[Congressional Record Volume 142, Number 73 (Wednesday, May 22, 1996)]
[Senate]
[Pages S5494-S5495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                           By Mr. McCONNELL:

  S. 1790. A bill to amend the Controlled Substances Act to increase 
the penalties for the manufacture, distribution, and possession of 
marijuana, and for other purposes; to the Committee on the Judiciary.


               THE ENHANCED MARIJUANA PENALTY ACT OF 1996

 Mr. McCONNELL. Mr. President, we are losing the battle against 
illegal drugs. All indicators point to a dramatic surge in drug use, 
especially by our most vulnerable citizens--children.
  The President's 1996 drug strategy sent to Congress just a few weeks 
ago contains some very disturbing information:
  Marijuana use is back on the rise, and among young people between the 
ages of 12 and 17, the use of marijuana has almost doubled between 1992 
and 1994. One of every three high school seniors now smokes marijuana;
  The number of heroin-related emergency room episodes in 1993 was 
double what it was in 1988, and for cocaine, emergency room episodes in 
1994 were the highest ever;
  Methamphetamine, once confined to the West and Southwest, is a 
scourge spreading across the country, including my own State of 
Kentucky. Last year, law enforcement officials seized five 
methamphetamine labs in Kentucky; in 1994, there were no such seizures;
  Unless we tackle the drug problem anew, we risk producing a new 
generation of drug abusers. And the consequences of drug abuse are 
frightening: the spread of diseases like hepatitis, TB and HIV; social 
deviancy; lost productivity at the workplace; and a lot more crime, in 
particular violent crime.
  Our Nation's drug problem is compounded by a lax attitude within 
segments of the enforcement agencies responsible for our antidrug laws. 
Recently, the Los Angeles Times reported that Immigration and Customs 
officials are handing out get-out-of-jail-free cards and letting drug 
dealers go unprosecuted.
  Non-United States nationals are sent back to Mexico instead of being 
prosecuted. And, American citizens are being let go if it's their first 
offense or if the quantities of drugs aren't big enough. So, one pusher 
with 32 pounds of methamphetamine was set free and another with 37,000 
quaaludes. One American was stopped at the border with 53 pounds of 
marijuana in January, 51 pounds in February and 41 pounds in May. He's 
only being prosecuted for this third offense, although he has a 
criminal history going back four decades.
  It's not surprising that a President whose policy is ``don't inhale'' 
gives us a ``don't enforce'' antidrug policy.
  This is simply unacceptable. It's evidence of an administration 
AWOL--absent without leadership.
  Today, I am introducing a bill to increase the penalties for 
trafficking in marijuana, a drug that poses a grave threat to our young 
people. It is commonly known that marijuana impairs short-term memory, 
core motor functions and the ability to concentrate. But it also has 
long-term devastating effects:
  Marijuana use causes chronic bronchitis, acute chest illness, 
heightened risk of pulmonary infection and lung disease;
  Prenatal exposure to marijuana causes impaired intellectual ability 
in young children; in shorthand--low IQ babies; and
  THC, the principal psychoactive ingredient, has been found in lab 
rats to be addictive.
  And, who is smoking marijuana? Kids, more of them and at younger 
ages. The number of 12- to 17-year-olds using marijuana increased from 
1.6 million in 1992 to 2.9 million in 1994. As the chart shows, more 
8th, 10th, and 12th-graders are smoking marijuana and there is no 
indication that this trend is going to be reversed anytime soon.
  A surprising fact is that more children smoke marijuana than have 
smoked five packs of cigarettes, as the second chart reveals. Five-
point-seven percent of 12- to 15-year-olds report smoking cigarettes, 
but 6.6 percent report smoking marijuana. For older teens even more are 
smoking marijuana--20.5 percent smoke cigarettes and 26.1 percent smoke 
marijuana.
  That is an astounding statistic: Teens are less likely to smoke 
cigaretts than marijuana, and fewer teens say smoking marijuana is 
risky. As young people soften their attitudes toward drugs, usage 
increases.
  Not only is marijuana harmful in and of itself, but it is considered 
a gateway drug. Teenagers who use marijuana are 85 times more likely to 
use cocaine. Sixty percent of children who smoke marijuana before age 
15 move on to cocaine.
  My bill is very straightforward. It enhances the penalties for 
trafficking in marijuana. Current law creates a disparity in the 
mandatory minimums for heroin, cocaine and marijuana. My bill will 
eliminate the disparity by lowerng the threshold for the mandatory 
minimum sentences for refined marijuana. The third chart reflects the 
disparities.
  Currently, an individual has to be caught with 1,000 kilos of 
marijuana, with a street value of as much as $10 million, in order to 
get the 10-year mandatory minimum. For cocaine, the threshold quantity 
and street value is much lower--only 5 kilos with a value between 
$420,000 and $750,000. For heroin, the threshold is 1 kilo, with a 
street value of $1.2 million. And growing 1,000 marijuana plants gets 
you the same 10-year mandatory minimum.
  My bill will bring the threshold quantity for refined marijuana into 
line with the other drugs by lowering it from 1,000 kilos to 100 kilos 
for the 10-year mandatory minimum and from 100 kilos to 10 kilos for 
the 5-year mandatory minimum.
  The bill also directs the Sentencing Commission to conform its 
guidelines to this change.
  Last summer, this Sentencing Commission effectively lowered the 
penalties for marijuana trafficking, for quantities less than the 
thresholds for mandatory minimums. It's time we reversed that misguided 
action and this bill will ensure that the Sentencing Commission does 
just that.
  Some will argue that prosecutors have more pressing matters than to 
chase every marijuana dealer selling as little as 10 kilos. As the Los 
Angeles Times reported, Federal prosecutors in southern California 
don't think it's worth their effort to prosecute for quantities of less 
than 125 pounds, an amount that should get a drug trafficker about 3 
years in a Federal prison.
  But I would argue just the opposite. Marijuana is doing irreparable 
harm to our kids and we've got to put the people who sell to our 
children out of business and behind bars. Ten kilos of marijuana is 22 
pounds, with a street value of about $100,000. That amount of marijuana 
will reach a lot of teenagers in small, but harmful quantities.

