Kirk And Law Enforcement: Super-Marijuana "Kush" Hits Suburbs

Press Release

Kirk And Law Enforcement: Super-Marijuana "Kush" Hits Suburbs

U.S. Rep. Mark Kirk, Lake County Metropolitan Enforcement Group Director Larry Lindenman, Waukegan Police Chief Artis Yancey and representatives from Lake County Sheriff Mark Curran's office today unveiled tougher penalties for a new type of "super-marijuana" hitting the northern suburbs. "Kush," street slang for a strain of highly-potent marijuana, has a tretrahydrocannabinol (THC) content of at least 20 percent. According to the National Drug Intelligence Center, the THC average of seized marijuana was less than 10 percent in 2007. In the early 1990s, THC levels were less than 4 percent.

"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," Congressman Mark Kirk 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."

The rise of Kush mirrors the increasing popularity of high-THC marijuana, which has become more accessible with the rise of hydroponics. Drug growers are able to strictly control light, temperature and humidity and can cross-breed to maximize THC content. It takes growers approximately four months from planting to harvest to produce the high-potency marijuana. Other types of Kush are known as Bubba, Paris, Bubble Gum, Sour and Orange Kush.

According to the U.S. Drug Enforcement Administration, Kush has been known to sell for as high as $600 per ounce - creating the same profit potential as crack cocaine.

Kirk's legislation, the High-Potency Marijuana Sentencing Enhancement Act of 2009 (H.R. 2828), increases federal fines and sentences for the distribution of high-potency marijuana. It defines high-potency marijuana as marijuana with a THC content of 15 percent or more. The legislation targets drug trafficking only and not possession of marijuana.

Under current law, unlawful distribution, possession with intent to distribute, manufacture, importation and exportation of marijuana under 50 kilograms or 1 to 49 plants carries a maximum fine of $250,000 for an individual, $1 million for a group and up to five years in prison. H.R. 2828 increases maximum fines to $1 million for an individual and $5 million for a group, with a maximum sentence of 25 years. If death or serious bodily injury occurs, sentencing would be 20 years to life in prison.

A second offense after a drug felony conviction would result in a minimum fine of $2 million for an individual or $10 million for a group, with a maximum sentence of 35 years, or life if death or serious bodily injury resulted from the use of the marijuana.

The text of the legislation is below.

H. R. 2848
A BILL
To amend the Controlled Substances Act with regard to penalties for trafficking in high potency marihuana, and for other purposes.

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 ‘‘High Potency Marihuana Sentencing Enhancement Act of 2009''.

SEC. 2. HIGH POTENCY MARIHUANA TRAFFICKING PENALITES.
Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following:

‘‘(8)(A) Unless a higher penalty is otherwise provided in this Act, in the case of a violation of subsection (a) involving high potency marihuana such person shall be sentenced to a term of imprisonment of not more than 25 years and if death or serious bodily injury result shall be sentenced to a term of imprisonment of not less than 20 years or more than life, a fined not to exceed the greater of that provided in title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000.000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 35 years, and if death or serious bodily injury result from the use of such substance shall be sentenced to life imprisonment, a fine not the exceed the greater of that provided in title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000.000 if the defendant is other than an individual, or both. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment.

‘‘(B) In this paragraph, the term ‘high potency marihuana' means marihuana with a Tetrahydrocannabinol content of 15 percent or more.''.

Source