[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6673 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6673
To amend the Controlled Substances Act to provide for a new rule
regarding the application of the Act to marijuana, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2023
Mr. Joyce of Ohio (for himself, Mrs. Chavez-DeRemer, Mr. Mast, Mr.
Blumenauer, and Mr. Carter of Louisiana) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to provide for a new rule
regarding the application of the Act to marijuana, 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 ``Strengthening the Tenth Amendment
Through Entrusting States 2.0 Act'' or the ``STATES 2.0 Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) States have vastly different visions for the role of
legal cannabis in their cities and counties. Some wish to see a
complete prohibition, while others believe cannabis should be
treated like alcohol. States should be empowered to determine
their own destiny for the cannabis markets. They should be able
to enact time, place, and manner restrictions that help to aid
small and craft businesses, impose regulations for health and
safety, keep cannabis businesses away from schools, and
generally fit with the character and values of the community.
(2) While States have the power to determine what happens
within their own borders, they cannot make laws permitting or
restricting interstate commerce unilaterally. In the absence of
Federal movement, the illicit interstate trade in cannabis has
persisted even in the face of significant State policy changes.
The Federal Government should be responsible for regulating and
tracking this interstate trade to ensure cannabis does not end
up where it does not belong.
(3) Today's illicit marijuana market represents 75 percent
of the known marijuana market.
(4) Excessive taxation in licensed markets has caused the
price of legal marijuana products to exceed that of illegal
products by two to three times, contributing to the growth of
the illicit market.
(5) Because of Federal restrictions on marijuana
activities, marijuana is currently regulated by a punitive tax
structure that harms the ability of licensed operators to sell
marijuana products, discourages new business creation and
growth, and perpetuates illicit markets.
(6) A Federal regulatory program for marijuana should
require a framework that supports critical components such as
proper administration and oversight, consumer safety
protections, and enforcement.
(7) The cost of such a program should fall on users of the
program through the establishment of a Federal excise tax. Such
a Federal marijuana tax should--
(A) support a legal market, not illegal sales and
illicit activity;
(B) be low enough to not exacerbate the level of
taxation set by States, thereby avoiding the pyramid
effect of adding Federal taxes on top of high State
taxes;
(C) be administrable and allow for consistent and
timely collection by the Alcohol and Tobacco Tax and
Trade Bureau as primary regulator; and
(D) offset the costs of executing the
administrative functions of a Federal regulatory
framework for marijuana, including requirements for
testing, enforcement and policing, youth prevention,
and substance abuse prevention and education.
(8) States that legalize cannabis utilize less public
safety resources on cannabis arrests. This has allowed more
police resources to be devoted to violent and property crime as
well as more serious types of illicit substances.
SEC. 3. SENSE OF CONGRESS REGARDING FDA SUPPORT FOR TRIBAL SELF-
DETERMINATION AND SELF-GOVERNMENT WITH RESPECT TO
MARIJUANA REGULATION.
It is the sense of Congress that, with respect to the regulation of
the manufacture, production, possession, distribution, dispensation,
administration, or delivery of marijuana, the Food and Drug
Administration should support--
(1) self-determination and self-government by Indian tribes
(as defined in section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5130)); and
(2) the treaty rights of such Indian tribes.
SEC. 4. RULE REGARDING APPLICATION TO MARIJUANA.
Part G of the Controlled Substances Act (21 U.S.C. 801 et seq.) is
amended by adding at the end the following:
``rule regarding application to marijuana
``Sec. 710. (a) States.--Notwithstanding any other provision of
law, the provisions of this Act as applied to marijuana, except the
provisions described in subsection (d) and except as provided in
subsection (e), shall not apply to any marijuana manufactured,
produced, possessed, distributed, dispensed, administered, or delivered
in compliance with State law relating to the manufacture, production,
possession, distribution, dispensation, administration, or delivery of
marijuana.
