118th CONGRESS

1st Session

 

 

 

H. RES. 309

Ending drug prohibition and repealing Controlled Substances Act of 1970 because its enactment does not reflect the current will of the majority of people in the United States, eliminating prescription requirements on all prescription medicines, making illegal drugs lawful over-the-counter drugs and ending the War on Drugs since the people of the United States have shown a demonstrable, useful and compelling use of prescription medicines and/or narcotic drugs for health, functioning and cognitive enhancement, to wit: 

 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

 

January 9, 2023

 

Sponsored & Introduced By: Rep. Ian A. Medina (D-FL), Rep. Nancy Pelosi (D-CA), Rep. Alexandria Ocasio-Cortez (D-NY) & Rep. Adam Schiff (D-CA) 

 

RESOLUTION

Ending drug prohibition and repealing Controlled Substances Act of 1970 because its enactment does not reflect the current will of the majority of people in the United States, eliminating prescription requirements on all prescription medicines, making illegal drugs lawful over-the-counter drugs and ending the War on Drugs since the people of the United States have shown a demonstrable, useful and compelling use of prescription medicines and/or drugs for health, functioning and cognitive enhancement, to wit:

NOW, THEREFORE, BE IT RESOLVED, THAT THE UNITED STATES HOUSE OF REPRESENTATIVES—

 

Section 000. Legislative Authority

 

This legislation is made pursuant to the Necessary and Proper Clause of the Constitution of the United States, which reads: “The Congress  shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” U.S. Const. art. I, § 8, cl. 18 (2022). Moreover, legislative authority exists in the Commerce Clause of the Constitution of the United States since the sale of drugs is interstate. U.S. Const. art. I, § 8, cl. 3 (2022). 

 

Section 001. Repealing Controlled Substances Act

This legislation hereby repeals the Controlled Substances Act of 1970 making narcotics legal in the entire United States. 21 U.S.C. § 801, et. seq. (2023).

 

Section 002. Possession, Sale & Trafficking of Narcotics Not A Crime

Possession, sale and trafficking of narcotics is no longer a violation of statutory law and/or common law.

 

Section 105. No Inferred Rights, Privileges, Immunities And/Or Benefits

 

Nothing in this chapter shall be inferred to confer any rights, privileges, immunities and/or benefits, neither actually nor constructively to any person or entity except as expressed herein. 

 

Section 106. Reservation of all Rights, Privileges, Immunities And/Or Benefits

 

The Congress of the United States of America reserves all rights, privileges, immunities and/or benefits available at law regarding this legislation. 

 

Section 107. Subsequent Jurisprudence Barred By Political Question Doctrine 

 

Any case and/or controversy arising out of this legislation against any party is barred by political question doctrine. U.S. Const. art. III, § 2, c. 1. 

 

Section 108. Legislative Immunity

 

Any case and/or controversy arising out of this legislation against any member of Congress is barred by the Speech or Debate Clause of the Constitution of the United States of America. U.S. Const. art. I, § 6, c. 1. 

 

Section 109. Federal Preemption

 

This legislation hereby preempts the states and any cases/controversies arising in state government is preempted by the Supremacy Clause of the Constitution of the United States of America. U.S. Const. art. VI, c. 2. 

 

Section 110. Repeal of Old, Previous Legislation

 

Any state and/or federal legislation contrary to this legislation are hereby repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the old, previous legislation that is in full force and effect. 

 

Section 111. Antagonistic Jurisprudence

 

Any antagonistic jurisprudence contrary to this legislation is hereby rendered moot, repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the antagonistic jurisprudence that is in full force and effect.

 

Section 112. Subsequent Legislation

 

Any subsequent legislation, except a duly made amendment to this legislation by concurrence of a majority of each chamber of Congress, is of no valid force and effect. 

 

Sponsored By Rep. Ian A. Medina (D-FL), Rep. Nancy Pelosi (D-CA), Rep. Alexandria Ocasio-Cortez (D-NY) & Rep. Adam Schiff (D-CA) : 01/09/2023

 

Passes U.S. House:

 

Passes U.S. Senate:

 

Signed Into Law By President Joseph R. Biden: