Detailed Summary

Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults - Prohibits the imposition of any penalty under an Act of Congress for the possession of marijuana for personal use or for the not-for-profit transfer between adults of marijuana for personal use.

Deems the possession of 100 grams or less of marijuana as personal use (one ounce or less for a not-for-profit transfer between adults).

Allows the imposition of a civil penalty under the Controlled Substances Act for the public use of marijuana if such penalty does not exceed $100.

Status of the Legislation

Latest Major Action: 4/28/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Points in Favor

- States Rights: Allows states to decide if and how they wish to prosecute possessors of small quantities of Marijuana. By eliminating federal penalties for such possession, the Commerce Clause will no longer pre-empt state law with respect to low-level possession.

- Cost: Would reduce cost of federal law enforcement efforts that are disproportionate to the alleged cost of self-harm. Law enforcement resources should be used to prevent harm-to-others, not self-harm.

- Law Enforcement: Allows law enforcement to more thoroughly address activities that cause harm-to-others by relieving officers, agents, prosecutors, and judges of legal duty to enforce a law which has been enacted to prevent harm-to-self.

- Personal Liberties: Live and let live. The bill would allow states to determine whether people should be able to use marijuana in the privacy of their home. So long as the users aren't harming anyone, it is extremely offensive to brand them as criminals and force them to live in fear.

Points Against

- Action Required at State Level: The bill would divest the federal government of authority to prosecute low-level possession, but state laws would still need to be changed for responsible users to be protected, except potentially in Alaska.