Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act

I 117TH CONGRESS 1ST SESSION H. R. 3105 To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. JOYCE of Ohio (for himself and Mr. YOUNG) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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 com- mittee concerned A BILL To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Common Sense Can- 4 nabis Reform for Veterans, Small Businesses, and Medical 5 Professionals Act’’. 6 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3105 IH SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES 1 ACT TO MARIHUANA. 2 (a) IN GENERAL.—Part A of the Controlled Sub- 3 stances Act (21 U.S.C. 801 et seq.) is amended by adding 4 at the end the following: 5 ‘‘SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA. 6 ‘‘(a) PROHIBITION ON CERTAIN SHIPPING OR 7 TRANSPORTATION.—This Act shall not apply to mari- 8 huana, except that it shall be unlawful only to ship or 9 transport, in any manner or by any means whatsoever, 10 marihuana, from one State, territory, or district of the 11 United States, or place noncontiguous to but subject to 12 the jurisdiction thereof, into any other State, territory, or 13 district of the United States, or place noncontiguous to 14 but subject to the jurisdiction thereof, or from any foreign 15 country into any State, territory, or district of the United 16 States, or place noncontiguous to but subject to the juris- 17 diction thereof, when such marihuana is intended, by any 18 person interested therein, to be received, possessed, sold, 19 or in any manner used, either in the original package or 20 otherwise, in violation of any law of such State, territory, 21 or district of the United States, or place noncontiguous 22 to but subject to the jurisdiction thereof. 23 ‘‘(b) PENALTY.—Whoever knowingly violates sub- 24 section (a) shall be fined under title 18, United States 25 Code, imprisoned not more than 1 year, or both.’’. 26 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3105 IH (b) TABLE OF CONTENTS.—The table of contents for 1 the Comprehensive Drug Abuse Prevention and Control 2 Act of 1970 (Public Law 91–513; 84 Stat. 1236) is 3 amended by striking the item relating to section 103 and 4 inserting the following: 5 ‘‘Sec. 103. Application of this Act to marihuana.’’. SEC. 3. DESCHEDULING MARIHUANA. 6 (a) REMOVED FROM SCHEDULE OF CONTROLLED 7 SUBSTANCES.—Subsection (c) of Schedule I of section 8 202(c) of the Controlled Substances Act (21 U.S.C. 9 812(c)) is amended— 10 (1) by striking ‘‘marihuana’’; and 11 (2) by striking ‘‘tetrahydrocannabinols’’. 12 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX- 13 PORT.—Section 1010(b) of the Controlled Substances Im- 14 port and Export Act (21 U.S.C. 960) is amended— 15 (1) in paragraph (1)— 16 (A) in subparagraph (F), by inserting ‘‘or’’ 17 after the semicolon; 18 (B) by striking subparagraph (G); and 19 (C) by redesignating subparagraph (H) as 20 subparagraph (G); 21 (2) in paragraph (2)— 22 (A) in subparagraph (F), by inserting ‘‘or’’ 23 after the semicolon; 24 (B) by striking subparagraph (G); and 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3105 IH (C) by redesignating subparagraph (H) as 1 subparagraph (G); 2 (3) in paragraph (3), by striking ‘‘paragraphs 3 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 4 (2)’’; 5 (4) by striking paragraph (4); and 6 (5) by redesignating paragraphs (5), (6), and 7 (7) as paragraphs (4), (5), and (6), respectively. 8 (c) CONFORMING AMENDMENTS TO CONTROLLED 9 SUBSTANCES ACT.—The Controlled Substances Act (21 10 U.S.C. 801 et seq.) is amended— 11 (1) in section 102(44) (21 U.S.C. 802(44)), by 12 striking ‘‘marihuana,’’; 13 (2) in section 401(b) (21 U.S.C. 841(b))— 14 (A) in paragraph (1)— 15 (i) in subparagraph (A)— 16 (I) in clause (vi), by inserting 17 ‘‘or’’ after the semicolon; 18 (II) by striking (vii); and 19 (III) by redesignating clause 20 (viii) as clause (vii); 21 (ii) in subparagraph (B)— 22 (I) by striking clause (vii); and 23 (II) by redesignating clause (viii) 24 as clause (vii); 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3105 IH (iii) in subparagraph (C), by striking 1 ‘‘subparagraphs (A), (B), and (D)’’ and in- 2 serting ‘‘subparagraphs (A) and (B)’’; 3 (iv) by striking subparagraph (D); 4 (v) by redesignating subparagraph (E) 5 as subparagraph (D); and 6 (vi) in subparagraph (D)(i), as redes- 7 ignated, by striking ‘‘subparagraphs (C) 8 and (D)’’ and inserting ‘‘subparagraph 9 (C)’’; 10 (B) by striking paragraph (4); and 11 (C) by redesignating paragraphs (5), (6), 12 and (7) as paragraphs (4), (5), and (6), respec- 13 tively; 14 (3) in section 402(c)(2)(B) (21 U.S.C. 15 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 16 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 17 by striking ‘‘, marihuana,’’; 18 (5) in section 418(a) (21 U.S.C. 859(a)), by 19 striking the last sentence; 20 (6) in section 419(a) (21 U.S.C. 860(a)), by 21 striking the last sentence; 22 (7) in section 422(d) (21 U.S.C. 863(d))— 23 (A) in the matter preceding paragraph (1), 24 by striking ‘‘marijuana,’’; and 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3105 IH (B) in paragraph (5), by striking ‘‘, such 1 as a marihuana cigarette,’’; and 2 (8) in section 516(d) (21 U.S.C. 886(d)), by 3 striking ‘‘section 401(b)(6)’’ each place the term ap- 4 pears and inserting ‘‘section 401(b)(5)’’. 5 SEC. 4. REGULATION AND LABELING OF MARIJUANA. 6 (a) IN GENERAL.—Not later than 1 year after the 7 date of enactment of this Act, the Food and Drug Admin- 8 istration and the Alcohol and Tobacco Tax and Trade Bu- 9 reau of the Department of the Treasury shall, jointly, 10 issue rules to regulate marijuana. Such rules shall, to the 11 extent practicable, be similar to Federal rules regulating 12 alcohol. 13 (b) EFFECTIVE DATE OF DESCHEDULING.—The 14 amendments made by sections 2 and 3 of this Act shall 15 take effect on the date that the final rules issued pursuant 16 to subsection (a) take effect. 17 SEC. 5. BANKING PROTECTIONS. 18 (a) SAFE HARBOR.—A depository institution that 19 provides a financial service to a person shall not violate 20 any Federal or State law for providing such financial serv- 21 ice solely because such person is a cannabis-related legiti- 22 mate business or a service provider. 23 (b) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3105 IH (1) BUSINESS OF INSURANCE.—The term 1 ‘‘business of insurance’’ has the meaning given such 2 term in section 1002 of the Dodd-Frank Wall Street 3 Reform and Consumer Protection Act (12 U.S.C. 4 5481). 5 (2) CANNABIS.—The term ‘‘cannabis’’ has the 6 meaning given the term ‘‘marihuana’’ in section 102 7 of the Controlled Substances Act (21 U.S.C. 802). 8 (3) CANNABIS PRODUCT.—The term ‘‘cannabis 9 product’’ means any article which contains cannabis, 10 including an article which is a concentrate, an edi- 11 ble, a tincture, a cannabis-infused product, or a top- 12 ical. 13 (4) CANNABIS-RELATED LEGITIMATE BUSI- 14 NESS.—The term ‘‘cannabis-related legitimate busi- 15 ness’’ means a manufacturer, producer, or any per- 16 son or company that— 17 (A) engages in any activity described in 18 subparagraph (B) pursuant to a law established 19 by a State or a political subdivision of a State, 20 as determined by such or political subdivision; 21 and 22 (B) participates in any business or orga- 23 nized activity that involves handling cannabis or 24 cannabis products, including cultivating, pro- 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3105 IH ducing, manufacturing, selling, transporting, 1 displaying, dispensing, distributing, or pur- 2 chasing cannabis or cannabis products. 3 (5) DEPOSITORY INSTITUTION.—The term ‘‘de- 4 pository institution’’ means— 5 (A) a depository institution as defined in 6 section 3(c) of the Federal Deposit Insurance 7 Act (12 U.S.C. 1813(c)); 8 (B) a Federal credit union as defined in 9 section 101 of the Federal Credit Union Act 10 (12 U.S.C. 1752); or 11 (C) a credit union as defined in section 12 101 of the Federal Credit Union Act (12 13 U.S.C. 1752). 14 (6) FINANCIAL SERVICE.