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Barney Frank: My pot bill lives

01:00 AM EDT on Thursday, April 3, 2008

I agree with the editorial in favor of changing the federal law in order to protect patients in states that have permitted marijuana for medical use. However, in your article on Feb. 14, titled “Marijuana quandary,” you have one important omission in regard to the existence of national legislation. I have in fact introduced that very legislation in every year since 1997.

The States’ Rights to Medical Marijuana Act would give effect to decisions made by the states to prescribe marijuana when, in the physicians’ medical judgment, it is an appropriate treatment. This bill would allow states, by their appropriate decision-making processes and without fear of federal interference, to decide if they wish to let physicians practicing medicine in those states add marijuana to the long list of substances they can prescribe when they believe it to be medically indicated. Furthermore, my bill would put a stop to federal raids and criminal penalties on patients who are following state law by eliminating federal penalties related to the medical use of marijuana in states where the activity has been approved by the legislature or the people (through the referendum or initiative process).

The new version of the States’ Right to Medical Marijuana Act will be introduced soon. Unfortunately, no action has ever been taken on my bill beyond the committee referral process, largely because of political fear on the part of my colleagues.

Your readers might also be interested in knowing that bipartisan amendments have been introduced by my colleagues, Representatives Maurice D. Hinchey (D.-N.Y.) and Dana Rohrabacher (R.-Calif.) every year since 2003 to preclude the use of federal funding to prosecute medical-marijuana patients by the Department of Justice. Each time the amendment has been voted on, it has failed in the House. I have consistently supported it.

Beyond myself as the sponsor of the states’ rights bill, and Representatives Hinchey and Rohrabacher, there are a number of my colleagues on both sides of the aisle, like Representative Ron Paul (R.-Texas) and Rep. Sam Farr (D.-Calif.), among others, who have also “muster[ed] the fortitude” to be voices for these initiatives. With more editorial support such as yours, we may win.

BARNEY FRANK

Washington

The writer is a Massachusetts congressman.

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