Marijuana: US Congressman Mark Kirk Introduces Bill Targeting "Kush Super-Marijuana"

Rep. Mark Kirk (R-IL) Monday introduced a bill that would dramatically increase prison sentences for marijuana trafficking offenses if the pot in question had THC levels over 15%. Warning Monday that "kush super-marijuana" had invaded the Chicago suburbs, Kirk is calling for prison sentences of up to 25 years for trafficking even small quantities of the kind bud.

Under current federal law, the manufacture, distribution, import and export, and possession with intent to distribute fewer than 50 kilograms or 50 plants is punishable by up to five years in federal prison, a $250,000 individual fine and $1 million group fine. Kirk's bill, the High-Potency Marijuana Sentencing Enhancement Act [14] (HR 2828) increases the maximum fines for high-potency pot to $1 million for an individual and $5 million for a group, as well as increasing the maximum prison sentence five-fold. A second offense would double the fines and increase the maximum sentence to 35 years.

In a press release [15] announcing the bill, Kirk warned of "zombie-like" pot smokers stumbling around the Chicago suburbs. "According to the National Survey on Drug Use and Health, more than 25 million individuals age 12 and older used marijuana in 2007 -- significantly more than any other drug," he said. "That's why Kush and other high-potency marijuana strains are so worrying. Local law enforcement reports that Kush users are 'zombie-like' because of the extreme THC levels. Drug dealers know they can make as much money selling Kush as cocaine but without the heavier sentences that accompany crack and cocaine trafficking. Higher fines and longer sentences aren't the total solution to our nation's drug problem. But our laws should keep pace with advances in the strength and cash-value of high-THC marijuana. If you can make as much money selling pot as cocaine, you should face the same penalties."

Rep. Kirk appears to have swallowed the assumption that higher-potency marijuana is somehow more harmful than lower-potency pot, an old bromide dating back to former drug czar John Walters' "it's not your father's marijuana." But marijuana users say they adjust dosages to achieve the desired effect by smoking smaller amounts of more potent varieties. A user might smoke an entire blunt of low-potency Mexican brick weed, but only a couple of tokes of more potent pot, just as an alcohol user might chug down a 40-ounce bottle of malt liquor, but only a few ounces of more potent distilled spirits.

Further, kush [16] is only one of a number of different strains of high-potency marijuana now available on the market. Many of those strains will produce potency levels of 15% or higher, much to the pleasure of marijuana connoisseurs.

"I don't know what's more ridiculous about this," said Bruce Mirken, communications director of the Marijuana Policy Project [17], "Kirk's incredible scientific ignorance or the hypocrisy of a man who's taken thousands of dollars from the alcohol and tobacco industries going after marijuana."

By Wednesday afternoon, Kirk's bill had yet to pick up any cosponsors.