Substance Regulation and Safety Act of 2020

II 116TH CONGRESS 2D SESSION S. 4386 To decriminalize and deschedule cannabis, to provide for the regulation of cannabis and cannabis products to protect public health and safety, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 30, 2020 Ms. SMITH introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To decriminalize and deschedule cannabis, to provide for the regulation of cannabis and cannabis products to pro- tect public health and safety, 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 ‘‘Substance Regulation 4 and Safety Act of 2020’’. 5 SEC. 2. DECRIMINALIZATION OF CANNABIS. 6 (a) CANNABIS REMOVED FROM SCHEDULE OF CON- 7 TROLLED SUBSTANCES.— 8 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4386 IS (1) REMOVAL IN STATUTE.—Subsection (c) of 1 schedule I of section 202(c) of the Controlled Sub- 2 stances Act (21 U.S.C. 812(c)) is amended— 3 (A) by striking ‘‘(10) Marihuana.’’; and 4 (B) by striking ‘‘(17) 5 Tetrahydrocannabinols, except for 6 tetrahydrocannabinols in hemp (as defined 7 under section 297A of the Agricultural Mar- 8 keting Act of 1946).’’. 9 (2) REMOVAL FROM SCHEDULE.— 10 (A) IN GENERAL.—Not later than 180 11 days after the date of enactment of this Act, 12 the Attorney General shall finalize a rulemaking 13 under section 201(a)(2) of the Controlled Sub- 14 stances Act (21 U.S.C. 811(a)(2)) removing 15 marihuana and tetrahydrocannabinols from the 16 schedules of controlled substances. 17 (B) DRUGS DO NOT MEET REQUIRE- 18 MENTS.—Marihuana and tetrahydrocannabinols 19 shall each be deemed to be a drug or other sub- 20 stance that does not meet the requirements for 21 inclusion in any schedule under the Controlled 22 Substances Act (21 U.S.C. 801 et seq.). 23 (C) EFFECTIVE DATE.—The rulemaking 24 under subparagraph (A) shall be considered to 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4386 IS have taken effect as of the date of enactment 1 of this Act for purposes of any offense com- 2 mitted, case pending, or conviction entered, and 3 in the case of a juvenile, any offense committed, 4 case pending, or adjudication of juvenile delin- 5 quency entered, before, on, or after the date of 6 enactment of this Act. 7 (b) CONFORMING AMENDMENTS TO CONTROLLED 8 SUBSTANCES ACT.—The Controlled Substances Act (21 9 U.S.C. 801 et seq.) is amended— 10 (1) in section 102(44) (21 U.S.C. 802(44)), by 11 striking ‘‘marihuana,’’; 12 (2) in section 401(b) (21 U.S.C. 841(b))— 13 (A) in paragraph (1)— 14 (i) in subparagraph (A)— 15 (I) in clause (vi), by inserting 16 ‘‘or’’ after the semicolon; 17 (II) by striking clause (vii); and 18 (III) by redesignating clause 19 (viii) as clause (vii); 20 (ii) in subparagraph (B)— 21 (I) in clause (vi), by inserting 22 ‘‘or’’ after the semicolon; 23 (II) by striking clause (vii); and 24 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4386 IS (III) by redesignating clause 1 (viii) as clause (vii); 2 (iii) in subparagraph (C), in the first 3 sentence, by striking ‘‘subparagraphs (A), 4 (B), and (D)’’ and inserting ‘‘subpara- 5 graphs (A) and (B)’’; 6 (iv) by striking subparagraph (D); 7 (v) by redesignating subparagraph (E) 8 as subparagraph (D); and 9 (vi) in subparagraph (D)(i), as so re- 10 designated, by striking ‘‘subparagraphs (C) 11 and (D)’’ and inserting ‘‘subparagraph 12 (C)’’; 13 (B) by striking paragraph (4); and 14 (C) by redesignating paragraphs (5), (6), 15 and (7) as paragraphs (4), (5), and (6), respec- 16 tively; 17 (3) in section 402(c)(2)(B) (21 U.S.C. 18 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 19 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 20 by striking ‘‘, marihuana,’’; 21 (5) in section 418(a) (21 U.S.C. 859(a)), by 22 striking the last sentence; 23 (6) in section 419(a) (21 U.S.C. 860(a)), by 24 striking the last sentence; 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4386 IS (7) in section 422(d) (21 U.S.C. 863(d))— 1 (A) in the matter preceding paragraph (1), 2 by striking ‘‘marijuana,’’; and 3 (B) in paragraph (5), by striking ‘‘, such 4 as a marihuana cigarette,’’; and 5 (8) in section 516(d) (21 U.S.C. 886(d)), by 6 striking ‘‘section 401(b)(6)’’ each place the term ap- 7 pears and inserting ‘‘section 401(b)(5)’’. 8 (c) OTHER CONFORMING AMENDMENTS.— 9 (1) NATIONAL FOREST SYSTEM DRUG CONTROL 10 ACT OF 1986.