``(b) Indian Tribes.--Notwithstanding any other provision of law,
the provisions of this Act related to marijuana, except the provisions
described in subsection (d) and except as provided in subsection (e),
shall not apply to marijuana manufactured, produced, possessed,
distributed, dispensed, administered, or delivered in compliance with
the law of a federally recognized Indian Tribe relating to the
manufacture, production, possession, distribution, dispensation,
administration, or delivery of marijuana within its jurisdiction in
Indian country, as defined in section 1151 of title 18, United States
Code, so long as such jurisdiction is located within a State that
permits, as applicable, the manufacture, production, possession,
distribution, dispensation, administration, or delivery of marijuana.
``(c) Interstate Transportation.--
``(1) State law.--
``(A) In general.--No State or Indian Tribe may
prohibit the transportation or shipment of marijuana
through the State or the territory of the Indian Tribe,
as applicable, if the originating and destination
States or territories permit, as applicable, the
manufacture, production, possession, distribution,
dispensation, administration, or delivery of marijuana.
``(B) Rule of construction.--Subparagraph (A) shall
not be construed to limit the authority of an
originating or destination State or territory to impose
reasonable restrictions within its jurisdiction on the
manufacture, production, possession, distribution
dispensation, administration, or delivery of
marijuana--
``(i) through time, place, and manner
restrictions; or
``(ii) to protect public health and safety.
``(2) Federal law.--Notwithstanding any other provision of
law, the provisions of this title as applied to marijuana,
except the provisions described in subsection (d) and except as
provided in subsection (e), shall not apply to any person
engaged in marijuana transportation or shipment between two
States which States permit, as applicable, the manufacture,
production, possession, distribution, dispensation,
administration, or delivery of marijuana.
``(d) Provisions Described.--The provisions described in this
subsection are--
``(1) section 401(a)(1), with respect to a violation of
section 409 or 418;
``(2) section 409;
``(3) section 417; and
``(4) section 418.
``(e) Exception.--Subsections (a) through (c) shall not apply to
any person who--
``(1) violates this title with respect to any controlled
substance other than marijuana;
``(2) knowingly or intentionally manufactures, produces,
possesses, distributes, dispenses, administers, or delivers any
marijuana in violation of the laws of the State or Indian Tribe
in which such manufacture, production, possession,
distribution, dispensation, administration, or delivery occurs;
or
``(3) employs or hires any person under 18 years of age to
manufacture, produce, distribute, dispense, administer, or
deliver marijuana.
``(f) Removal From Schedule.--
``(1) In general.--For the purposes of this title,
marijuana manufactured, produced, possessed, distributed,
dispensed, administered, or delivered in compliance with State
law or the law of a federally recognized Indian Tribe relating
to the manufacture, production, possession, distribution,
dispensation, administration, or delivery of marijuana shall be
deemed to be a substance that does not meet the requirements
for inclusion in any schedule.
``(2) Rules.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall finalize a
rule under section 201(a)(2) executing paragraph (1) of this
subsection.
``(g) Definition.--In this section, the term `Indian Tribe' has the
meaning given to the term `Indian tribe' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).''.
SEC. 5. TRANSPORTATION SAFETY OFFENSES.
Section 409 of the Controlled Substances Act (21 U.S.C. 849) is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1)--
(A) by striking ``A person'' and inserting ``Except
as provided in subsection (d), a person''; and
(B) by striking ``subsection (b)'' and inserting
``subsection (c)'';
(2) in subsection (c), in the matter preceding paragraph
(1)--
(A) by striking ``A person'' and inserting ``Except
as provided in subsection (d), a person''; and
(B) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(3) by adding at the end the following:
``(d) Exception.--Subsections (b) and (c) shall not apply to any
person who possesses, or possesses with intent to distribute marijuana
in compliance with section 710.''.
SEC. 6. DISTRIBUTION TO PERSONS UNDER AGE 21.
Section 418 of the Controlled Substances Act (21 U.S.C. 859) is
amended--
(1) in subsection (a), in the first sentence, by inserting
``and subsection (c) of this section'' after ``section 419'';
(2) in subsection (b), in the first sentence, by inserting
``and subsection(c) of this section'' after ``section 419'';
and
(3) by adding at the end the following:
``(c) Subsections (a) and (b) shall not apply to any person at
least 18 years of age who distributes medicinal marijuana to a person
under 21 years of age in compliance with section 710.''.