—The term ‘‘financial 15 service’’— 16 (A) means a financial product or service, 17 as defined in section 1002 of the Dodd-Frank 18 Wall Street Reform and Consumer Protection 19 Act (12 U.S.C. 5481), regardless if the cus- 20 tomer receiving the product or service is a con- 21 sumer or commercial entity; 22 (B) means a financial product or service, 23 or any combination of products and services, 24 permitted to be provided by— 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3105 IH (i) a national bank or a financial sub- 1 sidiary pursuant to the authority provided 2 under— 3 (I) the provision designated 4 ‘‘Seventh’’ of section 5136 of the Re- 5 vised Statutes of the United States 6 (12 U.S.C. 24); or 7 (II) section 5136A of the Revised 8 Statutes of the United States (12 9 U.S.C. 24a); and 10 (ii) a Federal credit union, pursuant 11 to the authority provided under the Fed- 12 eral Credit Union Act; 13 (C) includes the business of insurance; 14 (D) includes, whether performed directly or 15 indirectly, the authorizing, processing, clearing, 16 settling, billing, transferring for deposit, trans- 17 mitting, delivering, instructing to be delivered, 18 reconciling, collecting, or otherwise effectuating 19 or facilitating of payments or funds, where such 20 payments or funds are made or transferred by 21 any means, including by the use of credit cards, 22 debit cards, other payment cards, or other ac- 23 cess devices, accounts, original or substitute 24 checks, or electronic funds transfers; 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3105 IH (E) includes acting as a money transmit- 1 ting business which directly or indirectly makes 2 use of a depository institution in connection 3 with effectuating or facilitating a payment for 4 a cannabis-related legitimate business or service 5 provider in compliance with section 5330 of 6 title 31, United States Code, and any applicable 7 State law; and 8 (F) includes acting as an armored car 9 service for processing and depositing with a de- 10 pository institution or a Federal reserve bank 11 with respect to any monetary instruments (as 12 defined under section 1956(c)(5) of title 18, 13 United States Code. 14 (7) MANUFACTURER.—The term ‘‘manufac- 15 turer’’ means a person who manufactures, com- 16 pounds, converts, processes, prepares, or packages 17 cannabis or cannabis products. 18 (8) PRODUCER.—The term ‘‘producer’’ means a 19 person who plants, cultivates, harvests, or in any 20 way facilitates the natural growth of cannabis. 21 (9) SERVICE PROVIDER.—The term ‘‘service 22 provider’’— 23 (A) means a business, organization, or 24 other person that— 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3105 IH (i) sells goods or services to a can- 1 nabis-related legitimate business; or 2 (ii) provides any business services, in- 3 cluding the sale or lease of real or any 4 other property, legal or other licensed serv- 5 ices, or any other ancillary service, relating 6 to cannabis; and 7 (B) does not include a business, organiza- 8 tion, or other person that participates in any 9 business or organized activity that involves han- 10 dling cannabis or cannabis products, including 11 cultivating, producing, manufacturing, selling, 12 transporting, displaying, dispensing, distrib- 13 uting, or purchasing cannabis or cannabis prod- 14 ucts. 15 (10) STATE.—The term ‘‘State’’ means each of 16 the several States, each Indian Tribe, the District of 17 Columbia, the Commonwealth of Puerto Rico, and 18 any territory or possession of the United States. 19 SEC. 6. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 20 MARIJUANA. 21 (a) SAFE HARBOR.—Notwithstanding any provision 22 of Federal law, it shall not be unlawful for— 23 (1) a veteran to use, possess, or transport med- 24 ical marijuana in a State or on Indian land if the 25 VerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3105 IH use, possession, or transport is authorized and in ac- 1 cordance with the law of the applicable State or In- 2 dian Tribe; 3 (2) a physician to discuss with a veteran the 4 use of medical marijuana as a treatment if the phy- 5 sician is in a State or on Indian land where the law 6 of the applicable State or Indian Tribe authorizes 7 the use, possession, distribution, dispensation, ad- 8 ministration, delivery, and transport of medical 9 marijuana; or 10 (3) a physician to recommend, complete forms 11 for, or register veterans for participation in a treat- 12 ment program involving medical marijuana that is 13 approved by the law of the applicable State or In- 14 dian Tribe. 15 (b) DEFINITIONS.—In this section: 16 (1) INDIAN LAND.—The term ‘‘Indian land’’ 17 means any of the Indian lands, as such term is de- 18 fined in section 824(b) of the Indian Health Care 19 Improvement Act (25 U.S.C. 1680n). 20 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21 has the meaning given the term ‘‘Indian tribe’’ in 22 section 4 of the In [Text truncated for display. 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