PART 3 FEDERAL MARIJUANA LAWS: In part 3 we look at some of Title 21, and then take another break, because reading marijuana laws is really boring; or too shocking and upsetting to read the draconian prison terms. No wonder the U.S. Congress got away with making so many laws, they just figure the public goes to sleep trying to read them.
Previously, we looked at Part 1 Federal Marijuana Laws http://ibrattleboro.com/sections/other/part-1-federal-marijuana-laws-trump-state-marijuana-laws-so-it-time-learn-federal-pot
Previously, in Part 1, we looked at food stamps & marijuana, federal forest land & marijuana, federal immigration laws & marijuana, and U.S. Military law & marijuana. http://ibrattleboro.com/sections/other/part-1-federal-marijuana-laws-trump-state-marijuana-laws-so-it-time-learn-federal-pot
INCLUDES: 7 USC 2014; 7 USC 2209e; 8 USC 1182; 8 USC §1227; 8 USC 1254a; 8 USC 1255; 10 USC 912a;
16 USC 559b;16 USC §559c
Then we looked at Part 2 Federal Marijuana Laws FEDERAL MARIJUANA LAWS PART 2 http://ibrattleboro.com/sections/other/part-2-federal-marijuana-laws-governor-phil-scott-consider-morning-his-big-decision-i
We start off with Title 18 Criminal laws: explosives & marijuana; prisons & marijuana; and then Title 19 international treaties & marijuana. Please keep in mind that changing state marijuana laws does NOT change federal laws which are spelled three different ways in the federal laws: marijuana, marihuana and cannabis.
Here, in Part 3 of Federal Marijuana Laws, (also spelled marihuana and cannabis)
we will look at just some of TITLE 21.
Remember, there are a lot more federal marijuana laws, so
be looking forward to more parts: Title 3; Title 5; Title 20;
Title 22; Title 23; Title 25; Title 26; Title 28; Title 42; Title 48;
Title 49 and International Treaties.
No wonder there are more people in prison
in the United States of America per population
than elsewhere in the world!
Remember, this is only Part 3, and there are more
marijuana, marihuana and cannabis laws in the U.S.A.!
Are states “ripping people off” by “double taxation”
because state marijuana laws all too closely duplicate
federal marijuana laws, and this “trick” makes
taxpayers pay for state prison sentences and federal
prison sentences which are not always served concurrently?
Law Library of Congress
https://www.loc.gov/
http://uscode.house.gov/browse.xhtml
PART 3 FEDERAL MARIJUANA LAWS
TITLE 21
21 USC 186 to 187; 21 USC 209; 21 USC 353; 21 USC 801
21 USC 802; 21 USC 812; 21 USC 822; 21 USC 841
PART 4 FEDERAL MARIJUANA LAWS,
COMING SOON TO ibrattleboro.com
21 USC 842; 21 USC 843; 21 USC 859; 21 USC 860
21 USC 863; 21 USC 960; 21 USC 962
21 USC 967; 21 USC 1705; 21 USC 1708
21 USC 1713; 26 4761
21 USC 186 to 187: Transferred
Text contains those laws in effect on May 25, 2017
From Title 21-FOOD AND DRUGS
CHAPTER 6-NARCOTIC DRUGS
MARIHUANA AND HEALTH REPORTING
§§186, 187. Transferred
Codification
Section 186, Pub. L. 91–296, title V, §501, June 30, 1970, 84 Stat. 352,
which related to congressional findings as to marihuana use,
the need for a better understanding of the health consequences,
and the lack of information thereto, was transferred and set out
as a note under section 242 of Title 42, The Public Health and Welfare.
Section 187, Pub. L. 91–296, title V, §502, June 30, 1970, 84 Stat. 352,
which directed the Secretary of Health, Education and Welfare to report
to Congress on the current information on the health consequence of
marihuana use, with recommendations for legislative and administrative
action and to submit a preliminary report no later than 90 days after
June 30, 1970, was transferred and set out as a note under
section 242 of Title 42.