SEC. 7. REGULATION OF MARIJUANA PRODUCTS BY FOOD AND DRUG
ADMINISTRATION.
(a) Definitions.--
(1) Marijuana product defined.--In this section, the term
``marijuana product'' means any product made or derived from
marijuana that is intended for human or animal consumption,
including any component of marijuana (except for raw materials
other than such marijuana used in manufacturing a component of
such product).
(2) Other definitions.--In this section:
(A) The term ``biological product'' has the meaning
given to that term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
(B) The term ``marijuana'' has the meaning given to
that term in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
(C) The terms ``cosmetic'', ``device'', ``dietary
supplement'', ``drug'', ``food'', and ``tobacco
product'' have the meanings given to such terms in
section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(b) Drugs.--A marijuana product meeting the definition of a drug
shall be treated as a drug for purposes of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.).
(c) Food; Dietary Supplements.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall have
the same authorities under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) and other applicable law to regulate a marijuana
product that is food or a dietary supplement as the Food and Drug
Administration has with respect to food containing alcohol.
(d) Cosmetics.--A marijuana product meeting the definition of a
cosmetic shall be treated as a cosmetic for purposes of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(e) Other Products.--
(1) In general.--A marijuana product that is not covered by
subsection (b), (c), or (d) may be lawfully marketed pursuant
to regulations issued under paragraph (2).
(2) Regulation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall promulgate a regulation with respect to marijuana
products described in paragraph (1).
(3) Contents.--The regulation under paragraph (2) shall
include requirements for--
(A) contaminant testing;
(B) manufacturing practices; and
(C) marketing practices and postmarket reporting,
with special attention to preventing consumption by
youths.
(4) No premarket approval required.--The regulation under
paragraph (2) shall not require premarket approval of marijuana
products described in paragraph (1).
(f) No Marketing in Combination With Certain Other Products.--A
marijuana product marketed in combination with a drug, a biological
product, a device, a tobacco product, or an alcohol product is deemed
to be adulterated for purposes of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.).
SEC. 8. COMPTROLLER GENERAL STUDY ON EFFECTS OF MARIJUANA LEGALIZATION
ON TRAFFIC SAFETY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the effects of marijuana legalization on traffic
safety.
(b) Inclusions.--The study conducted under subsection (a) shall
include a detailed assessment of--
(1) traffic crashes, fatalities, and injuries in States
that have legalized marijuana use, including whether States are
able to accurately evaluate marijuana impairment in those
incidents;
(2) actions taken by the States referred to in paragraph
(1) to address marijuana-impaired driving, including any
challenges faced in addressing marijuana-impaired driving;
(3) testing standards used by the States referred to in
paragraph (1) to evaluate marijuana impairment in traffic
crashes, fatalities, and injuries, including any scientific
methods used to determine impairment and analyze data; and
(4) Federal initiatives aiming to assist States that have
legalized marijuana with traffic safety, including
recommendations for policies and programs to be carried out by
the National Highway Traffic Safety Administration.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate committees of Congress a report on the results of the
study conducted under subsection (a).
SEC. 9. RULE OF CONSTRUCTION.
(a) In General.--Conduct in compliance with this Act and the
amendments made by this Act--
(1) shall not be unlawful;
(2) shall not constitute trafficking in a controlled
substance under section 401 of the Controlled Substances Act
(21 U.S.C. 841) or any other provision of law;
(3) shall not constitute the basis for forfeiture of
property under section 511 of the Controlled Substances Act (21
U.S.C. 881) or section 981 of title 18, United States Code; and
(4) shall not be subject to section 280E of the Internal
Revenue Code of 1986, relating to expenditures in connection
with the illegal sale of drugs.
(b) Proceeds.--The proceeds from any transaction in compliance with
this Act and the amendments made by this Act shall not be deemed to be
the proceeds of an unlawful transaction under section 1956 or 1957 of
title 18, United States Code, or any other provision of law.
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