Should Marijuana be Federally Decriminalized? (H.R. 1227)

What is H.R. 1227?

(Updated April 18, 2021)

This bill would remove marijuana and tetrahydrocannabinols (THC) from the list of schedule I controlled substances which have no medical value. It would amend the Controlled Substances Act to exclude marijuana from the law’s regulatory controls and administrative, civil, and criminal penalties. Additionally, criminal penalties for individuals who import, export, manufacture, distribute, or possess marijuana with intent to distribute marijuana would be repealed.

This bill would make it a crime to knowingly ship or transport marijuana into a state where its receipt, possession, or sale is prohibited. Violators would be subject to criminal penalties — a fine, a prison term of up to one year, or both.

Argument in favor

The federal government should end its failed prohibition on marijuana and decriminalize it, thus letting states make their own decisions about the substance.

Argument opposed

Marijuana should continue to be considered a criminal drug by the federal government to discourage its use.

Impact

People who would possess or consume marijuana and businesses that would produce or sell it; law enforcement agencies; and state governments.

Cost of H.R. 1227

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Tom Garrett (R-VA) introduced this bill to federally decriminalize marijuana:

“I have long believed justice that isn’t blind, isn’t justice. Statistics indicate that minor narcotics crimes disproportionately hurt areas of lower socio-economic status and what I find most troubling is that we continue to keep laws on the books that we do not enforce. Virginia is more than capable of handling its own marijuana policy, as are states such as Colorado or California. This step allows states to determine appropriate medicinal use and allows for industrial hemp growth, something that will provide a major economic boost to agricultural development in Southside Virginia.”

Original cosponsor Rep. Tulsi Gabbard (D-HI) added:

“These reforms that we are calling for in this bipartisan bill are common sense and they are long overdue — long overdue changes that will help to reduce the strain on our criminal justice system, create certainty and reduce contradictions and confusion between state and federal law, and update those federal laws to actually meet the needs and progress that states are making across the country.”

This legislation has the support of 33 bipartisan cosponsors, including 27 Democrats and six Republicans.

Media:

• Sponsoring Rep. Tom Garrett (R-VA) Press Release
  
• Cosponsoring Rep. Tulsi Gabbard (D-HI) Statement
  
• Washington Post
  
• Libertarian Institute (In Favor)
  
• NORML (In Favor)