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II
116TH CONGRESS
1ST SESSION
S. 1552
To decriminalize marijuana, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 20, 2019
Mr. SCHUMER (for himself, Ms. DUCKWORTH, Mr. MERKLEY, Mr. SANDERS,
Ms. WARREN, Mr. WYDEN, Mrs. GILLIBRAND, and Mr. KAINE) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on the Judiciary
A BILL
To decriminalize marijuana, 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 ‘‘Marijuana Freedom
4
and Opportunity Act’’.
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SEC. 2. DECRIMINALIZATION OF MARIJUANA.
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(a) MARIHUANA REMOVED FROM SCHEDULE
OF
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CONTROLLED SUBSTANCES.—Subsection (c) of schedule
8
I of section 202(c) of the Controlled Substances Act (21
9
U.S.C. 812) is amended—
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(1) by striking ‘‘marihuana’’; and
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•S 1552 IS
(2) by striking ‘‘tetrahydrocannabinols’’.
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(b) REMOVAL OF PROHIBITION ON IMPORT AND EX-
2
PORT.—Section 1010(b) of the Controlled Substances Im-
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port and Export Act (21 U.S.C. 960) is amended—
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(1) in paragraph (1)—
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(A) in subparagraph (F), by inserting ‘‘or’’
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after the semicolon;
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(B) by striking subparagraph (G); and
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(C) by redesignating subparagraph (H) as
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subparagraph (G);
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(2) in paragraph (2)—
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(A) in subparagraph (F), by inserting ‘‘or’’
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after the semicolon;
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(B) by striking subparagraph (G); and
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(C) by redesignating subparagraph (H) as
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subparagraph (G);
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(3) in paragraph (3), by striking ‘‘paragraphs
17
(1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and
18
(2)’’;
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(4) by striking paragraph (4); and
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(5) by redesignating paragraphs (5), (6), and
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(7) as paragraphs (4), (5), and (6), respectively.
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(c) CONFORMING AMENDMENTS
TO CONTROLLED
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SUBSTANCES ACT.—The Controlled Substances Act (21
24
U.S.C. 801 et seq.) is amended—
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•S 1552 IS
(1) in section 102(44) (21 U.S.C. 802(44)), by
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striking ‘‘marihuana,’’;
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(2) in section 401(b) (21 U.S.C. 841(b))—
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(A) in paragraph (1)—
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(i) in subparagraph (A)—
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(I) in clause (vi), by inserting
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‘‘or’’ after the semicolon;
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(II) by striking (vii); and
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(III)
by
redesignating
clause
9
(viii) as clause (vii);
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(ii) in subparagraph (B)—
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(I) by striking clause (vii); and
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(II) by redesignating clause (viii)
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as clause (vii);
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(iii) in subparagraph (C), in the first
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sentence, by striking ‘‘subparagraphs (A),
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(B), and (D)’’ and inserting ‘‘subpara-
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graphs (A) and (B)’’;
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(iv) by striking subparagraph (D);
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(v) by redesignating subparagraph (E)
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as subparagraph (D); and
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(vi) in subparagraph (D)(i), as so re-
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designated, by striking ‘‘subparagraphs (C)
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and (D)’’ and inserting ‘‘subparagraph
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(C)’’;
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•S 1552 IS
(B) by striking paragraph (4); and
1
(C) by redesignating paragraphs (5), (6),
2
and (7) as paragraphs (4), (5), and (6), respec-
3
tively;
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(3)
in
section
402(c)(2)(B)
(21
U.S.C.
5
842(c)(2)(B)), by striking ‘‘, marihuana,’’;
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(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)),
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by striking ‘‘, marihuana,’’;
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(5) in section 418(a) (21 U.S.C. 859(a)), by
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striking the last sentence;
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(6) in section 419(a) (21 U.S.C. 860(a)), by
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striking the last sentence;
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(7) in section 422(d) (21 U.S.C. 863(d))—
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(A) in the matter preceding paragraph (1),
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by striking ‘‘marijuana,’’; and
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(B) in paragraph (5), by striking ‘‘, such
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as a marihuana cigarette,’’; and
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(8) in section 516(d) (21 U.S.C. 886(d)), by
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striking ‘‘section 401(b)(6)’’ each place the term ap-
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pears and inserting ‘‘section 401(b)(5)’’.
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(d) OTHER CONFORMING AMENDMENTS.—
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(1) NATIONAL FOREST SYSTEM DRUG CONTROL
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ACT OF 1986.—The National Forest System Drug
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Control Act of 1986 (16 U.S.C. 559b et seq.) is
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amended—
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•S 1552 IS
(A) in section 15002(a) (16 U.S.C.
1
559b(a)) by striking ‘‘marijuana and other’’;
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(B) in section 15003(2) (16 U.S.C.
3
559c(2)) by striking ‘‘marijuana and other’’;
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and
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(C) in section 15004(2) (16 U.S.C.
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559d(2)) by striking ‘‘marijuana and other’’.
