
From a legal standpoint:

Would it be better to, under the current system, be arrested for possession of 1 gram of pot? Or would it be better to be arrested for possession of 1 gram of a controlled substance?

I guess that would depend on the state and whether its in your possession for medical or recreational purposes. If you are residing in a state with a medical MJ law on the books and have your paperwork in order and a legit prescription, then you're not likely to have to worry about it at all unless you happen to be in the wrong place at the wrong time such as leaving or being inside a legal dispensary during a DEA raid. If you are in one of the aforementioned states and get caught without a medical card, its typically the equivalent of a parking ticket. You get an appearance ticket, no arrest and pay a fine an court surcharge. For a little compare and contrast, in NY for example, anything under 28 grams(1oz) is only a ticketable offense whereas in Louisiana, a first offense is a $500 fine, 2nd offense is up to $2000 in fines plus up to 5 years in jail, a 3rd offense is upwards of $5000 in fines plus the possibility of 20 years in prison. Typically you will pay out large amounts of cash in fines and be on probation for 5 years. A recent case however, despite the jury finsing the man guilty of a lesser offense which would have given him 15 years in prison(still rather excessive but I digress) and the judge overruled the jury and sentenced the man to 35 years in prison. Granted, he had substantially more than the 28 grams I initially used in my NY example AND he was pretty clearly attempting to sell and distribute it based on the scales and baggies he had and he was also doing all of this with a young child in the home so he probably deserved a stiff penalty but 35 years is more than arsonists and many murderers get.

Is there such a thing as getting a ticket and fine for possession of a controlled substance?

Not that I'm aware of. As far as I know anything related to a more illicit controlled substance is an automatic felony. However, there are variations between state and federal charges as well as differences from one state to another.

In light of that, is this law really benefitting the people cheering it on? Or will it just become far, far easier to make felons out of more people?

I believe this will actually benefit many, many people from a medical standpoint. Additionally, without fearing reprisal by the federal government, more states are likely to pass medical MJ legislation and this will give more military Vets access to something that will reduce their dependence on physically addictive narcotic pain medications and it has been shown to be effective in treating PTSD symptoms as well. So I'm not seeing a way this will make more felons and I believe the opposite will occur. I think when we see who the biggest lobbying groups are that come out against it it will be people who will lose out financially by having less prisoners to incarcerate. It will be the For Profit prison organizations and the unions for guards at correctional facilities fearing becoming obsolete. It's certainly possible that I'm overlooking something in my exuberance at the possibility of the Federal Government finally having to admit that this plant actually has medical properties so I will be keeping a close eye on how this progresses.

a reply to: peter vlar

It may help quite a few folks who live in the few states that have medical mj laws on the books. No doubt that it will.

Meanwhile, in states where there is still a hammer/fist approach to pot, what may have been a simple ticket and fine will now become felony possession of a controlled substance.

In a nation where a full 1% (3 mil) citizens are currently in prison, its hard to imagine a scenario where this ends well for liberty.

a reply to: bigfatfurrytexan
I don't know for sure that this will be the case. It's certainly a potential outcome, there is little argument to be made there. Where I see the line in the sand however, is that this bill only affects Federal laws and their applicability. I don't think it will change any state and/or local laws pertaining to possession. As cannabis is currently a schedule I drug, reclassifying it to sched. II would lower the criminal penalty would it not? And again, this only affects the federal penalties and the repercussions for having a medical law on the books. Unless you're a big mover and shaker, you're not going to be worried about having the feds on your tail unless you're crossing state lines with your product. Otherwise it's a local, county or state issue and the current state and local laws will still be applicable.

Just to give some examples of just how oddly disparate the laws are from one state to the next, here is a handy reference to see what the typical penalties are by state. www.criminaldefenselawyer.com...

There are currently 23 states with medical laws on the books so just shy of 50%. With the reclassifying and negation of fear of reprisal or DEA raids, I personally think we will see more states allowing it to pass through the legislature. Even some of the reddest Southern States are contemplating passing Medical Marijuana. I believe Georgia was the latest to attempt it. With the federal reclassification, I see this being a nationwide action within the next decade. But again, perhaps I'm being overly optimistic about it and perhaps a tad naïve.

a reply to: peter vlar

Lord knows im no lawyer.

