[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)