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H.R. 1831 Industrial Hemp Farming Act of 2011
H.R.1831 status as of 10/07/2011 per http://thomas.loc.gov/cgi-bin/bdquery/z?d112:H.R.1831:#
Latest Title: Industrial Hemp Farming Act of 2011
Sponsor: Rep Paul, Ron [TX-14] (introduced 5/11/2011) Cosponsors (26)
Latest Major Action: 6/1/2011 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
COSPONSORS(26), ALPHABETICAL
|
Rep Baldwin, Tammy [WI-2] |
Rep Kucinich, Dennis J [OH-10] |
| Rep Benishek, Dan [MI-1] | Rep McClintock, Tom [CA-4] |
| Rep Blumenauer, Earl [OR-3] | Rep McDermott, Jim [WA-7] |
| Rep Campbell, John [CA-48] | Rep Miller, George [CA-7] |
| Rep Clay, Wm. Lacy [MO-1] | Rep Moran, James P. [VA-8] |
| Rep Cohen, Steve [TN-9] | Rep Nadler, Jerrold [NY-8] |
| Rep DeFazio, Peter A. [OR-4] | Rep Pingree, Chellie [ME-1] |
| Rep Ellison, Keith [MN-5] | Rep Polis, Jared [CO-2] |
| Rep Farr, Sam [CA-17] | Rep Rehberg, Denny [MT] |
| Rep Frank, Barney [MA-4] | Rep Rohrabacher, Dana [CA-46] - |
| Rep Grijalva, Raul M. [AZ-7] | Rep Schakowsky, Janice D. [IL-9] |
| Rep Hinchey, Maurice D. [NY-22] | Rep Stark, Fortney Pete [CA-13] |
| Rep Honda, Michael M. [CA-15] | Rep Woolsey, Lynn C. [CA-6] |
1st Session |
To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes.
Mr. Paul (for himself, Ms. Baldwin, Mr. Blumenauer, Mr. Clay, Mr. Cohen, Mr. DeFazio, Mr. Ellison, Mr. Farr, Mr. Frank of Massachusetts, Mr. Grijalva, Mr. Hinchey, Mr. McClintock, Mr. McDermott, Mr. George Miller of California, Mr. Moran, Mr. Nadler, Ms. Pingree of Maine, Mr. Polis, Mr. Rohrabacher, Ms. Schakowsky, Mr. Stark, Ms. Woolsey, and Mr. Kucinich) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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
To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, 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 “Industrial Hemp Farming Act of 2011”.
SEC. 2. Exclusion of industrial hemp from definition of marihuana.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended—
(1) in paragraph (16)—
(A) by striking “(16) The” and inserting “(16)(A) The”; and
(B) by adding at the end the following:
“(B) The term ‘marihuana’ does not include industrial hemp.”; and
(2) by adding at the end the following:
“(57) The term ‘industrial hemp’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”.
SEC. 3. Industrial hemp determination.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following:
“(i) Industrial hemp determination.—If a person grows or processes Cannabis sativa L. for purposes of making industrial hemp in accordance with State law, the Cannabis sativa L. shall be deemed to meet the concentration limitation under section 102(57).”.
11-0046 Repeal Cannabis Prohibition Act of 2012
1524. (11-0046)
Marijuana Legalization. Initiative Statute.
