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62-660: To amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana, 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 2009'. SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIJUANA. Paragraph (16) of section 102 of

124-400: A State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.' The Marihuana Tax Act of 1937 is the beginning of constriction for the growth of marijuana in

186-525: A cruel and/or arbitrary exercise of power). It eliminated mandatory minimum sentences and provided support for drug treatment and research. King notes that the rehabilitation clauses were added as a compromise to Senator Harold Hughes , who favored a moderate approach. The bill, as introduced by Senator Everett Dirksen , ran to 91 pages. While it was being drafted, the Uniform Controlled Substances Act , to be passed by state legislatures,

248-480: A delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.'. SEC. 3. INDUSTRIAL HEMP DETERMINATION TO BE MADE BY STATES. Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following new subsection: `(i) Industrial Hemp Determination To Be Made by States- In any criminal action, civil action, or administrative proceeding,

310-771: A manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government, and they cannot be nullified by the Executive or by the Executive and the Senate combined. There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. For example, in Geofroy v. Riggs , 133 U. S. 258, 133 U. S. 267, it declared: "The treaty power, as expressed in

372-720: A non-psychoactive compound that has started to turn up in beverages, health products and pet snacks, among other products. United States companies and industries which sell products made with hemp include Dr. Bronner's Magic Soaps, most of the bird seed sold in the U.S., and even the automobile companies Ford and BMW , historically and currently, experimented with hemp materials in their vehicles. Hemp food manufacturers such as French Meadow Bakery, Hempzels, Living Harvest, Nature's Path and Nutiva now make their products from Canadian hemp. These industries will no longer have to import hemp from other countries to produce these products. National drug control policies opposed this legislation as it

434-670: A prescription drug as determined under the Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq. ), may be dispensed without the written or electronically transmitted (21 CFR 1306.08) prescription of a practitioner, except that in emergency situations, as prescribed by the Secretary by regulation after consultation with the Attorney General, such drug may be dispensed upon oral prescription in accordance with section 503(b) of that Act (21 USC 353 (b)). With exceptions, an original prescription

496-528: A substance can be placed in that schedule. The specific classification of any given drug or other substance is usually a source of controversy, as is the purpose and effectiveness of the entire regulatory scheme. 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, absinthe, malt beverages, nicotine or tobacco, as those terms are defined or used in subtitle E of

558-799: A treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument. According to the Cato Institute, these treaties only bind (legally obligate) the United States to comply with them as long as that nation agrees to remain a state party to these treaties. The U.S. Congress and the President of the United States have the absolute sovereign right to withdraw from or abrogate at any time these two instruments, in accordance with said nation's Constitution , at which point these treaties will cease to bind that nation in any way, shape, or form. A provision for automatic compliance with treaty obligations

620-425: A weak relationship. Because refills of prescriptions for Schedule II substances are not allowed, it can be burdensome to both the practitioner and the patient if the substances are to be used on a long-term basis. To provide relief, in 2007, 21 CFR 1306.12 was amended (at 72 FR 64921 ) to allow practitioners to write up to three prescriptions at once, to provide up to a 90-day supply, specifying on each

682-554: Is always required even though faxing in a prescription in advance to a pharmacy by a prescriber is allowed. Prescriptions shall be retained in conformity with the requirements of section 827 of this title. No prescription for a controlled substance in Schedule II may be refilled. These drugs vary in potency: for example fentanyl is about 80 times as potent as morphine ( heroin is roughly two times as potent). More significantly, they vary in nature. Pharmacology and CSA scheduling have

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744-533: Is arranged by chamber, then by state. Senators are listed by class, and Members of the House are listed by district. Senators are popularly elected statewide every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers , which indicate the cycle of their election. In this Congress, Class 1 meant their term ended with this Congress, requiring re-election in 1970; Class 2 meant their term began in

806-492: Is found at 21 U.S.C.   § 811(d) , which also establishes mechanisms for amending international drug control regulations to correspond with HHS findings on scientific and medical issues. If control of a substance is mandated by the Single Convention, the Attorney General is required to "issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations," without regard to

868-519: Is further undisputed that the drug has at least some potential for abuse sufficient to warrant control under the CSA , the drug must remain in schedule I. In such circumstances, placement of the drug in schedules II through V would conflict with the CSA since such drug would not meet the criterion of "a currently accepted medical use in treatment in the United States." 21 USC 812(b). (emphasis added) Drugs listed in this control schedule include: In addition to

930-624: Is required to request that the Secretary of State take action, through the commission or the UN Economic and Social Council , to remove the drug from international control or transfer it to a different schedule under the convention. The temporary scheduling expires as soon as control is no longer needed to meet international treaty obligations. This provision was invoked in 1984 to place Rohypnol ( flunitrazepam ) in Schedule IV. The drug did not then meet

