PREPARE Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2598 To establish a Commission on the Federal Regulation of Cannabis to study a prompt and plausible pathway to the Federal regulation of cannabis, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 13, 2023 Mr. JOYCE of Ohio (for himself and Mr. JEFFRIES) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agri- culture, and Financial Services, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a Commission on the Federal Regulation of Cannabis to study a prompt and plausible pathway to the Federal regulation of cannabis, and for other pur- poses. 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 ‘‘Preparing Regulators 4 Effectively for a Post-prohibition Adult-use Regulated En- 5 vironment Act of 2023’’ or the ‘‘PREPARE Act of 2023’’. 6 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2598 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Cannabis was federally legal in the United 3 States until 1937. 4 (2) Cannabis was federally prohibited to codify 5 discriminatory practices against minority commu- 6 nities. 7 (3) Medical cannabis prohibition was estab- 8 lished despite objection from the American Medical 9 Association. 10 (4) 38 States and the District of Columbia have 11 legalized cannabis for medical purposes. 12 (5) 21 States and the District of Columbia have 13 legalized cannabis for adult use. 14 (6) Despite the Federal Government collecting 15 revenue from the sale of cannabis, individuals are 16 still criminally persecuted for its use. 17 (7) Cannabis research, including research on 18 medical uses, product safety, and impairment stand- 19 ards, is severely hindered and made nearly impos- 20 sible by its schedule 1 classification. 21 (8) Cannabis should remain an adult product 22 aside from the physician prescribed treatment of mi- 23 nors. 24 (9) Cannabis has proven medically beneficial for 25 patients suffering from pain, cancer, post-traumatic 26 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2598 IH stress disorder, seizure disorders, and multiple scle- 1 rosis, among other diseases. 2 (10) Since 2003, the United States Government 3 by way of the Department of Health and Human 4 Services has held a patent for medical cannabis as 5 an antioxidant and neuroprotectant. 6 (11) While the United States remains trapped 7 in antiquated cannabis regulations, other nations 8 and scientific competitors, including the United 9 Kingdom, Canada, South Korea, Germany, and 10 Israel have modified their laws to allow for varying 11 degrees of cannabis legality and medical research. 12 SEC. 3. PURPOSE. 13 The President and Congress shall prepare the Fed- 14 eral Government for an inevitable and prompt end to Fed- 15 eral marihuana prohibition by establishing a commission 16 to advise on the development of a regulatory framework 17 with respect to marihuana regulation, including account- 18 ing for the different characteristics of communities, agen- 19 cies, and industries impacted by Federal marihuana prohi- 20 bition. Such regulatory framework shall be modeled after 21 Federal and State regulatory frameworks with respect to 22 alcohol. 23 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2598 IH SEC. 4. COMMISSION ESTABLISHMENT AND MEMBERSHIP. 1 (a) ESTABLISHMENT.—Not later than 30 days after 2 the date of the enactment of this Act, the Attorney Gen- 3 eral shall establish a commission to be known as the 4 ‘‘Commission on the Federal Regulation of Cannabis’’ (in 5 this Act referred to as the ‘‘Commission’’) to study a plau- 6 sible and prompt pathway to cannabis regulation. 7 (b) DUTIES OF COMMISSION.— 8 (1) PROPOSAL OF MEASURES.—The Commis- 9 sion shall propose measures to alleviate and remedy 10 the: 11 (A) Impact of cannabis criminalization, 12 particularly on minority, low income, and vet- 13 eran communities. 14 (B) Lack of access to the financial service 15 sector for cannabis entrepreneurs and their af- 16 filiated industries. 17 (C) Lack of access to cannabis related re- 18 search, including research on medical uses and 19 the effects of impairment. 20 (D) Lack of access to medical cannabis 21 and research, particularly with respect to Fed- 22 eral agencies. 23 (E) Lack of medical cannabis training at 24 publicly funded medical training centers. 25 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2598 IH (F) Lack of consistent regulations for can- 1 nabis product and safety, use, and labeling re- 2 quirements, including requirements to protect 3 youth and reduce harms to youth. 