[[Page S5495]]

  Mr. President the time has come to admit that we have a serious 
marijuana problem among our teens. I say it's worth protecting the 
future of our children by locking up the pushers. Let's toughen the 
penalties and send a message to the drug dealers that we won't tolerate 
it anymore. And let's tell Federal prosecutors it's their job to send 
these outlaws to prison. What can be worth more than saving our next 
generation?
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1790

       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 ``Enhanced Marihuana Penalty 
     Act of 1996''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) the number of children in the United States between 12 
     and 17 years of age using marihuana increased from 1,600,000 
     in 1992 to 2,900,000 in 1994, which constitutes an 80-percent 
     increase;
       (2) currently, one-third of all high school seniors smoke 
     marihuana;
       (3) the perception of the dangers of using marihuana is 
     declining among youthful marihuana smokers;
       (4) scientific research has demonstrated that--
       (A) marihuana impairs short-term memory, core motor 
     functions, and the ability to concentrate;
       (B) THC, the principal psychoactive ingredient of 
     marihuana, may cause drug dependency;
       (C) regular marihuana use may cause chronic bronchitis, 
     increased frequency of acute chest illness, heightened risk 
     of pulmonary infection, and lung disease; and
       (D) prenatal exposure to marihuana may cause impaired 
     intellectual ability in young children;
       (5) children between the agency of 12 and 17 who use 
     marihuana are 85 times more likely to use cocaine than 
     children who do not use marihuana;
       (6) there are 39,000,000 children in the United States who 
     are younger than 10 years old, and neglect of our Nation's 
     marihuana problem will lead to the creation of a new 
     generation of drug abusers, prone to criminal and other 
     socially deviant behavior; and
       (7) existing penalties for trafficking in marihuana are 
     inadequate to deter those who sell marihuana to our Nation's 
     most vulnerable citizens.