Summary Date: 11/21/11 | Circulation Deadline: 04/19/12 | Signatures Required: 504,760
Proponents: Joe Rogoway, Frank H. Lucido, Pebbles Trippet, William Panzer, and Omar Figueroa (707) 520-4205
Decriminalizes marijuana use, possession, cultivation, transportation, distribution, or sale for adults aged 19 and older. Creates California Cannabis Commission to regulate commercial cultivation, processing, testing, transport, distribution, sale, facilities for on-premises consumption, and smoking in public, but authorizes local governments to permit conduct otherwise prohibited by state law and regulations. Exempts from regulation or taxation up to three pounds of marijuana for personal use. Retains laws prohibiting marijuana-related conduct that contributes to the delinquency of a minor and driving while impaired by marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The fiscal effects of this measure are subject to considerable uncertainty depending on the extent to which the federal government continues to enforce federal marijuana laws and depending upon how, and to what extent, the state chooses to regulate the commercial production and sale of marijuana. Savings potentially in the low hundreds of millions of dollars annually to state and local governments on the costs of enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Costs potentially up to the low tens of millions of dollars annually to the state to regulate the commercial production and sale of marijuana. Potentially hundreds of millions of dollars in net additional tax revenues related to the production and sale of marijuana products. (11-0046) (Full Text)
Repeal Cannabis Prohibition Act of 2012
This initiative measure is submitted to the People of the State of California in accordance with the provisions of Article II, Section 8 of the Constitution.
This initiative measure adds Chapter 6.7, entitled “Repeal of Cannabis Prohibition,” to Division 10 of the Health and Safety Code.
PROPOSED LAW
SECTION 1. Sections 11420, 11421, 11422, 11423, 11424, 11425, 11426, and 11427 are added to the Health and Safety Code, to read:
11420(a). This Act shall be known and cited as the Repeal Cannabis Prohibition Act of 2012.
(b)(1 ) The People of the State of California hereby find and declare that the purposes of the Repeal Cannabis Prohibition Act of 2012 are as follows:
(A) To ensure that adults have the right to obtain and use cannabis
(B) To ensure that adults who participate in cannabis related activities are not subject to criminal arrest, prosecution or sanction.
(C) To make cannabis available for scientific, medical, industrial and research purposes.
(2) Nothing in the section shall be construed to supercede legislation prohibiting persons from driving impaired, nor to condone the diversion of cannabis to minors.
(c)”Canabis” means “marijuana” as defined in Section 11018 and “concentrated cannabis” as defined in Section 11006.5.
11421(a). The Following statutes are hereby repealed from the Health and Safety Code: Section 11054(d)(13),Section 11054(d)(20), Section 11357, Section 11358, Section 11359, Section 11360, and Section 11361. Section 23222(b) of the California Vehicle Code is hereby repealed. Cannabis related activities are herby removed from the prohibitions contained within the Health and Safety Code Sections 11364.7, 11365, 11366,11366.5,11379.6 and 11570.
(b). The repeal of Health and Safety Code section 11360, as related to sales only, will be effectuated within 180 days of passage of the Act in order to allow the California Cannabis Commission the opportunity to enact commercial cannabis regulations.
11422. It shall not be a crime or public offense for an adult, 19 years of age or older, to use, possess, share, cultiviate, transport, process, distribute, sell or otherwise engage in cannabis related activities.
11423(a). A new state commission is hereby created and shall be named the California Cannabis Commission which shall be empowered to establish and oversee the regulatory system for the commercial cultivation, manufacturing, processing, testing, transportation, distribution, and sales of cannabis. This shall include promulgation of regulations to control, license, permit, or otherwise authorize the commercial cultivation, manufacturing, processing, testing, transportation, distribution and sales of cannabis. These regulations shall include appropriate controls on the licensed premises for commercial cultivation, sales and on-premises consumption of cannabis including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties, and other environmental and public health controls. These regulations may not include bans of the conduct permitted by this Act. The Legislature is hereby empowered to define the organizational structure and membership of the California Cannabis Commission.
(b) Any regulations created by the California Cannabis Commission may not infringe on the individual rights set forth in this Act. Any taxes, regulations, fines and fees imposed pursuant to this section shall not be imposed on personal amounts of cannabis below 3 pounds of processed cannabis and 100 sq. ft. of cannabis plant canopy per adult provided that the processed cannabis was not sold or purchased pursuant to subdivision(a).
(c) The California Cannabis Commission may regulate the smoking of cannabis in public.
11424. This Act, and all state implementations of this Act, shall preempt enactments of local jurisdictions with the exception that local jurisdictions may enhance the rights and protections of persons involved in cannabis related activities beyond what is delineated by the state or this Act.
