To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes.

I 116TH CONGRESS 1ST SESSION H. R. 3754 To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 15, 2019 Mr. AMASH introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Com- merce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to mari- huana, 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. RULE REGARDING APPLICATION TO MARI- 3 HUANA. 4 Part G of the Controlled Substances Act (21 U.S.C. 5 801 et seq.) is amended by adding at the end the fol- 6 lowing: 7 VerDate Sep 11 2014 04:39 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3754.IH H3754 kjohnson on DSK79L0C42 with BILLS 2 •HR 3754 IH ‘‘RULE REGARDING APPLICATION TO MARIHUANA 1 ‘‘SEC. 710. (a) Notwithstanding any other provision 2 of law, the provisions of this title as applied to marihuana, 3 other than the provisions described in subsection (c) and 4 other than as provided in subsection (d), shall not apply 5 to any person acting in compliance with State law relating 6 to the manufacture, production, possession, distribution, 7 dispensation, administration, or delivery of marihuana. 8 ‘‘(b) Notwithstanding any other provision of law, the 9 provisions of this title related to marihuana, other than 10 the provisions described in subsection (c) and other than 11 as provided in subsection (d), shall not apply to any person 12 acting in compliance with the law of a federally recognized 13 Indian tribe within its jurisdiction in Indian country, as 14 defined in section 1151 of title 18, United States Code, 15 related to the manufacture, production, possession, dis- 16 tribution, dispensation, administration, or delivery of mar- 17 ihuana so long as such jurisdiction is located within a 18 State that permits, respectively, manufacture, production, 19 possession, distribution, dispensation, administration, or 20 delivery of marihuana. 21 ‘‘(c) The provisions described in this subsection are— 22 ‘‘(1) section 401(a)(1), with respect to a viola- 23 tion of section 409 or 418; 24 ‘‘(2) section 409; 25 VerDate Sep 11 2014 04:39 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3754.IH H3754 kjohnson on DSK79L0C42 with BILLS 3 •HR 3754 IH ‘‘(3) section 417; and 1 ‘‘(4) section 418. 2 ‘‘(d) Subsection (a) shall not apply to any person 3 who— 4 ‘‘(1) violates the Controlled Substances Act 5 with respect to any other controlled substance; 6 ‘‘(2) notwithstanding compliance with State or 7 tribal law, knowingly or intentionally manufactures, 8 produces, possesses, distributes, dispenses, admin- 9 isters, or delivers any other marihuana in violation 10 of the laws of the State or tribe in which such man- 11 ufacture, production, possession, distribution, dis- 12 pensation, administration, or delivery occurs; or 13 ‘‘(3) employs or hires any person under 18 14 years of age to manufacture, produce, distribute, 15 dispense, administer, or deliver marihuana.’’. 16 SEC. 2. TRANSPORTATION SAFETY OFFENSES. 17 Section 409 of the Controlled Substances Act (21 18 U.S.C. 849) is amended— 19 (1) in subsection (b), in the matter preceding 20 paragraph (1)— 21 (A) by striking ‘‘A person’’ and inserting 22 ‘‘Except as provided in subsection (d), a per- 23 son’’; and 24 VerDate Sep 11 2014 04:39 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3754.IH H3754 kjohnson on DSK79L0C42 with BILLS 4 •HR 3754 IH (B) by striking ‘‘subsection (b)’’ and in- 1 serting ‘‘subsection (c)’’; 2 (2) in subsection (c), in the matter preceding 3 paragraph (1)— 4 (A) by striking ‘‘A person’’ and inserting 5 ‘‘Except as provided in subsection (d), a per- 6 son’’; and 7 (B) by striking ‘‘subsection (a)’’ and in- 8 serting ‘‘subsection (b)’’; and 9 (3) by adding at the end the following: 10 ‘‘(d) EXCEPTION.—Subsections (b) and (c) shall not 11 apply to any person who possesses, or possesses with in- 12 tent to distribute marihuana in compliance with section 13 710.’’. 14 SEC. 3. DISTRIBUTION TO PERSONS UNDER AGE 21. 15 Section 418 of the Controlled Substances Act (21 16 U.S.C. 859) is amended— 17 (1) in subsection (a), in the first sentence, by 18 inserting ‘‘and subsection (c) of this section’’ after 19 ‘‘section 419’’; 20 (2) in subsection (b), in the first sentence, by 21 inserting ‘‘and subsection (c) of this section’’ after 22 ‘‘section 419’’; and 23 (3) by adding at the end the following: 24 VerDate Sep 11 2014 04:39 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3754.IH H3754 kjohnson on DSK79L0C42 with BILLS 5 •HR 3754 IH ‘‘(c) Subsections (a) and (b) shall not apply to any 1 person at least 18 years of age who distributes medicinal 2 marihuana to a person under 21 years of age in compli- 3 ance with section 710.’’. 4 SEC. 4. RULE OF CONSTRUCTION. 5 (a) IN GENERAL.—Conduct in compliance with this 6 Act and the amendments made by this Act— 7 (1) shall not be unlawful; 8 (2) shall not constitute trafficking in a con- 9 trolled substance under section 401 of the Controlled 10 Substances Act (21 U.S.C. 841) or any other provi- 11 sion of law; and 12 (3) shall not constitute the basis for forfeiture 13 of property under section 511 of the Controlled Sub- 14 stances Act (21 U.S.C. 881) or section 981 of title 15 18, United States Code. 16 (b) PROCEEDS.—The proceeds from any transaction 17 in compliance with this Act and the amendments made 18 by this Act shall not be deemed to be the proceeds of an 19 unlawful transaction under section 1956 or 1957 of title 20 18, United States Code, or any other provision of law. 21 Æ VerDate Sep 11 2014 04:39 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3754.IH H3754 kjohnson on DSK79L0C42 with BILLS