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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3746 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Marihuana And Regulatory 
Tolerance Enforcement Act''.

SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN 
              CERTAIN STATES.

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

``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES.

    ``(a) In General.--For the period described in subsection (c), this 
title shall not apply with respect to the production, manufacture, 
distribution, prescribing, dispensing, possession, and use of marihuana 
in a State if each of the following conditions is met:
            ``(1) The State submits a request to the Attorney General 
        certifying that the State has legalized marihuana for 
        recreational or medical use.
            ``(2) The request demonstrates, as determined by the 
        Attorney General, that the State has, or will have, in effect a 
        statewide regulatory regime for marihuana that is sufficient to 
        protect Federal interests, including each of the following:
                    ``(A) Preventing the distribution of marihuana to 
                minors.
                    ``(B) Preventing revenue from the sale of marihuana 
                from going to criminal enterprises, gangs, and cartels.
                    ``(C) Preventing the diversion of marihuana from 
                States where the manufacture, distribution, dispensing, 
                and possession of marihuana is legal to other States.
                    ``(D) Preventing State-authorized marihuana 
                activity from being used as a cover or pretext for the 
                trafficking of other illegal drugs or other illegal 
                activity.
                    ``(E) Preventing violence and the use of firearms 
                in the cultivation and distribution of marihuana.
                    ``(F) Preventing drugged driving and the 
                exacerbation of other adverse public health 
                consequences associated with marihuana use.
                    ``(G) Preventing the growing of marihuana on public 
                lands and the attendant public safety and environmental 
                dangers posed by marihuana production on public lands.
                    ``(H) Preventing marihuana possession or use on 
                Federal property.
                    ``(I) Preventing distribution of tainted marihuana.
            ``(3) The State agrees to study and report annually to the 
        Attorney General regarding outcomes of legalizing marihuana in 
        the State on the following:
                    ``(A) Youth marihuana use.
                    ``(B) Rates of driving while intoxicated.
                    ``(C) Diversion to other States.
                    ``(D) Prevalence of drug-related organized crime 
                activity.
    ``(b) Finding by Attorney General.--
            ``(1) In general.--Not later than 90 days after receipt of 
        a request under subsection (a), the Attorney General shall--
                    ``(A) issue a finding on whether the conditions 
                listed in subsection (a) are met; and
                    ``(B) if the Attorney General finds that such 
                conditions are not met, include an explanation of the 
                reasons why such conditions are not met.
            ``(2) Failure to issue a finding.--If the Attorney General 
        fails to issue such a finding by the deadline specified in 
        paragraph (1), the Attorney General is deemed to have found 
        that the conditions listed in subsection (a) for the State 
        involved are met, subject to the Attorney General's authority 
        to revoke such a finding under subsection (e).
    ``(c) Duration of Period.--The period described in this subsection 
is, with respect to a State, the period of 3 years beginning on the 
effective date of the Attorney General's finding that the conditions 
listed in subsection (a) are met. A State may submit requests under 
subsection (a)(1) for subsequent, consecutive 3-year periods.
    ``(d) Effective Date.--The effective date of a finding under 
subsection (b)(1) that the conditions listed in subsection (a) are met 
with respect to a State shall be not sooner than the effective date of 
the State's regulatory regime required by subsection (a)(2).
    ``(e) Loss of Waiver.--
            ``(1) In general.--The Attorney General may--
                    ``(A) continually review the production, 
                manufacture, distribution, prescribing, dispensing, 
                possession, and use of marihuana in a State with 
                respect to which the Attorney General finds the 
                conditions listed in subsection (a) are met; and
                    ``(B) after providing notice and an opportunity to 
                correct any failure to meet such conditions in 
                accordance with paragraph (2), revoke such finding if 
                the Attorney General finds that the conditions listed 
                in subsection (a) are no longer met.
            ``(2) Notice; opportunity to correct.--If the Attorney 
        General finds that the conditions listed in subsection (a) are 
        no longer met, the Attorney General shall give the State 
        involved--
                    ``(A) notice of such finding; and
                    ``(B) a period of not less than 180 days to correct 
                any failure to meet the conditions listed in subsection 
                (a).
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the Federal Government from providing assistance 
to a State (under Federal law other than this title) in the 
implementation or enforcement of State law relating to the production, 
manufacture, distribution, prescribing, dispensing, possession, or use 
of marihuana.
    ``(g) Definition.--In this section, the term `tainted' means 
containing microbes, pesticides, or controlled substances other than 
marihuana.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public 
Law 91-513) is amended by inserting at the end of the items relating to 
part E of title II the following new item:

``Sec. 521. Inapplicability to marihuana in certain States.''.
                                 <all>
```