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(2) INTERCEPTION OF COMMUNICATIONS.—Sec-
8
tion 2516 of title 18, United States Code, is amend-
9
ed—
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(A) in subsection (1)(e), by striking ‘‘mari-
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huana,’’; and
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(B) in subsection (2) by striking ‘‘mari-
13
huana,’’.
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SEC. 3. LEVEL THE ECONOMIC PLAYING FIELD.
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(a) ESTIMATE.—On an annual basis, the Secretary
16
of the Treasury shall make a reasonable estimate of total
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tax revenue generated by the marijuana industry for the
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previous 12-month period.
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(b) TRANSFER.—The Secretary of the Treasury shall
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transfer from the general fund of the Treasury to the trust
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fund established under subsection (c) the greater of—
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(1) an amount equal to 10 percent of the
23
amount estimated under subsection (a); and
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(2) $10,000,000.
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•S 1552 IS
(c) TRUST FUND.—
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(1) IN GENERAL.—There is established in the
2
Treasury of the United States a trust fund to be
3
known as the Marijuana Opportunity Trust Fund,
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which shall consist of amounts transferred under
5
subsection (b).
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(2) USE OF AMOUNTS.—Amounts in the trust
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fund established under paragraph (1) shall be made
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available to the Administrator of the Small Business
9
Administration to provide loans under section 7(m)
10
of the Small Business Act (15 U.S.C. 636(m)) to as-
11
sist—
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(A) small business concerns owned and
13
controlled by women, as defined in section 3 of
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that Act (15 U.S.C. 632), that operate in the
15
marijuana industry; and
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(B) small business concerns owned and
17
controlled by socially and economically dis-
18
advantaged individuals, as defined in section
19
8(d)(3)(C)
of
that
Act
(15
U.S.C.
20
637(d)(3)(C)), that operate in the marijuana
21
industry.
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SEC. 4. HIGHWAY SAFETY RESEARCH.
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(a) STUDY; DEVELOPMENT.—The Administrator of
2
the National Highway Traffic Safety Administration (re-
3
ferred to in this section as the ‘‘Administrator’’) shall—
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(1) carry out a study of the impact of driving
5
under the influence of tetrahydrocannabinol on high-
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way safety; and
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(2) develop enhanced strategies and procedures
8
to reliably determine the impairment of a driver
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under the influence of tetrahydrocannabinol.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There is
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authorized to be appropriated to the Administrator to
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carry out this section $50,000,000 for each of fiscal years
13
2019 through 2023.
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SEC. 5. PUBLIC HEALTH RESEARCH.
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(a) IN GENERAL.—The Secretary of Health and
16
Human Services, in consultation with the Director of the
17
National Institutes of Health and the Commissioner of
18
Food and Drugs, shall conduct research on the impacts
19
of marijuana, including—
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(1) effects of tetrahydrocannabinol on the
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human brain;
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(2) efficacy of medicinal marijuana as a treat-
23
ment for specific diseases and conditions; and
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(3) identification of additional medical benefits
25
and uses of cannabis.
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(b) AUTHORIZATION
OF APPROPRIATIONS.—There
1
are authorized to be appropriated to the Secretary of
2
Health and Human Services, $100,000,000 for each of fis-
3
cal years 2019 through 2023, for purposes of carrying out
4
the activities described in subsection (a).
5
SEC. 6. PROTECT KIDS.
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The Alcohol and Tobacco Tax and Trade Bureau of
7
the Department of the Treasury shall promulgate regula-
8
tions that—
9
(1) require restrictions on the advertising and
10
promotion of products related to marijuana, if the
11
Secretary determines that such regulation would be
12
appropriate for the protection of the public health,
13
taking into account—
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(A) the risks and benefits to the popu-
15
lation of individuals age 18 and under, includ-
16
ing users and nonusers of marijuana products;
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(B) the increased or decreased likelihood
18
that existing users of marijuana products who
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are age 18 and under will stop using such prod-
20
ucts; and
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(C) the increased or decreased likelihood
22
that those age 18 and under who do not use
23
marijuana products will start using such prod-
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ucts; and
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•S 1552 IS
(2) impose restrictions on the advertising and
1
promotion of products related to marijuana con-
2
sistent with and to the full extent permitted by the
3
First Amendment to the Constitution of the United
4
States.
5
SEC. 7. GRANTS FOR EXPUNGEMENT OF MARIJUANA CON-
6
VICTIONS.
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There is authorized to be appropriated to the Attor-
8
ney General to award grants to States and units of local
9
government for the purpose of administering, expanding,
10
or developing expungement or sealing programs for convic-
11
tions of possession of marijuana $20,000,000 for each of
12
fiscal years 2019 through 2023 with not less than 50 per-
13
cent of those funds being directed to cover the cost of pub-
14
lic defenders or legal aid providers.
15
SEC. 8. RULE OF CONSTRUCTION.
16
Nothing in this Act, or an amendment made by this
17
Act, may be construed to modify the authority of the Fed-
18
eral Government to prevent marijuana trafficking from
19
States that have legalized marijuana to those that have
20
not.
21
Æ
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