[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4226 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4226 To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 1, 2024 Mr. Booker (for himself, Mr. Schumer, Mr. Wyden, Mr. Fetterman, Mrs. Murray, Mr. Peters, Mr. Merkley, Mr. Warnock, Ms. Butler, Mr. Welch, Ms. Smith, Mrs. Gillibrand, Mr. Markey, Mr. Lujan, Ms. Warren, Mr. Hickenlooper, Mr. Bennet, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cannabis Administration and Opportunity Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I--DECRIMINALIZATION OF CANNABIS, PUBLIC SAFETY, AND STATES' RIGHTS Subtitle A--Decriminalization of Cannabis Sec. 101. Decriminalization of cannabis. Sec. 102. Transferring agency functions with regard to cannabis. Subtitle B--Public Safety and States' Rights Sec. 111. States' rights. Sec. 112. Diversion of cannabis. TITLE II--RESEARCH, TRAINING, AND PREVENTION Subtitle A--Public Health and Biomedical Research Sec. 201. Societal impact of cannabis legalization study. Sec. 202. Biomedical research on cannabis. Sec. 203. Public health surveillance and data collection. Sec. 204. Awards to prevent underage cannabis use. Sec. 205. National media campaigns on cannabis use. Sec. 206. Increasing availability of cannabis products for research purposes. Sec. 207. Trans-NIH cannabis consortium. Sec. 208. Cannabis research interagency advisory committee. Sec. 209. Awards for cannabis research. Sec. 210. Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post- traumatic stress disorder. Sec. 211. Cannabis research infrastructure grants. Subtitle B--Cannabis-Impaired Driving Prevention Sec. 221. Definitions. Sec. 222. Cannabis-impaired driving research. Sec. 223. DOT cannabis-impaired driving prevention programs. Sec. 224. State cannabis-impaired driving prevention grant program. Sec. 225. National cannabis impairment standard. Sec. 226. Funding. TITLE III--RESTORATIVE JUSTICE AND OPPORTUNITY Subtitle A--Opportunity Trust Fund Programs Sec. 301. Opportunity trust fund programs. Sec. 302. Comprehensive opioid, stimulant, and substance use disorder program. Sec. 303. Availability of small business administration programs and services to cannabis-related legitimate businesses and service providers. Sec. 304. Demographic data of cannabis business owners and employees. Sec. 305. Pilot program. Sec. 306. Eliminating disparities among cannabis-related legitimate businesses and service providers. Subtitle B--Restorative Justice Sec. 311. Resentencing and expungement. Sec. 312. No discrimination in the provision of a Federal public benefit on the basis of cannabis. Sec. 313. No adverse effect for purposes of the immigration laws. Sec. 314. Provision by health care providers of the Department of Veterans Affairs of recommendations and opinions regarding veteran participation in cannabis programs. Sec. 315. Provision by health care providers of Indian health programs of recommendations and opinions regarding participation in cannabis programs. TITLE IV--TAXATION AND ESTABLISHMENT OF TRUST FUND Sec. 401. Creation of Opportunity Trust Fund and imposition of taxes with respect to cannabis products. TITLE V--PUBLIC HEALTH, CANNABIS ADMINISTRATION, AND TRADE PRACTICES Subtitle A--Public Health Sec. 501. FDA regulation of cannabis. Sec. 502. Amendments to the Federal Food, Drug, and Cosmetic Act. Sec. 503. Expedited review. Sec. 504. Regulation of cannabidiol. Sec. 505. Transition periods. Sec. 506. Amendment to the Poison Prevention Packaging Act. Sec. 507. Funding for FDA. Subtitle B--Federal Cannabis Administration Sec. 511. Federal cannabis administration. Sec. 512. Increased funding for the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. TITLE VI--WORKPLACE HEALTH AND SAFETY PROVISIONS Sec. 601. Definitions. Sec. 602. Finding regarding employers in the cannabis industry. Sec. 603. Cannabis as a targeted topic for Susan Harwood training grant program. Sec. 604. Guidance on recommended practices. Sec. 605. Workplace impact of cannabis legalization. Sec. 606. Grants for community-based education, outreach, and enforcement with respect to the rights of workers in the cannabis industry. TITLE VII--BANKING, HOUSING, AND COMMUNITY DEVELOPMENT Sec. 701. Purposes; sense of Congress. Sec. 702. Requirements for filing suspicious activity reports. Sec. 703. Guidance and examination procedures. Sec. 704. Investment in communities. Sec. 705. Fair access to financial services. Sec. 