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U.S. Rep. Barney Frank (D-Massachusetts, 4th) has introduced a pair of bills removing federal penalties for the possession of marijuana for personal use and for medicinal purposes.

Possession for Personal Use: Rep. Frank's bill H.R. 5843 would eliminate most federal penalties for possession of 100 grams or less of marijuana for personal use, or for the not-for-profit transfer between adults. The bill would retain existing federal penalties for the public use of marijuana, but limit maximum fines to $100.

Medicinal Possession and Use: An associated bill, H.R. 5842 would prevent federal laws from prohibiting or restricting the production, distribution and use of marijuana when prescribed or recommended by a physician for medical use according to state laws. The bill would remove marijuana from Schedule 1 of the list of Federally Controlled Substances.

Along with drugs like heroine, morphine and LSD, substances listed in Schedule 1 are considered by the federal government to have a "high potential for abuse," and "no currently accepted medical use in treatment in the United States." Schedule 1 substances are also subject to enhanced or extended jail sentences for crimes involving their possession, use, production and transfer.

According to the National Organization for the Reform of Marijuana Laws (NORML), 13 states currently sanction and regulate the possession, use, production and distribution of marijuana for medical purposes. However, both the Controlled Substances Act and the Food, Drug, and Cosmetic Act continue to ban medical uses of marijuana at the federal level.

In June 2005, the U.S. Supreme Court ruled 6-3 that federal law can be used to prevent doctors from prescribing marijuana for treatment of pain caused by serious illnesses, including cancer.