FEDERAL MARIJUANA LAWS which pre-empt, or “trump” state laws; PART 1.
I want to copy all of the federal marijuana laws and post them, but it is getting rather long, so I will just post what I have so far; and there are a lot more, but rather than you getting bored, just read this much so far, O.K.?
The laws I have copied and pasted here, so far, include laws regarding people who receive foods stamps, people in the U.S. Military, and people who enjoy our national parks. If that’s you, you need to know about federal marijuana laws!
TITLE 7:
7 USC 2014
TITLE 7 / CHAPTER 51 / § 2014
From Title 7-AGRICULTURE
CHAPTER 51-SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
(Food Stamp Program, also known as “SNAP”)
§2014. Eligible households
(a)…Participation in the supplemental nutrition assistance program shall be limited to…
(C) Exclusion of medical marijuana:
The Secretary shall promulgate rules to ensure that medical marijuana
is not treated as a medical expense for purposes of this paragraph.
7 USC 2209e
TITLE 7 / CHAPTER 55 / § 2209e
Prohibition on payments to parties involved with prohibited drug-producing plants:
On and after October 21, 1993, none of the funds available to the
Department of Agriculture may be used to make production or other payments
to a person, persons, or corporations upon a final finding by court
of competent jurisdiction that such party is guilty of growing,
cultivating, harvesting, processing or storing marijuana,
or other such prohibited drug-producing plants on any part of lands
owned or controlled by such persons or corporations.
QUESTION? DOES THIS MEAN THAT YOU CAN BE DENIED
FOOD STAMPS IF YOU GROW MEDICAL MARIJUANA OR
IF YOU GROW MARIJUANA WHEN IT IS LEGAL IN VERMONT?
TITLE 8 / CHAPTER 12 / SUBCHAPTER II / Part II / § 1182
8 USC 1182: Inadmissible aliens
Text contains those laws in effect on May 4, 2017
Pending Updates: Pub L. 115-31 (5/05/2017), Pub L. 115-31 (5/05/2017)
From Title 8-ALIENS AND NATIONALITY
CHAPTER 12-IMMIGRATION AND NATIONALITY
SUBCHAPTER II-IMMIGRATION
Part II-Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
§1182. Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission:
The Attorney General may, in his discretion, waive the application of
subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and
subparagraph (A)(i)(II) of such subsection insofar
as it relates to a single offense of
simple possession of 30 grams or less of marijuana…
Title 8-ALIENS AND NATIONALITY
8 USC §1227: Deportable aliens
Text contains those laws in effect on May 21, 2017
(a) Classes of deportable aliens:
(B) Controlled substances
(i) Conviction
Any alien who at any time after admission has been convicted
of a violation of (or a conspiracy or attempt to violate)
any law or regulation of a State, the United States,
or a foreign country relating to a controlled substance
(as defined in section 802 of title 21),
other than a single offense involving possession
for one’s own use of 30 grams or less of marijuana, is deportable.
TITLE 8 / CHAPTER 12 / SUBCHAPTER II / Part V / § 1254a
8 USC 1254a: Temporary protected status
Text contains those laws in effect on May 21, 2017
From Title 8-ALIENS AND NATIONALITY
CHAPTER 12-IMMIGRATION AND NATIONALITY
SUBCHAPTER II-IMMIGRATION
Part V-Adjustment and Change of Status
8 USC 1254a
(2) Eligibility standards
(A) Waiver of certain grounds for inadmissibility
In the determination of an alien’s admissibility for purposes
of subparagraph (A)(iii) of paragraph (1)-
(i) the provisions of paragraphs (5) and (7)(A) of
section 1182(a) of this title shall not apply;
(ii) except as provided in clause (iii), the Attorney General may
waive any other provision of section 1182(a) of this title
in the case of individual aliens for humanitarian purposes,
to assure family unity, or when it is otherwise in the public interest; but
(iii) the Attorney General may not waive-
(I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section,
(II) paragraph (2)(C) of such section (relating to drug offenses),
except for so much of such paragraph as relates to a single offense
of simple possession of 30 grams or less of marijuana, or
(III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section
(relating to national security and participation in the
Nazi persecutions or those who have engaged in genocide).