     SEC. 3. PENALTIES.

       (a) Controlled Substances Act.--Section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
       (1) in subparagraph (A)(vii), by striking ``1000 
     kilograms'' and inserting ``100 kilograms'';
       (2) in subparagraph (B)(vii), by striking ``100 kilograms'' 
     and inserting ``10 kilograms''; and
       (e) in subparagraph (D), by striking ``50 kilograms'' and 
     inserting ``10 kilograms''.
       (b) Controlled Substances Import and Export Act.--Section 
     1010(b) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)) is amended--
       (1) in paragraph (1)(G), by striking ``1000 kilograms'' and 
     inserting ``100 kilograms'';
       (2) in paragraph (2)(G), by striking ``100 kilograms'' and 
     inserting ``10 kilograms''; and
       (e) in paragraph (4), by striking ``50 kilograms'' and 
     inserting ``10 kilograms''.

     SEC. 4. AMENDMENT OF SENTENCING GUIDELINES.

       The United States Sentencing Commission shall amend the 
     Federal Sentencing Guidelines to reflect the amendments made 
     by this Act.
                                                                    ____


                 TRENDS IN HIGH SCHOOL MARIJUANA USE \1\                
                              [In percent]                              
------------------------------------------------------------------------
              Grade                 1992      1993      1994    Increase
------------------------------------------------------------------------
12th............................      11.9      15.5      19.0       +60
10th............................       8.1      10.9      15.8       +95
8th.............................       3.7       5.1       7.8      +110
------------------------------------------------------------------------
\1\ Students reporting use within past 30 days.                         
                                                                        
Source: Monitoring the Future, December 1994.                           


                         PREVALENCE OF DRUG USE                         
                      [Percent who have ever used]                      
------------------------------------------------------------------------
                                         Youths 12- Youths 16-   Adults 
                                             15         17        18+   
------------------------------------------------------------------------
Cigarettes \1\.........................        5.7       20.5       52.1
Alcohol................................       35.1       69.3       88.9
Marijuana..............................        6.6       26.1       35.4
Any illicit drug.......................       13.7       33.1       38.9
Any drug except marijuana..............       10.5       18.5       21.2
Cocaine................................        1.0        5.3       12.5
------------------------------------------------------------------------
\1\ These percentages include only individuals who have smoked at least 
  100 cigarettes (5 packs).                                             
                                                                        
Source: Gateways to Illicit Drug Use, Center on Addiction and Substance 
  Abuse at Columbia University (10/94).                                 


        DISPARITY IN CURRENT PENALTIES FOR MARIJUANA TRAFFICKING        
------------------------------------------------------------------------
                                                               Mandatory
              Drug               Quantity   Street value \1\    minimum 
                                                                 (yrs.) 
------------------------------------------------------------------------
Cocaine........................     \2\ 5  $420k to $750K....         10
Heroin.........................     \2\ 1  $1.2 million......         10
Marijuana......................  \2\ 1,00  $10 million.......         10
                                        0                               
  Plants.......................     1,000  ..................         10
Cocaine........................   \2\ 500  $42k to $75K......          5
Heroin.........................   \2\ 100  $121 million......          5
Marijuana......................   \2\ 100  $1 million........          5
  Plants.......................       100  ..................          5
------------------------------------------------------------------------
\1\ Street values bases System to Retrieve Information from Drug        
  Evidence (STRIDE) by Abt Associates, Inc., 9/13/95 Report: Cocaine $84
  to $150 per gram; Heroin $1210 per gram; Marijuana $10 per gram.      
\2\ Kilogram.                                                   

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