Ending Federal Marijuana Prohibition Act of 2017

Summary: Ending Federal Marijuana Prohibition Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to with respect to marijuana. It removes marijuana and tetrahydrocannabinols from schedule I. (A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.) Additionally, it eliminates criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. The bill does, however, make it a crime to knowingly ship or transport marijuana into a state where its receipt, possession, or sale is prohibited. A violator is subject to criminal penalties&#8212;a fine, a prison term of up to one year, or both.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending Federal Marijuana Prohibition 
Act of 2017''.

SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.

    (a) In General.--Part A of the Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended by adding at the end the following:

``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.

    ``(a) Prohibition on Certain Shipping or Transportation.--This Act 
shall not apply to marihuana, except that it shall be unlawful only to 
ship or transport, in any manner or by any means whatsoever, marihuana, 
from one State, territory, or district of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof, into any 
other State, territory, or district of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof, or from any 
foreign country into any State, territory, or district of the United 
States, or place noncontiguous to but subject to the jurisdiction 
thereof, when such marihuana is intended, by any person interested 
therein, to be received, possessed, sold, or in any manner used, either 
in the original package or otherwise, in violation of any law of such 
State, territory, or district of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof.
    ``(b) Penalty.--Whoever knowingly violates subsection (a) shall be 
fined under title 18, United States Code, imprisoned not more than 1 
year, or both.''.
    (b) Table of Contents.--The table of contents for the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 
Stat. 1236) is amended by striking the item relating to section 103 and 
inserting the following:

``Sec. 103. Application of this Act to marihuana.''.

SEC. 3. DEREGULATION OF MARIHUANA.

    (a) Removed From Schedule of Controlled Substances.--Subsection (c) 
of Schedule I of section 202(c) of the Controlled Substances Act (21 
U.S.C. 812(c)) is amended--
            (1) by striking ``marihuana''; and
            (2) by striking ``tetrahydrocannabinols''.
    (b) Removal of Prohibition on Import and Export.--Section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (F), by inserting ``or'' after 
                the semicolon;
                    (B) by striking subparagraph (G); and
                    (C) by redesignating subparagraph (H) as 
                subparagraph (G);
            (2) in paragraph (2)--
                    (A) in subparagraph (F), by inserting ``or'' after 
                the semicolon;
                    (B) by striking subparagraph (G); and
                    (C) by redesignating subparagraph (H) as 
                subparagraph (G);
            (3) in paragraph (3), by striking ``paragraphs (1), (2), 
        and (4)'' and inserting ``paragraphs (1) and (2)'';
            (4) by striking paragraph (4); and
            (5) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (4), (5), and (6), respectively.

SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.

    The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102(44) (21 U.S.C. 802(44)), by striking 
        ``marihuana,'';
            (2) in section 401(b) (21 U.S.C. 841(b))--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (vi), by inserting 
                                ``or'' after the semicolon;
                                    (II) by striking (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (vii); and
                                    (II) by redesignating clause (viii) 
                                as clause (vii);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraphs (A), (B), and (D)'' and 
                        inserting ``subparagraphs (A) and (B)'';
                            (iv) by striking subparagraph (D);
                            (v) by redesignating subparagraph (E) as 
                        subparagraph (D); and
                            (vi) in subparagraph (D)(i), as 
                        redesignated, by striking ``subparagraphs (C) 
                        and (D)'' and inserting ``subparagraph (C)'';
                    (B) by striking paragraph (4); and
                    (C) by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (4), (5), and (6), respectively;
            (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by 
        striking ``, marihuana,'';
            (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking 
        ``, marihuana,'';
            (5) in section 418(a) (21 U.S.C. 859(a)), by striking the 
        last sentence;
            (6) in section 419(a) (21 U.S.C. 860(a)), by striking the 
        last sentence;
            (7) in section 422(d) (21 U.S.C. 863(d))--
                    (A) in the matter preceding paragraph (1), by 
                striking ``marijuana,''; and
                    (B) in paragraph (5), by striking ``, such as a 
                marihuana cigarette,''; and
            (8) in section 516(d) (21 U.S.C. 886(d)), by striking 
        ``section 401(b)(6)'' each place the term appears and inserting 
        ``section 401(b)(5)''.