4 (G) Lack of efficient cannabis revenue re- 5 porting and collecting, including efficient and 6 tenable Federal revenue frameworks. 7 (H) Lack of guidance for cannabis crop 8 production, sale, intrastate, interstate, and 9 international trade. 10 (I) Lack of guidance regarding the suc- 11 cessful coexistence of individual hemp and can- 12 nabis industries, including prevention of cross 13 pollination of cannabis and hemp products. 14 (J) Any other barriers to Federal cannabis 15 legalization identified by the commission. 16 (2) PUBLIC COMMENT; PUBLIC WITNESS; RE- 17 PORTS.— 18 (A) COMMENT PERIOD.—Not later than 60 19 days after the date of the enactment of this 20 Act, the Commission shall solicit comment with 21 respect to the regulation of cannabis from in- 22 dustry stakeholders, criminal justice reform ad- 23 vocates, substance use advocates, healthcare ex- 24 perts, State cannabis regulators, and the De- 25 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2598 IH partment of Justice of each State or Tribal gov- 1 ernment. 2 (B) PUBLIC WITNESS HEARING.— 3 (i) IN GENERAL.—Not later than 180 4 days after the date of the enactment of 5 this Act, the Commission shall convene a 6 public witness hearing and solicit written 7 or verbal testimony from: 8 (I) Not less than two unique in- 9 dividuals or entities, who are not em- 10 ployed by the Federal Government, 11 and represent a State legal operation 12 that is licensed by a single State to 13 sell, produce, manufacture, process, 14 cultivate, or transport cannabis. 15 (II) Not less than two unique in- 16 dividuals or entities, who are not em- 17 ployed by the Federal Government, 18 and represent a State legal operation 19 with a multi-State presence that is li- 20 censed by such States to sell, produce, 21 manufacture, process, cultivate, or 22 transport cannabis. 23 (III) An individual who was con- 24 victed and incarcerated by the Federal 25 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2598 IH Government for a non-violent offense 1 with respect to cannabis. 2 (IV) An individual who was con- 3 victed and incarcerated by a State for 4 a non-violent offense with respect to 5 cannabis. 6 (ii) PUBLIC AVAILABILITY.—Written 7 and verbal testimony under clause (i) shall 8 be made publicly available in the final rec- 9 ommendations published under paragraph 10 (5). 11 (3) INITIAL REPORT AND RECOMMENDA- 12 TIONS.—Not later than 120 days after the date of 13 the enactment of this Act, the Commission shall 14 publish initial findings and recommendations pursu- 15 ant to section 4(b), including an identification of 16 barriers to and suggestions for regulating cannabis 17 in a way that is similar to the regulation of alcohol 18 with respect to the rights of State, Tribal, and the 19 Federal Government, on the internet website of the 20 Department of Justice. 21 (4) ADDITIONAL PUBLIC COMMENT PERIOD.— 22 Beginning 120 days after the date of the enactment 23 of this Act, the Commission shall solicit additional 24 public comment from stakeholders identified pursu- 25 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2598 IH ant to paragraph (2)(A) with respect to the initial 1 recommendations published pursuant to paragraph 2 (3). 3 (5) FINAL RECOMMENDATIONS.—Not later than 4 one year after the date of the enactment of this Act, 5 the Commission shall publish a report including 6 findings and recommendations pursuant to section 7 4(b), including an identification of barriers to and 8 suggestions for regulating cannabis in a way that is 9 similar to the regulation of alcohol, on the internet 10 website of the Department of Justice. 11 (c) MEMBERSHIP.—The Commission shall be com- 12 posed of the following members: 13 (1) The majority leader of the Senate shall ap- 14 point one member who is not employed by the Fed- 15 eral Government and was formerly incarcerated for 16 a non-violent crime with respect to cannabis use or 17 possession. 18 (2) The minority leader of the Senate shall ap- 19 point one member who is not employed by the Fed- 20 eral Government and is an expert in substance abuse 21 prevention. 22 (3) The minority leader of the House of Rep- 23 resentatives shall appoint one member who is not 24 employed by the Federal Government and is an ex- 25 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2598 IH pert in the history of cannabis criminalization and 1 the impact of criminalization on various commu- 2 nities, particularly minorities, medical patients, and 3 veterans. 