For the most part, I am on a "lets see where this ride ends up" kind of frame of mind. The world is crazy...lets see where it ends up.

a reply to: bigfatfurrytexan

I'm with you there...as hopeful and excited as I am for the potential of this bill, I know better than to open my presents before Christmas morning because I'll be very disappointed when the time comes around.

I wonder if this would change employers drug policies. Right now, even in the states where recreational usage is legal, many employers do not accept potential employees or will lay off current employees who tests positive, because it is their company policy.

MJ has been a hot topic for many years- someone will promise to make it less illegal IF they're elected.
that's how election works- that way, nobody is surprised when they "win"

it keeps you distracted from what's actually going on.
super effective.

originally posted by: bigfatfurrytexan
From a legal standpoint:

Would it be better to, under the current system, be arrested for possession of 1 gram of pot? Or would it be better to be arrested for possession of 1 gram of a controlled substance? Is there such a thing as getting a ticket and fine for possession of a controlled substance?

In light of that, is this law really benefitting the people cheering it on? Or will it just become far, far easier to make felons out of more people?

Pot is a controlled substance already, in the same class(I) as the drugs that are considered the worst of the worst.

Am I missing something about the classification ?

Schedule I
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence.
Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide ('___'), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote

www.dea.gov...

a reply to: Dreamwatcher

I believe the premise BFFT was attempting to address was the disparity between local and federal laws and what the potential penalties would be if one were caught carrying it AFTER this bill was signed into law. I.E. if the feds were allowing it to be prescribed legally, would getting caught with it ex post facto be a worse penalty than it is now. If getting caught with a small amount now is merely a violation with a minimal fine, would it then become a felony for carrying a prescribed medication without a prescription. The equivalent to someone illegally purchasing narcotic pain medication such as Percocet or hydrocodone. I don't believe that is the case and that the current state laws in effect would remain so and the federal government wouldn't be at all concerned with you unless you were carrying "weight" across state lines.

I'm sorry this is just falling into the medical field. Its a crime against humanity and all laws regarding it are null and void at conception for its a miracle medicine given to mankind, and also food, building, plastic, resins, can make cars, guitars, anything pratically and belongs to all people without any handlers.

a reply to: Dreamwatcher

Except possession of a small amount of pot is a misdemeanor, maybe a traffic violation type penalty. In Texas its Class B if you are prosecuted. But a couple of pills is a felony.

That is the current difference.

a reply to: Unity_99

Not to go too far off topic but, there were bills introduced in the House and Senate back in January to legalize industrial Hemp production again for the first time in nearly 70 years.

During WW2 Hemp was used for paper, oil, clothing, cosmetics and a host of other products as a stop gap due to shortages of other goods during the war effort. In 1943 alone, roughly 150 million pounds harvest from over 143,000 acres of Hemp was produced.

The U.S. is the worlds largest consumer of Hemp products and the only western nation that has made its production illegal. A few years back, a farm bill was signed into law by Obama allowing research to be done and prohibiting the DEA from going after, Hemp in states that allowed research on industrial Hemp.

The only reason I've gone off track here with this is that I feel there will be parallels exhibited if this new medical legislation passes and is signed by the POTUS. See, after the farm bill allowing Hemp research was passed, 20 more states changed their laws to allow said research to be conducted.

I honestly feel that if Cannabis is rescheduled to a Schedule II drug for medical purposes, that we will see a host of states eager to allow medical MJ as well increasing the number dramatically from the 23 that currently allow it. A huge obstacle for a lot of legislators seems to be the federal ban on the plant. With that ban removed, they will, I believe, be much more inclined to allow its use in a controlled medical setting. I doubt the willingness to move in that direction will be an altruistic rationale and more of a financial incentive based on the potential tax revenue but whatever it is that motivates them, in the end isn't as relevant to me as the end result.

Between the nerve damage and the seizures, this would be a far better alternative than the pharmaceutical cocktails they are currently pushing on me so from a personal perspective I'm keeping my fingers crossed on this. Add in the ability of the VA to recommend and prescribe it in states where there are medical laws on the books and I'll support this to no end. Just my 2 cents on the matter.