706. Consumer protections for individuals with nonviolent criminal record. TITLE VIII--MISCELLANEOUS Sec. 801. Comptroller General review of laws and regulations. Sec. 802. Cannabis Products Advisory Committee. Sec. 803. Definition of hemp under USDA domestic hemp production program. Sec. 804. Grants for hiring and training relating to cannabis enforcement. Sec. 805. Severability. SEC. 2. FINDINGS. The Congress finds as follows: (1) The communities that have been most harmed by cannabis prohibition are benefitting the least from the legal marijuana marketplace. (2) A legacy of racial and ethnic injustices, compounded by the disproportionate collateral consequences of 80 years of cannabis prohibition enforcement, now limits participation in the industry. (3) 38 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and Indian Tribes have adopted laws allowing legal access to cannabis, and 24 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, and Guam have adopted laws legalizing cannabis for adult recreational use. (4) A total of 49 States have reformed their laws pertaining to cannabis despite the Schedule I status of marijuana and its Federal criminalization. (5) The Food and Drug Administration recommended that cannabis be rescheduled under the Controlled Substances Act, from Schedule I to Schedule III, having identified ``credible scientific support for the medical use of marijuana''. (6) Legal cannabis businesses support more than 417,000 jobs throughout the United States. (7) Legal cannabis sales totaled $33,600,000,000 in 2023 and are projected to reach $56,900,000,000 by 2028. (8) According to the American Civil Liberties Union (ACLU), enforcing cannabis prohibition laws costs taxpayers approximately $3,600,000,000 a year. (9) The continued enforcement of cannabis prohibition laws resulted in over 227,000 arrests in 2022, disproportionately impacting people of color who are almost 4 times more likely to be arrested for cannabis possession than their White counterparts, despite equal rates of use across populations. (10) People of color and Native Americans have been historically targeted by discriminatory sentencing practices resulting in Black men receiving drug sentences that are 13.1 percent longer than sentences imposed for White men and Latinos being nearly 6.5 times more likely to receive a Federal sentence for cannabis possession than non-Hispanic Whites. (11) In 2013, simple cannabis possession was the fourth most common cause of deportation for any offense and the most common cause of deportation for drug law violations. Since 2003, the United States has deported more than 45,000 people whose most serious conviction was cannabis possession. (12) Fewer than one-fifth of cannabis business owners identify as non-white. (13) Applicants for cannabis licenses are limited by numerous laws, regulations, and exorbitant permit applications, licensing fees, and costs in these States, which can require more than $700,000. (14) Historically disproportionate arrest and conviction rates make it particularly difficult for people of color to enter the legal cannabis marketplace, as many States bar these individuals from participating. (15) Federal law severely limits access to loans and capital for cannabis businesses, disproportionately impacting minority and Tribal small business owners. (16) Some States, Indian Tribes, and municipalities have taken proactive steps to mitigate inequalities in the legal cannabis marketplace and ensure equal participation in the industry. SEC. 3. DEFINITIONS. In this Act: (1) Cannabis; cannabis product.--The terms ``cannabis'' and ``cannabis product'' have the same meanings given such terms in subsection (tt) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) (as added by section 502 of this Act). (2) Cannabis offense.--The term ``cannabis offense'' means a criminal offense related to cannabis-- (A) that, under Federal law, is no longer punishable pursuant to this Act or the amendments made under this Act; or (B) that, under State law, is no longer an offense or that was designated a lesser offense or for which the penalty was reduced under State law pursuant to or following the adoption of a State law authorizing the sale or use of cannabis. (3) Indian tribe.--The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the list published most recently as of the date of enactment of this Act pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). TITLE I--DECRIMINALIZATION OF CANNABIS, PUBLIC SAFETY, AND STATES' RIGHTS Subtitle A--Decriminalization of Cannabis SEC. 101. DECRIMINALIZATION OF CANNABIS. (a) Cannabis Removed From Schedule of Controlled Substances.