11425. This Act shall not adversely affect the individual and group rights and protections afforded by California Health and Safety Code 11362.5 through 11362.83.
11426(a). Except as authorized by law, every person under the age of 19 who possesses, cultivates, transports, or distributes cannabis shall be guilty of a misdemeanor or an infraction.
(b) Except as authorized by law, every person 19 years or age or older who furnishes cannabis to a person under the age of 19 shall be guilty of a misdemeanor or infraction.
(c) Cannabis related conduct that contributes to the deliquency of a minor shall continue to be punised by Penal Code section 272. Driving while impaired by cannabis shall be punished by Vehicle Code Sections 23103, 23152(a), and 23153. Impairment occurs when a persons mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
11427. If any word, sentence, clause or provision of this Act of the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to thei end the provisions of this Act are severable.
The above text, and download below, is from the current bill on the California official elections site @ http://www.sos.ca.gov/elections/ballot-measures/attorney-general-information.htm as of 10/5/2011 – Use our Contact Us page to Let us know if this bill has changed
HR 1985 Small Business Tax Equity Act of 2011
H.R.1985
To amend the Internal Revenue Code of 1986 to allow a deduction for expenses in connection with the trade or business of selling marijuana intended for patients for medical purposes pursuant to State law.
Sponsor: Rep. Fortney Stark [D-CA13]
Status: This bill is in the first step in the legislative process.
Explanation: Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee. [Last Updated: Sep 13, 2011 6:16AM]
Latest Title: Small Business Tax Equity Act of 2011
Sponsor: Rep Stark, Fortney Pete[CA-13] (introduced 5/25/2011)
Cosponsors (12)
Latest Major Action: 5/25/2011 Referred to House committee. Status: Referred to the House Committee on Ways and Means.
Information current as of 10/1/2011 per http://thomas.loc.gov/cgi-bin/query/z?c112:h1985:#
Status Tracker (Opens pop-up)
Is Your Rep a Co-Sponsor? To find out go to http://www.house.gov/representatives/find/ and find your representatives.
COSPONSORS(12), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Blumenauer, Earl [OR-3] – 9/12/2011
Rep Farr, Sam [CA-17] – 6/13/2011
Rep Filner, Bob [CA-51] – 6/13/2011
Rep Frank, Barney [MA-4] – 5/25/2011
Rep Grijalva, Raul M. [AZ-7] – 6/24/2011
Rep Nadler, Jerrold [NY-8] – 6/21/2011
Rep Paul, Ron [TX-14] – 5/25/2011
Rep Polis, Jared [CO-2] – 5/25/2011
Rep Rohrabacher, Dana [CA-46] – 5/25/2011
Rep Sanchez, Linda T. [CA-39] – 6/13/2011
Rep Sherman, Brad [CA-27] – 7/8/2011
Rep Woolsey, Lynn C . [CA-6] – 6/3/2011
1st Session |
To amend the Internal Revenue Code of 1986 to allow a deduction for expenses in connection with the trade or business of selling marijuana intended for patients for medical purposes pursuant to State law.
Mr. Stark (for himself, Mr. Rohrabacher, Mr. Polis, Mr. Paul, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Ways and Means
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 “Small Business Tax Equity Act of 2011”.
SEC. 2. Deduction allowed for expenses in connection with sales of marijuana.
(a) In general.—Section 280E of the Internal Revenue Code of 1986 is amended—
(1) by striking “No deduction” and inserting “(a) In general.—No deduction”, and
(2) by adding at the end the following new subsection:
“(b) Exception.—Subsection (a) shall not apply to amounts paid or incurred in connection with the portion of the trade or business consisting of sales of marihuana (as defined by section 102(16) of the Controlled Substances Act) intended for patients for medical purposes pursuant to the law of a State.”.
(b) Effective date.—The amendments made by subsection (a) shall apply to amounts paid or incurred after the later of—
(1) the date of the enactment of this Act, or
(2) the date on which the State law referred to in section 280E(b) of the Internal Revenue Code of 1986 (as added by subsection (a)) is first effective.
