I 

114TH CONGRESS 

1ST SESSION H. R. 3746 

To make the Controlled Substances Act inapplicable with respect to marihuana in States that have legalized marijuana and have in effect a 

statewide regulatory regime to protect certain Federal interests, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 9, 2015 

Ms. DELBENE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To make the Controlled Substances Act inapplicable with 

respect to marihuana in States that have legalized marijuana and have in effect a statewide regulatory regime 

to protect certain Federal interests, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Marihuana And 

5 Regulatory Tolerance Enforcement Act’’. 


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1 SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES 

2 ACT TO MARIHUANA IN CERTAIN STATES. 

3 (a) IN GENERAL.—Part E of the Controlled Sub4 stances Act (21 U.S.C. 871 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN 

7 STATES. 

8 ‘‘(a) IN GENERAL.—For the period described in sub9 section (c), this title shall not apply with respect to the 

10 production, manufacture, distribution, prescribing, dis11 pensing, possession, and use of marihuana in a State if 

12 each of the following conditions is met: 

13 ‘‘(1) The State submits a request to the Attor14 ney General certifying that the State has legalized 

15 marihuana for recreational or medical use. 

16 ‘‘(2) The request demonstrates, as determined 

17 by the Attorney General, that the State has, or will 

18 have, in effect a statewide regulatory regime for 

19 marihuana that is sufficient to protect Federal inter20 ests, including each of the following: 

21 ‘‘(A) Preventing the distribution of mari22 huana to minors. 

23 ‘‘(B) Preventing revenue from the sale of 

24 marihuana from going to criminal enterprises, 

25 gangs, and cartels. 


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1 ‘‘(C) Preventing the diversion of mari2 huana from States where the manufacture, dis3 tribution, dispensing, and possession of mari4 huana is legal to other States. 

5 ‘‘(D) Preventing State-authorized mari6 huana activity from being used as a cover or 

7 pretext for the trafficking of other illegal drugs 

8 or other illegal activity. 

9 ‘‘(E) Preventing violence and the use of 

10 firearms in the cultivation and distribution of 

11 marihuana. 

12 ‘‘(F) Preventing drugged driving and the 

13 exacerbation of other adverse public health con14 sequences associated with marihuana use. 

15 ‘‘(G) Preventing the growing of marihuana 

16 on public lands and the attendant public safety 

17 and environmental dangers posed by marihuana 

18 production on public lands. 

19 ‘‘(H) Preventing marihuana possession or 

20 use on Federal property. 

21 ‘‘(I) Preventing distribution of tainted 

22 marihuana. 

23 ‘‘(3) The State agrees to study and report an24 nually to the Attorney General regarding outcomes 


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1 of legalizing marihuana in the State on the fol2 lowing: 

3 ‘‘(A) Youth marihuana use. 

4 ‘‘(B) Rates of driving while intoxicated. 

5 ‘‘(C) Diversion to other States. 

6 ‘‘(D) Prevalence of drug-related organized 

7 crime activity. 

8 ‘‘(b) FINDING BY ATTORNEY GENERAL.— 

9 ‘‘(1) IN GENERAL.—Not later than 90 days 

10 after receipt of a request under subsection (a), the 

11 Attorney General shall— 

12 ‘‘(A) issue a finding on whether the condi13 tions listed in subsection (a) are met; and 

14 ‘‘(B) if the Attorney General finds that 

15 such conditions are not met, include an expla16 nation of the reasons why such conditions are 

17 not met. 

18 ‘‘(2) FAILURE TO ISSUE A FINDING.—If the At19 torney General fails to issue such a finding by the 

20 deadline specified in paragraph (1), the Attorney 

21 General is deemed to have found that the conditions 

22 listed in subsection (a) for the State involved are 

23 met, subject to the Attorney General’s authority to 

24 revoke such a finding under subsection (e). 


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1 ‘‘(c) DURATION OF PERIOD.—The period described 

2 in this subsection is, with respect to a State, the period 

3 of 3 years beginning on the effective date of the Attorney 

4 General’s finding that the conditions listed in subsection 

5 (a) are met. A State may submit requests under sub6 section (a)(1) for subsequent, consecutive 3-year periods. 

7 ‘‘(d) EFFECTIVE DATE.—The effective date of a find8 ing under subsection (b)(1) that the conditions listed in 

9 subsection (a) are met with respect to a State shall be 

10 not sooner than the effective date of the State’s regulatory 

11 regime required by subsection (a)(2). 

12 ‘‘(e) LOSS OF WAIVER.— 

13 ‘‘(1) IN GENERAL.—The Attorney General 

14 may— 

15 ‘‘(A) continually review the production, 

16 manufacture, distribution, prescribing, dis17 pensing, possession, and use of marihuana in a 

18 State with respect to which the Attorney Gen19 eral finds the conditions listed in subsection (a) 

20 are met; and 

21 ‘‘(B) after providing notice and an oppor22 tunity to correct any failure to meet such condi23 tions in accordance with paragraph (2), revoke 

24 such finding if the Attorney General finds that 


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1 the conditions listed in subsection (a) are no 

2 longer met. 

3 ‘‘(2) NOTICE; OPPORTUNITY TO CORRECT.—If 

4 the Attorney General finds that the conditions listed 

5 in subsection (a) are no longer met, the Attorney 

6 General shall give the State involved— 

7 ‘‘(A) notice of such finding; and 

8 ‘‘(B) a period of not less than 180 days to 

9 correct any failure to meet the conditions listed 

10 in subsection (a). 

11 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to prohibit the Federal Government 

13 from providing assistance to a State (under Federal law 

14 other than this title) in the implementation or enforcement 

15 of State law relating to the production, manufacture, dis16 tribution, prescribing, dispensing, possession, or use of 

17 marihuana. 

18 ‘‘(g) DEFINITION.—In this section, the term ‘tainted’ 

19 means containing microbes, pesticides, or controlled sub20 stances other than marihuana.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 at the beginning of the Comprehensive Drug Abuse Pre23 vention and Control Act of 1970 (Public Law 91–513) is 


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1 amended by inserting at the end of the items relating to 

2 part E of title II the following new item: 

‘‘Sec. 521. Inapplicability to marihuana in certain States.’’. 

Æ 


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