21 USC 209
21 USC 353
TITLE 21 / CHAPTER 9 / SUBCHAPTER V / Part A / § 353
§353. Exemptions and consideration for certain drugs, devices, and biological
products:
(b) Prescription by physician; exemption from labeling and prescription
requirements; misbranded drugs; compliance with narcotic and marihuana laws
(1) A drug intended for use by man which-
(A) because of its toxicity or other potentiality for harmful effect, or the method
of its use, or the collateral measures necessary to its use, is not safe for use except
under the supervision of a practitioner licensed by law to administer such drug; or
(B) is limited by an approved application under section 355 of this title to use under
the professional supervision of a practitioner licensed by law to administer such drug
shall be dispensed only (i) upon a written prescription of a practitioner licensed by law
to administer such drug, or (ii) upon an oral prescription of such practitioner which is
reduced promptly to writing and filed by the pharmacist, or (iii) by refilling any such
written or oral prescription if such refilling is authorized by the prescriber either in the
original prescription or by oral order which is reduced promptly to writing and filed by
the pharmacist. The act of dispensing a drug contrary to the provisions of this paragraph
shall be deemed to be an act which results in the drug being misbranded
while held for sale.
21 USC 801
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part A / § 801
§ 801. Congressional findings and declarations: controlled substances
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate
medical purpose and are necessary to maintain the health and general welfare of
the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper
use of controlled substances have a substantial and detrimental effect on the health
and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and
foreign commerce. Incidents of the traffic which are not an integral part of the interstate
or foreign flow, such as manufacture, local distribution, and possession, nonetheless
have a substantial and direct effect upon interstate commerce because-
(A) after manufacture, many controlled substances are transported in interstate
commerce,
(B) controlled substances distributed locally usually have been transported in interstate
commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce
immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling
the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be
differentiated from controlled substances manufactured and distributed interstate.
Thus, it is not feasible to distinguish, in terms of controls, between controlled
substances manufactured and distributed interstate and controlled substances
manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances
is essential to the effective control of the interstate incidents of such traffic.
(7) The United States is a party to the Single Convention on Narcotic Drugs, 1961,
and other international conventions designed to establish effective control over
international and domestic traffic in controlled substances.
( Pub. L. 91–513, title II, §101, Oct. 27, 1970, 84 Stat. 1242 .)
Commission on Marihuana and Drug Abuse
Pub. L. 91–513, title II, §601, Oct. 27, 1970, 84 Stat. 1280 , as amended by
Pub. L. 92–13, May 14, 1971, 85 Stat. 37 , provided that:
“(a) [Establishment; composition] There is established a commission
to be known as the
___________________________________
Commission on Marihuana and Drug Abuse
___________________________________
(hereafter in this section referred to as the ‘Commission’).
The Commission shall be composed of-
“(1) two Members of the Senate appointed by the President of the Senate;
“(2) two Members of the House of Representatives appointed by the Speaker
of the House of Representatives; and
“(3) nine members appointed by the President of the United States…
…..The Commission may secure directly from any department or agency
of the United States information necessary to enable it to carry out its duties
under this section. Upon request of the Chairman of the Commission, such
department or agency shall furnish such information to the Commission.
“(d) [Marihuana study; report to the President and the Congress] (1) The
Commission shall conduct a study of
marihuana
including, but not limited to
the following areas:
“(A) the extent of use of
marihuana
in the United States to include its various
sources of users, number of arrests, number of convictions, amount of marihuana
seized, type of user, nature of use;
“(B) an evaluation of the efficacy of existing marihuana laws;
“(C) a study of the pharmacology of
marihuana
and its immediate and long-term
effects, both physiological and psychological;
“(D) the relationship of
marihuana
use to aggressive behavior and crime;
“(E) the relationship between
marihuana
and the use of other drugs; and
“(F) the international control of
marihuana……
21 USC 802
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part A / § 802
21 USC 802: Definitions
Text contains those laws in effect on May 25, 2017
…..(4) The term “Drug Enforcement Administration” means
the Drug Enforcement Administration in the Department of Justice.
….(6) The term “controlled substance” means a drug or other substance,
or immediate precursor, included in schedule I, II, III, IV, or V of part B
of this subchapter. The term does not include distilled spirits, wine,
malt beverages, or tobacco, as those terms are defined or used in
subtitle E of the Internal Revenue Code of 1986…..
…..(12) The term “drug” has the meaning given that term by
section 321(g)(1) of this title.
(13) The term “felony” means any Federal or State offense
classified by applicable Federal or State law as a felony.
http://uscode.house.gov/view.xhtml?req=marihuana&f=treesort&fq=true&num=19&hl=true&edition=prelim&granuleId=USC-prelim-title21-section802
…..(16) The term
“marihuana”
means all parts of the plant
Cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted from any part
of such plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds or resin.
Such term does not include
the mature stalks of such plant, fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant
which is incapable of germination…..
