Ending Federal Marijuana Prohibition Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1588 To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 7, 2019 Ms. GABBARD (for herself, Mr. YOUNG, Mr. BLUMENAUER, Mr. SOTO, Ms. NORTON, Ms. SCHAKOWSKY, Mr. COHEN, Mr. CARBAJAL, Mr. GAETZ, Mr. AMASH, Ms. PINGREE, Ms. LEE of California, Mr. POCAN, Mr. SWALWELL of California, Mr. KHANNA, Mr. GALLEGO, Mr. CORREA, Mrs. LURIA, Mr. SMITH of Washington, and Mr. DEFAZIO) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration 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 ‘‘Ending Federal Mari- 4 juana Prohibition Act of 2019’’. 5 VerDate Sep 11 2014 23:11 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1588 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 23:11 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1588 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. DEREGULATION OF 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 23:11 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1588 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 SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUB- 9 STANCES ACT. 10 The Controlled Substances Act (21 U.S.C. 801 et 11 seq.) is amended— 12 (1) in section 102(44) (21 U.S.C. 802(44)), by 13 striking ‘‘marihuana,’’; 14 (2) in section 401(b) (21 U.S.C. 841(b))— 15 (A) in paragraph (1)— 16 (i) in subparagraph (A)— 17 (I) in clause (vi), by inserting 18 ‘‘or’’ after the semicolon; 19 (II) by striking (vii); and 20 (III) by redesignating clause 21 (viii) as clause (vii); 22 (ii) in subparagraph (B)— 23 (I) by striking clause (vii); and 24 VerDate Sep 11 2014 23:11 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1588 IH (II) by redesignating clause (viii) 1 as clause (vii); 2 (iii) in subparagraph (C), by striking 3 ‘‘subparagraphs (A), (B), and (D)’’ and in- 4 serting ‘‘subparagraphs (A) and (B)’’; 5 (iv) by striking subparagraph (D); 6 (v) by redesignating subparagraph (E) 7 as subparagraph (D); and 8 (vi) in subparagraph (D)(i), as redes- 9 ignated, by striking ‘‘subparagraphs (C) 10 and (D)’’ and inserting ‘‘subparagraph 11 (C)’’; 12 (B) by striking paragraph (4); and 13 (C) by redesignating paragraphs (5), (6), 14 and (7) as paragraphs (4), (5), and (6), respec- 15 tively; 16 (3) in section 402(c)(2)(B) (21 U.S.C. 17 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 18 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 19 by striking ‘‘, marihuana,’’; 20 (5) in section 418(a) (21 U.S.C. 859(a)), by 21 striking the last sentence; 22 (6) in section 419(a) (21 U.S.C. 860(a)), by 23 striking the last sentence; 24 (7) in section 422(d) (21 U.S.C. 863(d))— 25 VerDate Sep 11 2014 23:11 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1588 IH (A) in the matter preceding paragraph (1), 1 by striking ‘‘marijuana,’’; and 2 (B) in paragraph (5), by striking ‘‘, such 3 as a marihuana cigarette,’’; and 4 (8) in section 516(d) (21 U.S.C. 886(d)), by 5 striking ‘‘section 401(b)(6)’’ each place the term ap- 6 pears and inserting ‘‘section 401(b)(5)’’. 7 Æ VerDate Sep 11 2014 23:11 Mar 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1588.IH H1588 pbinns on DSK79D2C42PROD with BILLS