992-644: Is the Secretary of Health and Human Services (HHS). Under Article 3 of the Single Convention and Article 2 of the Convention on Psychotropic Substances, the World Health Organization is that authority. The domestic and international legal nature of these treaty obligations must be considered in light of the supremacy of the United States Constitution over treaties or acts and the equality of treaties and Congressional acts. In Reid v. Covert

1054-468: Is when international treaties require control of a substance. 21 U.S.C.   § 811(h) allows the Attorney General to temporarily place a substance in Schedule I "to avoid an imminent hazard to the public safety". Thirty days' notice is required before the order can be issued, and the scheduling expires after a year. The period may be extended six months if rulemaking proceedings to permanently schedule

1116-420: The 87th Congress . The count below identifies party affiliations at the beginning of the first session of this Congress, and includes members from vacancies and newly admitted states, when they were first seated. Changes resulting from subsequent replacements are shown below in the "Changes in membership" section. Error using {{ IPA symbol }}: "ETB90000 +251929883616" not found in list ===Senate=== This list

1178-652: The Attorney General , John N. Mitchell , was preparing a comprehensive new measure to more effectively meet the narcotic and dangerous drug problems at the federal level by combining all existing federal laws into a single new statute. With the help of White House Counsel head, John Dean ; the executive director of the Shafer Commission , Michael Sonnenreich ; and the Director of the BNDD , John Ingersoll creating and writing

1240-1040: The Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA), determine which substances are added to or removed from the various schedules, although the statute passed by Congress created the initial listing. Congress has sometimes scheduled other substances through legislation such as the Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000 , which placed gamma hydroxybutyrate (GHB) in Schedule I and sodium oxybate (the isolated sodium salt in GHB) in Schedule III when used under an FDA New Drug Application (NDA) or Investigational New Drug (IND). Classification decisions are required to be made on criteria including potential for abuse (an undefined term), currently accepted medical use in treatment in

1302-593: The Single Convention on Narcotic Drugs and/or the 1971 Convention on Psychotropic Substances prior to repealing the Controlled Substances Act. The exception would be if the U.S. were to claim that the treaty obligations violate the United States Constitution . Many articles in these treaties—such as Article 35 and Article 36 of the Single Convention—are prefaced with phrases such as "Having due regard to their constitutional, legal and administrative systems,

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1364-748: The Supreme Court of the United States addressed both these issues directly and clearly holding: [N]o agreement with a foreign nation can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution. Article VI , the Supremacy Clause of the Constitution, declares: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, and all Treaties made, or which shall be made, under

1426-508: The Authority of the United States, shall be the supreme Law of the Land; . . ." There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. These debates, as well as

1488-461: The Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or in that of one of

1550-404: The Controlled Substances Act (21 U.S.C. 802(16)) is amended-- (1) by striking `(16)' at the beginning and inserting `(16)(A)'; and (2) by adding at the end the following new subparagraph: `(B) The term `marihuana' does not include industrial hemp. As used in the preceding sentence, the term ` industrial hemp ' means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with

1612-418: The Controlled Substances Act's criteria for scheduling; however, control was required by the Convention on Psychotropic Substances. In 1999, an FDA official explained to Congress: Rohypnol is not approved or available for medical use in the United States, but it is temporarily controlled in Schedule IV pursuant to a treaty obligation under the 1971 Convention on Psychotropic Substances. At the time flunitrazepam

1674-588: The DEA may not control the substance. Once the DEA has received the scientific and medical evaluation from HHS, the DEA Administrator evaluates all available data and makes a final decision whether to propose that a drug or other substance be controlled and into which schedule it should be placed. Under certain circumstances, the Government may temporarily schedule a drug without following the normal procedure. An example

1736-409: The DEA to handle controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances. The Congressional findings in 21 USC §§ 801(7) , 801a(2) , and 801a(3) state that a major purpose of the CSA is to "enable

1798-471: The DEA's interpretation of the CSA, a drug does not necessarily have to have the same "high potential for abuse" as heroin, for example, to merit placement in Schedule I: [W]hen it comes to a drug that is currently listed in schedule I, if it is undisputed that such drug has no currently accepted medical use in treatment in the United States and a lack of accepted safety for use under medical supervision, and it

1860-493: The DEA, the agency begins its own investigation of the drug. The DEA may begin an investigation of a drug at any time based upon information received from laboratories, state and local law enforcement and regulatory agencies, or other sources of information. Once the DEA has collected the necessary data, the Deputy Administrator of DEA, requests from HHS a scientific and medical evaluation and recommendation as to whether

1922-481: The Internal Revenue Code of 1986. Some have argued that this is an important exemption, since alcohol and tobacco are two of the most widely used drugs in the United States. Schedule I substances are described as those that have all of the following findings: No prescriptions may be written for Schedule I substances, and such substances are subject to production quotas which the DEA imposes. Under