…..(44) The term “felony drug offense” means an offense that is punishable
by imprisonment for more than one year under any law of the United States
or of a State or foreign country that prohibits or restricts conduct relating
to narcotic drugs,
marihuana,
anabolic steroids, or depressant or stimulant substances……
21 USC 812
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part B / § 812
21 USC 812: Schedules of controlled substances
Text contains those laws in effect on May 25, 2017
Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part B-Authority To Control; Standards and Schedules
§812. Schedules of controlled substances
(a) Establishment
There are established five schedules of controlled substances,
to be known as schedules I, II, III, IV, and V.
Such schedules shall initially consist of the substances listed in this section.
The schedules established by this section shall be updated and republished
on a semiannual basis during the two-year period beginning one year after
October 27, 1970, and shall be updated and republished on an annual basis thereafter.
(b) Placement on schedules; findings required
Except where control is required by United States obligations under an
international treaty, convention,
or protocol, in effect on October 27, 1970, and except in the case
of an immediate precursor, a drug or other substance may not be
placed in any schedule unless the findings required for such schedule
are made with respect to such drug or other substance. The findin
required for each of the schedules are as follows:
(1) Schedule I.-
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use
in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other
substance under medical supervision
_________
Schedule I
_________
(c) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation, which contains any
quantity of the following hallucinogenic substances, or which contains
any of their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(1) 3,4-methylenedioxy amphetamine.
(2) 5-methoxy-3,4-methylenedioxy amphetamine.
(3) 3,4,5-trimethoxy amphetamine.
(4) Bufotenine.
(5) Diethyltryptamine.
(6) Dimethyltryptamine.
(7) 4-methyl-2,5-dimethoxyamphetamine.
(8) Ibogaine.
(9) Lysergic acid diethylamide.
(10) Marihuana.
(11) Mescaline.
(12) Peyote.
(13) N-ethyl-3-piperidyl benzilate.
(14) N-methyl-3-piperidyl benzilate.
(15) Psilocybin.
(16) Psilocyn.
(17) Tetrahydrocannabinols.
(18) 4-methylmethcathinone (Mephedrone).
(19) 3,4-methylenedioxypyrovalerone (MDPV).
…..etc., etc., etc. …..
21 USC 822
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part C / § 822
21 USC 822: Persons required to register
Text contains those laws in effect on May 25, 2017
Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part C-Registration of Manufacturers, Distributors,
and Dispensers of Controlled Substances
iod of registration
(1) Every person who manufactures or distributes any controlled substance
or list I chemical,
or who proposes to engage in the manufacture or distribution of any
controlled substance or list I chemical, shall obtain annually a registration
issued by the Attorney General in accordance with the rules an
regulations promulgated by him.
(2) Every person who dispenses, or who proposes to dispense,
any controlled substance, shall obtain from the Attorney General a
registration issued in accordance with the rules and regulations
promulgated by him. The Attorney General shall, by regulation,
determine the period of such registrations. In no event, however,
shall such registrations be issued for less than one year nor for
more than three years.
(b) Authorized activities
Persons registered by the Attorney General under this subchapter to
manufacture, distribute, or dispense controlled substances or
list I chemicals
are authorized to possess, manufacture, distribute, or dispense
such substances or chemicals (including any such activity in the
conduct of research) to the extent authorized by their registration
and in conformity with the other provisions of this subchapter.
21 USC 841
TITLE 21 / CHAPTER 13 / SUBCHAPTER I / Part D / § 841
21 USC 841: Prohibited acts A
Text contains those laws in effect on May 25, 2017
Title 21-FOOD AND DRUGS
CHAPTER 13-DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I-CONTROL AND ENFORCEMENT
Part D-Offenses and Penalties
§ 841 Prohibited acts A
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful
for any person knowingly or intentionally-
(1) to manufacture, distribute, or dispense, or possess with intent
to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent
to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of
this title, any person who violates subsection (a) of this section
shall be sentenced as follows:
…..(vii) 1000 kilograms or more of a mixture or substance containing
a detectable amount of marihuana,
or 1,000 or more marihuana plants regardless of weight;
…..such person shall be sentenced to a term of imprisonment which
may not be less than 10 years or more than life and if death or serious
bodily injury results from the use of such substance shall be not less
than 20 years or more than life, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18 or $10,000,000
if the defendant is an individual or $50,000,000 if the defendant is other
than an individual, or both. If any person commits such a violation after
a prior conviction for a felony drug offense has become final, such person
shall be sentenced to a term of imprisonment which may not be less than
20 years and not more than life imprisonment and if death or serious bodily
injury results from the use of such substance shall be sentenced to life
imprisonment, a fine not to exceed the greater of twice that authorized in
accordance with the provisions of title 18 or $20,000,000 if the defendant
is an individual or $75,000,000 if the defendant is other than an individual,
or both. If any person commits a violation of this subparagraph or of section
849, 859, 860, or 861 of this title after two or more prior convictions for a
felony drug offense have become final, such person shall be sentenced to a
mandatory term of life imprisonment without release and fined in accordance
with the preceding sentence. Notwithstanding section 3583 of title 18, any
sentence under this subparagraph shall, in the absence of such a prior conviction,
impose a term of supervised release of at least 5 years in addition to such term
of imprisonment and shall, if there was such a prior conviction, impose a term
of supervised release of at least 10 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not place on probation
or suspend the sentence of any person sentenced under this subparagraph.