—The National Forest System Drug 11 Control Act of 1986 (16 U.S.C. 559b et seq.) is 12 amended— 13 (A) in section 15002(a) (16 U.S.C. 14 559b(a)) by striking ‘‘marijuana and other’’; 15 (B) in section 15003(2) (16 U.S.C. 16 559c(2)) by striking ‘‘marijuana and other’’; 17 and 18 (C) in section 15004(2) (16 U.S.C. 19 559d(2)) by striking ‘‘marijuana and other’’. 20 (2) INTERCEPTION OF COMMUNICATIONS.—Sec- 21 tion 2516 of title 18, United States Code, is amend- 22 ed— 23 (A) in subsection (1)(e), by striking ‘‘, 24 marihuana,’’; and 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4386 IS (B) in subsection (2), by striking ‘‘, mari- 1 huana’’. 2 (d) RETROACTIVITY.—The amendments made by this 3 section to the Controlled Substances Act (21 U.S.C. 801 4 et seq.) are retroactive and shall apply to any offense com- 5 mitted, case pending, or conviction entered, and, in the 6 case of a juvenile, any offense committed, case pending, 7 or adjudication of juvenile delinquency entered, before, on, 8 or after the date of enactment of this Act. 9 SEC. 3. REGULATION OF CANNABIS PRODUCTS BY THE 10 FOOD AND DRUG ADMINISTRATION. 11 (a) IN GENERAL.—The Secretary of Health and 12 Human Services (referred to in this section as the ‘‘Sec- 13 retary’’), acting through the Commissioner of Food and 14 Drugs, shall regulate cannabis products in the same man- 15 ner, and to the same extent, as the Secretary regulates 16 tobacco products under the Federal Food, Drug, and Cos- 17 metic Act (21 U.S.C. 301 et seq.), including by applying 18 all labeling and advertising requirements that apply to to- 19 bacco products under such Act to cannabis products. 20 (b) MINIMUM AGE FOR PURCHASING CANNABIS.— 21 (1) IN GENERAL.—It shall be unlawful for any 22 retailer to sell cannabis, or any cannabis-derived 23 product, to any individual younger than 21 years of 24 age. 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4386 IS (2) ENFORCEMENT.—The Secretary shall en- 1 force paragraph (1) in the same manner, and to the 2 same extent, as the Secretary enforces section 3 906(d)(5) of the Federal Food, Drug, and Cosmetic 4 Act (21 U.S.C. 387f(d)(5)). 5 (c) REGULATIONS.—Not later than 1 year after the 6 date of enactment of this Act, the Secretary shall promul- 7 gate regulations to carry out this section. 8 SEC. 4. FEDERALLY FUNDED RESEARCH ON CANNABIS. 9 Part B of title IV of the Public Health Service Act 10 (42 U.S.C. 284 et seq.) is amended by inserting after sec- 11 tion 408 (42 U.S.C. 284c) the following: 12 ‘‘SEC. 408A. REQUIREMENT OF APPLICATIONS FOR ASSIST- 13 ANCE WITH RESPECT TO RESEARCH ON CAN- 14 NABIS. 15 ‘‘A national research institute or national center— 16 ‘‘(1) shall evaluate and consider an application 17 for medical research related to cannabis or cannabis- 18 derived substances, and the potential for youth 19 abuse of cannabis or cannabis-derived substances, on 20 the same basis as the institute or center would 21 evaluate and consider any other application for med- 22 ical research; and 23 ‘‘(2) shall not deny any application for assist- 24 ance under this title solely on the basis of the rela- 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4386 IS tion of such application to cannabis or cannabis-de- 1 rived substances.’’. 2 SEC. 5. NATIONAL STRATEGY TO COMBAT YOUTH USE OF 3 CANNABIS. 4 (a) IN GENERAL.—The Secretary of Health and 5 Human Services (referred to in this section as the ‘‘Sec- 6 retary’’) shall develop a national strategy to prevent youth 7 use and abuse of cannabis, with specific attention to youth 8 vaping of cannabis products. 9 (b) PREVENTING RACIALLY DISPARATE IMPACTS.— 10 (1) CONSULTATION; RECOMMENDATIONS.—As 11 part of the strategy under subsection (a), not later 12 than 100 days after the date of enactment of this 13 Act, the Secretary shall consult with civil rights 14 stakeholders and the heads of other Federal agen- 15 cies, as appropriate, to— 16 (A) assess whether cannabis abuse preven- 17 tion strategies and policies are likely to have ra- 18 cially disparate impacts; and 19 (B) obtain recommendations to prevent ra- 20 cially disparate impacts in such strategies and 21 policies. 22 (2) SUMMARY.—Not later than 1 year after the 23 date of enactment of this Act, the Secretary shall 24 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4386 IS publish a summary of the consultation conducted 1 under paragraph (1), including— 2 (A) a description of the process involved in 3 such consultation; 4 (B) enumerated recommendations obtained 5 under paragraph (1)(B); and 6 (C) enumerated explanations for why the 7 Secretary has adopted or has not adopted each 8 such recommendation. 