-- (1) Removal in statute.--Schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended-- (A) in subsection (c)-- (i) by striking ``(10) Marihuana.''; and (ii) in paragraph (17), by inserting ``in cannabis (as defined in section 201(tt)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(tt)(1))) or tetrahydrocannabinols'' before ``in hemp''; and (B) in subsection (d)(2), by adding at the end the following new subparagraph: ``(C) Such term does not include any substance made of or derived from cannabis (as defined in section 201(tt)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(tt)(1)) or hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)))''. (2) Removal from schedule.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall finalize a rulemaking under section 201(a)(2) of the Controlled Substances Act (21 U.S.C. 811(a)(2)) removing marihuana and tetrahydrocannabinols in cannabis (as defined in section 201(tt)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(tt)(1))) from the schedules of controlled substances. For the purposes of the Controlled Substances Act, marihuana and tetrahydrocannabinols in cannabis (as so defined) shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule. A rulemaking under this paragraph shall be considered to have taken effect as of the date of enactment of this Act for purposes of any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, and adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. (3) Rescheduling review of non-cannabis derived tetrahydrocannibinols and cannabimimetic agents.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall initiate a review of the schedules applicable to the substances described in subsections (c)(17) and (d) of Schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812). (B) Motion to transfer.--Pursuant to the findings of the review conducted under subparagraph (A), the Secretary of Health and Human Services shall, as appropriate, initiate a motion to transfer such substances between schedules pursuant to section 201 of the Controlled Substances Act (21 U.S.C. 811). (b) Conforming Amendments to Controlled Substances Act.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 102 (21 U.S.C. 802)-- (A) by striking paragraph (16); and (B) in paragraph (44), by striking ``marihuana,''; (2) in section 401(b) (21 U.S.C. 841(b))-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (vi), by inserting ``or'' after the semicolon; (II) by striking clause (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)-- (I) in clause (vi), by inserting ``or'' after the semicolon; (II) by striking clause (vii); and (III) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), in the first sentence, by striking ``subparagraphs (A), (B), and (D)'' and inserting ``subparagraphs (A) and (B)''; (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as so redesignated, by striking ``subparagraphs (C) and (D)'' and inserting ``subparagraph (C)''; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking ``, marihuana,''; (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking ``, marihuana,''; (5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence; (6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence; (7) in section 422(d) (21 U.S.C. 863(d))-- (A) in the matter preceding paragraph (1), by striking ``marijuana, cocaine, hashish, hashish oil,'' and inserting ``cocaine,''; and (B) in paragraph (5), by striking ``, such as a marihuana cigarette,''; (8) in section 516(d) (21 U.S.C. 886(d)), by striking ``section 401(b)(6)'' each place the term appears and inserting ``section 401(b)(5)''; and (9) in section 1010(b) (21 U.S.C. 960(b))-- (A) in paragraph (1)-- (i) in subparagraph (F), by inserting ``or'' after the semicolon; (ii) by striking subparagraph (G); (iii) by redesignating subparagraph (H) as subparagraph (G); and (iv) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; (B) in paragraph (2)-- (i) in subparagraph (F), by inserting ``or'' after the semicolon; (ii) by striking subparagraph (G); (iii) by redesignating subparagraph (H) as subparagraph (G); and (iv) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; (C) by striking paragraph (4); and (D) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Other Conforming Amendments.-- (1)