No person sentenced under this subparagraph shall be eligible for parole
during the term of imprisonment imposed therein……
…..(vii) 100 kilograms or more of a mixture or substance containing a detectable
amount of marihuana, or 100 or more marihuana plants regardless of weight;…..
….. such person shall be sentenced to a term of imprisonment which may not be less
than 5 years and not more than 40 years and if death or serious bodily injury result
from the use of such substance shall be not less than 20 years or more than life,
a fine not to exceed the greater of that authorized in accordance with the provisions
of title 18 or $5,000,000 if the defendant is an individual or $25,000,000 if the
defendant is other than an individual, or both. If any person commits such a
violation after a prior conviction for a felony drug offense has become final, such
person shall be sentenced to a term of imprisonment which may not be less than
10 years and not more than life imprisonment and if death or serious bodily injury
results from the use of such substance shall be sentenced to life imprisonment,
a fine not to exceed the greater of twice that authorized in accordance with the
provisions of title 18 or $8,000,000 if the defendant is an individual or $50,000,000
if the defendant is other than an individual, or both. Notwithstanding section 3583
of title 18, any sentence imposed under this subparagraph shall, in the absence
of such a prior conviction, include a term of supervised release of at least 4 years
in addition to such term of imprisonment and shall, if there was such a prior conviction,
include a term of supervised release of at least 8 years in addition to such term
of imprisonment. Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person sentenced under this
subparagraph. No person sentenced under this subparagraph shall be eligible
for parole during the term of imprisonment imposed therein.
…..(D) In the case of less than 50 kilograms of marihuana, except in the case of
50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or
one kilogram of hashish oil, such person shall, except as provided in paragraphs
(4) and (5) of this subsection, be sentenced to a term of imprisonment of not more
than 5 years, a fine not to exceed the greater of that authorized in accordance with
the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000
if the defendant is other than an individual, or both. If any person commits such a
violation after a prior conviction for a felony drug offense has become final, such
person shall be sentenced to a term of imprisonment of not more than 10 years,
a fine not to exceed the greater of twice that authorized in accordance with the
provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000
if the defendant is other than an individual, or both. Notwithstanding section 3583
of title 18, any sentence imposing a term of imprisonment under this paragraph shall,
in the absence of such a prior conviction, impose a term of supervised release of
at least 2 years in addition to such term of imprisonment and shall, if there was such
a prior conviction, impose a term of supervised release of at least 4 years in addition
to such term of imprisonment.
…..(4) Notwithstanding paragraph (1)(D) of this subsection, any person who violates
subsection (a) of this section by distributing
a small amount of marihuana
for no remuneration
shall be treated as provided in section 844 of this title and section 3607 of title 18.
http://uscode.house.gov/view.xhtml?req=marihuana&f=treesort&fq=true&num=21&hl=true&edition=prelim&granuleId=USC-prelim-title21-section841
Subsec. (b)(2). Pub. L. 110–425, §3(e)(2), substituted “5 years” for “3 years”,
“10 years” for “6 years”, and “after a prior conviction for a felony drug offense
has become final,” for “after one or more prior convictions of him for an offense
punishable under this paragraph, or for a felony under any other provision of this
subchapter or subchapter II of this chapter or other law of a State, the United States,
or a foreign country relating to narcotic drugs,
marihuana,
or depressant or
stimulant substances, have become final,”.
Subsec. (b)(3). Pub. L. 110–425, §3(e)(3), substituted “4 years” for “2 years”
and “after a prior conviction for a felony drug offense has become final,”
for “after one or more convictions of him for an offense punishable under this
paragraph, or for a crime under any other provision of this subchapter or
subchapter II of this chapter or other law of a State, the United States, or a
foreign country relating to narcotic drugs
, marihuana,
or depressant or stimulant substances, have become final,” and inserted at end
“Any sentence imposing a term of imprisonment under this paragraph may,
if there was a prior conviction, impose a term of supervised release of
not more than 1 year, in addition to such term of imprisonment.”