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1984-667: The Parties shall . . ." or "Subject to its constitutional limitations, each Party shall . . ." According to former United Nations Drug Control Programme Chief of Demand Reduction Cindy Fazey , "This has been used by the USA not to implement part of article 3 of the 1988 Convention, which prevents inciting others to use narcotic or psychotropic drugs, on the basis that this would be in contravention of their constitutional amendment guaranteeing freedom of speech ". There are five different schedules of controlled substances, numbered I–V. The CSA describes

2046-427: The Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed. The HHS recommendation on scheduling is binding to the extent that if HHS recommends, based on its medical and scientific evaluation, that the substance not be controlled, then

2108-503: The Shafer Commission after its chairman, Raymond P. Shafer —to study cannabis abuse in the United States. During his presentation of the commission's First Report to Congress, Sonnenreich and Shafer recommended the decriminalization of marijuana in small amounts, with Shafer stating, [T]he criminal law is too harsh a tool to apply to personal possession even in the effort to discourage use. It implies an overwhelming indictment of

2170-434: The States, or a cession of any portion of the territory of the latter, without its consent." This Court has repeatedly taken the position that an Act of Congress, which must comply with the Constitution, is on a full parity with a treaty, and that, when a statute which is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null. It would be completely anomalous to say that

2232-407: The United States documents. That is why, as stated in the bill , marijuana is spelled "marihuana;" to maintain consistency across government documents. Controlled Substances Act The Controlled Substances Act ( CSA ) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It

2294-402: The United States to meet all of its obligations" under international treaties . The CSA bears many resemblances to these Conventions. Both the CSA and the treaties set out a system for classifying controlled substances in several schedules in accordance with the binding scientific and medical findings of a public health authority. Under 21 U.S.C.   § 811 of the CSA, that authority

2356-687: The United States, and international treaties. The nation first outlawed addictive drugs in the early 1900s and the International Opium Convention helped lead international agreements regulating trade. The Pure Food and Drug Act (1906) was the beginning of over 200 laws concerning public health and consumer protections. Others were the Federal Food, Drug, and Cosmetic Act (1938), and the Kefauver Harris Amendment of 1962. In 1969, President Richard Nixon announced that

2418-573: The United States. An extremely high tax was placed on marijuana; making it nearly impossible to grow industrial hemp. However, congress expected the production of industrial hemp to continue, but the Federal Bureau of Narcotics lumped industrial hemp with marijuana and its successor, the US Drug Enforcement Administration , continued. Industrial hemp is now legal in the U.S., which advocates hope could eventually loosen laws around

2480-512: The beginning of the first session of this Congress Lists of committees and their party leaders for members of the House and Senate committees can be found through the Official Congressional Directory at the bottom of this article. The directory after the pages of terms of service lists committees of the Senate, House (Standing with Subcommittees, Select and Special) and Joint and, after that, House/Senate committee assignments. On

2542-422: The behavior which we believe is not appropriate. The actual and potential harm of use of the drug is not great enough to justify intrusion by the criminal law into private behavior, a step which our society takes only with the greatest reluctance. Rufus King notes that this stratagem was similar to that used by Harry Anslinger when he consolidated the previous anti-drug treaties into the Single Convention and took

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2604-512: The commission's scheduling decision, he can recommend that the Attorney General initiate proceedings to reschedule the drug accordingly. If the HHS Secretary disagrees with the UN controls, the Attorney General must temporarily place the drug in Schedule IV or V (whichever meets the minimum requirements of the treaty) and exclude the substance from any regulations not mandated by the treaty. The Secretary

2666-403: The different schedules based on three factors: The following table gives a summary of the different schedules. Placing a drug or other substance in a certain schedule or removing it from a certain schedule is primarily based on 21 USC §§ 801 , 801a , 802 , 811 , 812 , 813 , and 814 . Every schedule otherwise requires finding and specifying the "potential for abuse" before

2728-461: The dollar amounts of fines and durations of prison terms for violations. Subchapter II describes the laws for exportation and importation of controlled substances, again specifying fines and prison terms for violations. The Drug Enforcement Administration was established in 1973, combining the Bureau of Narcotics and Dangerous Drugs (BNDD) and Customs' drug agents. Proceedings to add, delete, or change

2790-404: The drug are in progress. In any case, once these proceedings are complete, the temporary order is automatically vacated. Unlike ordinary scheduling proceedings, such temporary orders are not subject to judicial review . The CSA creates a closed system of distribution for those authorized to handle controlled substances. The cornerstone of this system is the registration of all those authorized by

2852-600: The drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of HHS. Then, HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse and, on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of