HR 2306 Ending Federal Marijuana Prohibition Act of 2011
Status as of 10/1/2011 per http://thomas.loc.gov/cgi-bin/query/z?c112:h2306:#
H.R.2306
Latest Title: Ending Federal Marijuana Prohibition Act of 2011
Sponsor: Rep Frank, Barney [MA-4] (introduced 6/23/2011) Cosponsors (16)
Latest Major Action: 8/25/2011 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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COSPONSORS (Please Check to see if your Rep is a cosponsor, and if not, write and ask them to support this bill! )
IF you don’t know your Rep, you can find out at http://www.house.gov
| Rep Blumenauer, Earl [OR-3] – 9/7/2011 | Rep McDermott, Jim [WA-7] – 7/13/2011 |
| Rep Capuano, Michael E. [MA-8] – 9/21/2011 | Rep Nadler, Jerrold [NY-8] – 7/28/2011 |
| Rep Cohen, Steve [TN-9] – 6/23/2011 | Rep Norton, Eleanor Holmes [DC] – 7/8/2011 |
| Rep Conyers, John, Jr. [MI-14] – 6/23/2011 | Rep Paul, Ron [TX-14] – 6/23/2011 |
| Rep Farr, Sam [CA-17] – 9/21/2011 | Rep Polis, Jared [CO-2] – 6/23/2011 |
| Rep Grijalva, Raul M. [AZ-7] – 8/19/2011 | Rep Rangel, Charles B. [NY-15] – 7/28/2011 |
| Rep Honda, Michael M. [CA-15] – 7/29/2011 | Rep Rohrabacher, Dana [CA-46] – 7/13/2011 |
| Rep Lee, Barbara [CA-9] – 6/23/2011 | Rep Stark, Fortney Pete [CA-13] – 7/28/2011 |
1st Session
To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes.
Mr. Frank of Massachusetts (for himself, Mr. Paul, Mr. Conyers, Ms. Lee of California, Mr. Polis, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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
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 “Ending Federal Marijuana Prohibition Act of 2011”.
SEC. 2. Application of the Controlled Substances Act to marihuana.
Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:
“SEC. 103. Application of this Act to marihuana.
“(a) Prohibition on certain shipping or transportation.—This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof.
“(b) Penalty.—Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than one year, or both.”.
SEC. 3. Deregulation of marihuana.
(a) Removed from schedule of controlled substances.—Schedule I(c) of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended—
(1) by striking “marihuana”; and
(2) by striking “tetrahydrocannabinols”.
(b) Removal of prohibition on import and export.—Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—
(1) by striking subparagraph (G) of subsection (b)(1);
(2) by striking subparagraph (G) of subsection (b)(2); and
(3) by striking paragraph (4) of subsection (b).
SEC. 4. Conforming amendments to Controlled Substances Act.
(a) Section 102(44) of the Controlled Substances Act (21 U.S.C. 802(44)) is amended by striking “marihuana”.
(b) Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended as follows:
(1) In section 401—
(A) by striking subsection (b)(1)(A)(vii);
(B) by striking subsection (b)(1)(B)(vii);
(C) by striking subsection (b)(1)(D); and
(D) by striking subsection (b)(4).
(2) In section 402(c)(2)(B), by striking “marihuana”.
(3) In section 403(d)(1), by striking “marihuana”.
(4) In section 418(a), by striking the last sentence.
(5) In section 419(a), by striking the last sentence.
(6) In section 422(d), in the matter preceding paragraph (1), by striking “marijuana”.
(7) In section 422(d)(5), by striking “, such as a marihuana cigarette,”.
SEC. 5. Construction.
No provision of this Act shall be construed to affect Federal drug testing policies, and each Federal agency shall conduct a review of its drug testing policies not later than 30 days after the date of enactment of this Act to ensure that the language of any such policy is in accordance with this section.