TITLE 8 / CHAPTER 12 / SUBCHAPTER II / Part V / § 1255
8 USC 1255: Adjustment of status of nonimmigrant to that
of person admitted for permanent residence
Text contains those laws in effect on May 4, 2017
Title 8-ALIENS AND NATIONALITY
CHAPTER 12-IMMIGRATION AND NATIONALITY
SUBCHAPTER II-IMMIGRATION
Part V-Adjustment and Change of Status
(h) Application with respect to special immigrants
In applying this section to a special immigrant described in
section 1101(a)(27)(J) of this title-
(1) such an immigrant shall be deemed, for purposes of subsection (a),
to have been paroled into the United States; and
(2) in determining the alien’s admissibility as an immigrant-
(A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A),
and (9)(B) of section 1182(a) of this title shall not apply; and
(B) the Attorney General may waive other paragraphs of
section 1182(a) of this title (other than paragraphs (2)(A),
(2)(B), (2)(C) (except for so much of such paragraph as
related to a single offense of
simple possession of 30 grams or less of marijuana),
(3)(A), (3)(B), (3)(C), and (3)(E)) in the case of
individual aliens for humanitarian purposes,
family unity, or when it is otherwise in the public interest.
Title 10-ARMED FORCES
Subtitle A-General Military Law
PART II-PERSONNEL
CHAPTER 47-UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X-PUNITIVE ARTICLES
10 USC 912a
§912a. Art. 112a. Wrongful use, possession, etc., of controlled substances:
(a) Any person subject to this chapter who wrongfully uses, possesses,
manufactures, distributes, imports into the customs territory of the
United States, exports from the United States, or introduces into an
installation, vessel, vehicle, or aircraft used by or under the control
of the armed forces a substance described in subsection
(b) shall be punished as a court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide,
methamphetamine, phencyclidine, barbituric acid, and marijuana
and any compound or derivative of any such substance.
16 USC Ch. 3: Front Matter
From Title 16-CONSERVATION
CHAPTER 3-FORESTS; FOREST SERVICE; REFORESTATION;
MANAGEMENT
TITLE 16 / CHAPTER 3 / SUBCHAPTER I / § 559b
16 USC 559b: Prevention of manufacture, etc., of marijuana
and other controlled substances
Text contains those laws in effect on May 21, 2017
(a) Purpose
The purpose of sections 559b to 559f of this title is to
authorize the Secretary of Agriculture (hereinafter in
sections 559b to 559f of this title referred to as the
“Secretary”) to take actions necessary, in connection
with the administration and use of the National Forest
System, to prevent the manufacture, distribution, or
dispensing of marijuana and other controlled substances.
(1) National Forest System lands continue to be a haven for
the unlawful production of marijuana and other controlled substances
which-
(A) endangers the public in its use of National Forest System lands;
(B) interferes with the ability of the Forest Service to effectively manage
the natural resources and activities within the National Forest System; and
(C) causes damage and destruction of the natural resources and facilities
managed by the Forest Service;
(2) the unlawful production of marijuana and other controlled substances often-
(A) is generally harmful to the environment and public health and safety;
(B) pollutes the air, soil, and water; and
(C) is harmful to wildlife…
16 USC §559c. Powers of officers and employees of Forest Service
TITLE 16 / CHAPTER 3 / SUBCHAPTER I / § 559c
16 USC 559c: Powers of officers and employees of Forest Service
Text contains those laws in effect on May 21, 2017
From Title 16-CONSERVATION
CHAPTER 3-FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I-GENERAL PROVISIONS
For the purposes of sections 559b to 559f of this title, if specifically
designated by the Secretary and
specially trained,
not to exceed
1,000 special agents
and law enforcement officers
of the Forest Service
when in the performance of their duties shall have authority to-
(1) carry firearms;
(2) conduct, within the exterior boundaries of the National Forest System,
investigations of violations of and enforce section 841 of title 21 and other
criminal violations relating to marijuana and other controlled substances
that are manufactured, distributed, or dispensed on National Forest System
lands and to conduct such investigations and enforcement of such laws
outside the exterior boundaries of the National Forest System for offenses
committed within the National Forest System or which affect the administration
of the National Forest System (including the pursuit of persons suspected
of such offenses who flee the National Forest System to avoid arrest);
(3) make arrests with a warrant or process for misdemeanor violations
or without a warrant or process for violations of such misdemeanors that any
such officer or employee has probable cause to believe are being committed
in his presence or view, or for a felony with a warrant or without a warrant if he
has probable cause to believe that the person to be arrested has committed or
is committing such felony, for offenses committed within the National Forest
System or which affect the administration of the National Forest System;
(4) serve warrants and other process issued by a court or officer of competent
jurisdiction;
(5) search with or without warrant or process any person, place, or conveyance
according to Federal law or rule of law; and
(6) seize with or without warrant or process any evidentiary item according to
Federal law or rule of law
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Search the United States Code
for marijuana spelled with a j,
for marihuana spelled with an h,
and for cannabis.