9 SEC. 6. DEPARTMENT OF AGRICULTURE REGULATIONS. 10 (a) IN GENERAL.—Not later than 1 year after the 11 date of enactment of this Act, the Secretary of Agriculture 12 shall promulgate regulations, as appropriate, relating to— 13 (1) the production of cannabis with respect to 14 health, safety, and quality; and 15 (2) quality control of cannabis intended for use 16 in consumer cannabis products regulated under sec- 17 tion 3 in accordance with the regulations developed 18 by the Commissioner of Food and Drugs under sub- 19 section (c) of such section. 20 (b) CONSULTATION.—In carrying out subsection (a), 21 the Secretary of Agriculture shall consult, as appropriate, 22 with the Commissioner of Food and Drugs, the Secretary 23 of Health and Human Services, and the head of any other 24 relevant Federal agency. 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4386 IS SEC. 7. REGULATIONS WITH RESPECT TO IMPORTATION 1 AND EXPORTATION OF CANNABIS AND CAN- 2 NABIS PRODUCTS. 3 Not later than one year after the date of the enact- 4 ment of this Act, the Commissioner of U.S. Customs and 5 Border Protection, in consultation (as appropriate) with 6 the Attorney General, the Secretary of Agriculture, and 7 the Administrator of the Environmental Protection Agen- 8 cy, shall prescribe regulations with respect to the importa- 9 tion and exportation of cannabis and cannabis products. 10 SEC. 8. HIGHWAY TRAFFIC SAFETY RESEARCH AND RE- 11 PORT. 12 (a) RESEARCH.— 13 (1) IN GENERAL.—The Secretary of Transpor- 14 tation, acting through the Administrator of the Na- 15 tional Highway Traffic Safety Administration (re- 16 ferred to in this section as the ‘‘Secretary’’), shall 17 conduct research to identify reliable, evidence-based 18 methods for detecting cannabis-impaired driving. 19 (2) COORDINATION.—In conducting the re- 20 search under paragraph (1), the Secretary shall co- 21 ordinate with the heads of other Federal agencies, as 22 appropriate. 23 (b) EVALUATION.— 24 (1) IN GENERAL.—The Secretary shall evaluate 25 each method for detecting cannabis-impaired driving 26 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4386 IS identified pursuant to the research conducted under 1 subsection (a) to determine whether the method is 2 likely to contribute to racially disparate impacts in 3 the enforcement of traffic safety laws. 4 (2) CONSULTATION.— 5 (A) CONSULTATION REQUIRED.—In evalu- 6 ating a method for detecting cannabis-impaired 7 driving under paragraph (1), the Secretary 8 shall consult with— 9 (i) civil rights stakeholders; and 10 (ii) the heads of other Federal agen- 11 cies, as appropriate. 12 (B) RECOMMENDATIONS AND BEST PRAC- 13 TICES.— 14 (i) IN GENERAL.—The civil rights 15 stakeholders consulted under subparagraph 16 (A)(i) may develop recommendations and 17 best practices designed to prevent racially 18 disparate impacts in the enforcement of 19 traffic safety laws with respect to the use 20 of any method for detecting cannabis-im- 21 paired driving. 22 (ii) CONSIDERATION OF REC- 23 OMMENDATIONS AND BEST PRACTICES.— 24 The Secretary shall consider any rec- 25 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4386 IS ommendations or best practices developed 1 under clause (i) in determining whether to 2 adopt for purposes of any guidance issued, 3 regulation promulgated, or grant adminis- 4 tered by the National Highway Traffic 5 Safety Administration a method for detect- 6 ing cannabis-impaired driving identified 7 pursuant to the research conducted under 8 subsection (a). 9 (iii) PUBLIC AVAILABILITY.—Any rec- 10 ommendations or best practices developed 11 under clause (i) shall be made publicly 12 available on the website of the National 13 Highway Traffic Safety Administration. 14 (c) REPORT.—The Secretary shall publish in the 15 Federal Register and on the website of the National High- 16 way Traffic Safety Administration a report describing— 17 (1) the research conducted under subsection 18 (a); and 19 (2) each evaluation conducted under subsection 20 (b), including— 21 (A) a description of the consultation proc- 22 ess carried out under paragraph (2) of that 23 subsection; 24 VerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 4386 IS (B) a description of each recommendation 1 or best practice developed by civil rights stake [Text truncated for display. 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