2914-605: The earliest date on which it may be filled. 91st United States Congress The 91st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives . It met in Washington, D.C. , from January 3, 1969, to January 3, 1971, during the final weeks of the presidency of Lyndon Johnson and

2976-498: The first two years of the first presidency of Richard Nixon . The apportionment of seats in this House of Representatives was based on the 1960 United States census . Both chambers had a Democratic majority - albeit with losing their supermajority status in the Senate. With Richard Nixon being sworn in as president on January 20, 1969, this ended the Democrats' overall federal government trifecta that they had held since

3038-570: The history that surrounds the adoption of the treaty provision in Article VI, make it clear that the reason treaties were not limited to those made in "pursuance" of the Constitution was so that agreements made by the United States under the Articles of Confederation, including the important peace treaties which concluded the Revolutionary War, would remain in effect. It would be manifestly contrary to

3100-463: The last Congress, requiring re-election in 1972; and Class 3 meant their term began in this Congress, requiring re-election in 1974. Some members of the House of Representatives were elected statewide on the general ticket or otherwise at-large, and others were elected from districts, as listed here as the districts existed at this time. Both members were elected statewide on a general ticket . The count below reflects changes from

3162-584: The legislation, Mitchell was able to present Nixon with the bill. The CSA not only combined existing federal drug laws and expanded their scope, but it also changed the nature of federal drug law policies and expanded federal law enforcement pertaining to controlled substances. Title II, Part F of the Comprehensive Drug Abuse Prevention and Control Act of 1970 established the National Commission on Marijuana and Drug Abuse —known as

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3224-400: The named substance, usually all possible ethers, esters, salts and stereoisomers of these substances are also controlled and also 'analogues', which are chemically similar chemicals. Schedule II substances are those that have the following findings: Except when dispensed directly to an ultimate user by a practitioner other than a pharmacist, no controlled substance in Schedule II, which is

3286-448: The normal scheduling procedure or the findings of the HHS Secretary. However, the Secretary has great influence over any drug scheduling proposal under the Single Convention, because 21 U.S.C.   § 811(d)(2)(B) requires the Secretary the power to "evaluate the proposal and furnish a recommendation to the Secretary of State which shall be binding on the representative of the United States in discussions and negotiations relating to

3348-453: The objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights—let alone alien to our entire constitutional history and tradition—to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. In effect, such construction would permit amendment of that document in

3410-454: The opportunity to add new provisions that otherwise might have been unpalatable to the international community. According to David T. Courtwright, "the Act was part of an omnibus reform package designed to rationalize, and in some respects to liberalize, American drug policy." (Courtwright noted that the Act became, not libertarian , but instead repressionistic to the point of tyrannical in its intent;

3472-422: The popular marijuana extract CBD. President Donald Trump signed the 2018 United States farm bill on December 20, 2018, which legalized hemp — a variety of cannabis that does not produce the psychoactive component of marijuana — paving the way to legitimacy for an agricultural sector that has been operating on the fringe of the law. Industrial hemp has a potential multibillion-dollar market for cannabidiol, or CBD,

3534-471: The proposal." Similarly, if the United Nations Commission on Narcotic Drugs adds or transfers a substance to a schedule established by the Convention on Psychotropic Substances, so that current U.S. regulations on the drug do not meet the treaty's requirements, the Secretary is required to issue a recommendation on how the substance should be scheduled under the CSA. If the Secretary agrees with

3596-457: The schedule of a drug or other substance may be initiated by the DEA, the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a state or local government agency, or an individual citizen. When a petition is received by

3658-549: Was also being drafted by the Department of Justice ; its wording closely mirrored the Controlled Substances Act. Since its enactment in 1970, the Act has been amended numerous times: The Controlled Substances Act consists of two subchapters. Subchapter I defines Schedules I–V, lists chemicals used in the manufacture of controlled substances, and differentiates lawful and unlawful manufacturing, distribution, and possession of controlled substances, including possession of Schedule I drugs for personal use; this subchapter also specifies

3720-586: Was believed that hemp plants could provide cover during cultivation for marijuana plants. This legislation, the Industrial Hemp Farming Act of 2005 and the Industrial Hemp Farming Act of 2007, were introduced, referred to committee, and no additional legislative action taken. Currently, the word "marijuana" is the accepted spelling. However, "marihuana" was the correct spelling and most commonly used form in early Federal Government of

3782-437: Was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon . The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs . The legislation created five schedules (classifications), with varying qualifications for a substance to be included in each. Two federal agencies,

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3844-399: Was placed temporarily in Schedule IV (November 5, 1984), there was no evidence of abuse or trafficking of the drug in the United States. The Cato Institute 's Handbook for Congress calls for repealing the CSA, an action that would likely bring the United States into conflict with international law , were the United States not to exercise its sovereign right to withdraw from and/or abrogate

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