4 (4) The majority leader of the House of Rep- 5 resentatives shall appoint one member who is not 6 employed by the Federal Government and who is 7 medically licensed with substantial knowledge and 8 demonstrated research into cannabis use and med- 9 ical treatments. 10 (5) The Attorney General shall appoint one 11 member from the Department of Justice, who is an 12 expert in the history of cannabis criminalization and 13 the impact of criminalization on various commu- 14 nities, particularly minorities, medical patients, and 15 veterans. 16 (6) The Director of the Bureau of Alcohol, To- 17 bacco, Firearms and Explosives. 18 (7) The Director of the National Highway Traf- 19 fic Safety Administration. 20 (8) The Secretary of Education shall appoint 21 one member from the Department of Education who 22 is an expert in prevention of youth access to alcohol 23 and tobacco. 24 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2598 IH (9) The Director of Occupational Safety and 1 Health Administration. 2 (10) The Secretary of Agriculture shall appoint 3 one member from the Department of Agriculture 4 who is an expert on cannabis and hemp cultivation. 5 (11) The Commissioner of the Food and Drug 6 Administration. 7 (12) The Director of the Alcohol and Tobacco 8 Tax and Trade Bureau. 9 (13) The Commissioner of the Internal Revenue 10 Service. 11 (14) The United States Trade Representative. 12 (15) The Secretary of Commerce shall appoint 13 one member from the Department of Commerce who 14 is an expert on regulated goods in interstate com- 15 merce. 16 (16) The Secretary of Health and Human Serv- 17 ices shall appoint one member employed by the De- 18 partment of Health and Human Services who is an 19 expert on medical cannabis use and access. 20 (17) The Director of the National Institutes of 21 Health. 22 (18) The Secretary of the Veterans Affairs shall 23 appoint one member from the Department of Vet- 24 erans Affairs with knowledge of treatments for pain 25 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2598 IH management and post-traumatic stress disorder and 1 for providing patients with affordable treatment op- 2 tions. 3 (19) The Deputy Secretary of the Interior. 4 (20) The Administrator of the Small Business 5 Administration shall appoint one member employed 6 by the Small Business Administration who is an ex- 7 pert in creating industry access for historically 8 marginalized communities. 9 (21) The Director of the National Institute of 10 Standards and Technology. 11 (22) One representative from a trade organiza- 12 tion or other non-profit entity with members from 13 multiple, highly regulated adult goods and consumer 14 package goods, appointed by the Attorney General. 15 (23) Two representatives who have worked to 16 develop two successful, separate, and unique State- 17 level regulatory systems, appointed by the Attorney 18 General. 19 (d) LEADERSHIP.— 20 (1) CHAIRPERSON.—The Chairperson shall be 21 elected by the members of the Commission at the 22 first meeting of the Commission. 23 VerDate Sep 11 2014 02:59 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2598.IH H2598 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2598 IH (2) SECRETARY.—The Secretary shall be elect- 1 ed by the members of the Commission at the first 2 meeting of the Commission. 3 (3) VACANCIES.—A vacancy in the Chairperson 4 or Secretary position shall be filled in the manner in 5 which the original appointment was made by the re- 6 maining members of the Commission. 7 (e) MEMBERSHIP BY POLITICAL PARTY.—If after the 8 Commission is appointed there is a partisan imbalance of 9 Commission members, the congressional leaders of the po- 10 litical party with fewer members on the Commission shall 11 jointly name additional members to create partisan parity 12 on the Commission. 13 (f) APPOINTMENTS; REMOVALS; VACANCIES.— 14 (1) TIMING OF APPOINTMENTS.—Each initial 15 appointment to the Commission shall be made no 16 later than 30 days after the Commission is estab- 17 lished. If any appointing authorities fail to appoint 18 a member to the Commission, their appointment 19 shall be made by the Attorney General. 20 (2) REMOVAL.—A member of the Commission 21 may be removed from the Commission at any time 22 by the appoi [Text truncated for display. Full text available on Congress.gov.]