II 

117TH CONGRESS 

2D SESSION S. 5166 

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 SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Mr. HICKENLOOPER introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

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 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 ‘‘Preparing Regulators 

5 Effectively for a Post-prohibition Adult-use Regulated En6 vironment Act of 2022’’ or the ‘‘PREPARE Act of 2022’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Cannabis was federally legal in the United 

2 States until 1937. 

3 (2) Cannabis was federally prohibited to codify 

4 discriminatory practices against minority commu5 nities. 

6 (3) Medical cannabis prohibition was estab7 lished despite objection from the American Medical 

8 Association. 

9 (4) 37 States and the District of Columbia have 

10 legalized cannabis for medical purposes. 

11 (5) 18 States and the District of Columbia have 

12 legalized cannabis for adult use. 

13 (6) Despite the Federal Government collecting 

14 revenue from the sale of cannabis, individuals are 

15 still criminally persecuted for its use. 

16 (7) Cannabis research, including research on 

17 medical uses, product safety, and impairment stand18 ards, is severely hindered and made nearly impos19 sible by its schedule 1 classification. 

20 (8) Cannabis should remain an adult product 

21 aside from the physician prescribed treatment of mi22 nors. 

23 (9) Cannabis has proven medically beneficial for 

24 patients suffering from pain, cancer, post-traumatic 


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1 stress disorder, seizure disorders, multiple sclerosis, 

2 among other diseases. 

3 (10) Since 2003, the United States Government 

4 by way of the Department of Health and Human 

5 Services has held a patent for medical cannabis as 

6 an antioxidant and neuroprotectant. 

7 (11) While the United States remains trapped 

8 in antiquated cannabis regulations, other nations 

9 and scientific competitors, including the United 

10 Kingdom, Canada, South Korea, Germany, and 

11 Israel have modified their laws to allow for varying 

12 degrees of cannabis legality and medical research. 

13 SEC. 3. PURPOSE. 

14 The President and Congress shall prepare the Fed15 eral Government for an inevitable and prompt end to Fed16 eral marihuana prohibition by establishing a commission 

17 to advise on the development of a regulatory framework 

18 with respect to marihuana regulation, including account19 ing for the different characteristics of communities, agen20 cies, and industries impacted by Federal marihuana prohi21 bition. Such regulatory framework shall be modeled after 

22 Federal and State regulatory frameworks with respect to 

23 alcohol. 


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1 SEC. 4. COMMISSION ESTABLISHMENT AND MEMBERSHIP. 

2 (a) ESTABLISHMENT.—Not later than 30 days after 

3 the date of the enactment of this Act, the Attorney Gen4 eral shall establish a commission to be known as the 

5 ‘‘Commission on the Federal Regulation of Cannabis’’ (in 

6 this Act referred to as the ‘‘Commission’’) to study a plau7 sible and prompt pathway to cannabis regulation. 

8 (b) DUTIES OF COMMISSION.— 

9 (1) PROPOSAL OF MEASURES.—The Commis10 sion shall propose measures to alleviate and remedy 

11 the: 

12 (A) Impact of cannabis criminalization, 

13 particularly on minority, low income, and vet14 eran communities. 

15 (B) Lack of access to the financial service 

16 sector for cannabis entrepreneurs and their af17 filiated industries. 

18 (C) Lack of access to cannabis related re19 search, including research on medical uses and 

20 the effects of impairment. 

21 (D) Lack of access to medical cannabis 

22 and research, particularly with respect to Fed23 eral agencies. 

24 (E) Lack of medical cannabis training at 

25 publicly funded medical training centers. 


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1 (F) Lack of consistent regulations for can2 nabis product safety, use, and labeling require3 ments. 

4 (G) Lack of efficient cannabis revenue re5 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 suc11 cessful coexistence of individual hemp and can12 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; RE17 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 in22 dustry stakeholders, criminal justice reform ad23 vocates, substance use advocates, healthcare ex24 perts, State cannabis regulators, and the DeVerDate Sep 11 2014 21:44 Dec 07, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5166.IS S5166

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1 partment of Justice of each State or Tribal gov2 ernment. 

3 (B) PUBLIC WITNESS HEARING.— 

4 (i) IN GENERAL.—Not later than 180 

5 days after the date of the enactment of 

6 this Act, the Commission shall convene a 

7 public witness hearing and solicit written 

8 or verbal testimony from: 

9 (I) Not less than two unique in10 dividuals or entities, who are not em11 ployed by the Federal Government, 

12 and represent a State legal operation 

13 that is licensed by a single State to 

14 sell, produce, manufacture, process, 

15 cultivate, or transport cannabis. 

16 (II) Not less than two unique in17 dividuals or entities, who are not em18 ployed by the Federal Government, 

19 and represent a State legal operation 

20 with a multi-State presence that is li21 censed by such States to sell, produce, 

22 manufacture, process, cultivate, or 

23 transport cannabis. 

24 (III) An individual who was con25 victed and incarcerated by the Federal 


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1 Government for a non-violent offense 

2 with respect to cannabis. 

3 (IV) An individual who was con4 victed and incarcerated by a State for 

5 a non-violent offense with respect to 

6 cannabis. 

7 (ii) PUBLIC AVAILABILITY.—Written 

8 and verbal testimony under clause (i) shall 

9 be made publicly available in the final rec10 ommendations published under paragraph 

11 (5). 

12 (3) INITIAL REPORT AND RECOMMENDA13 TIONS.—Not later than 120 days after the date of 

14 the enactment of this Act, the Commission shall 

15 publish initial findings and recommendations pursu16 ant to section 4(b), including an identification of 

17 barriers to and suggestions for regulating cannabis 

18 in a way that is similar to the regulation of alcohol 

19 with respect to the rights of State, Tribal, and the 

20 Federal Government, on the internet website of the 

21 Department of Justice. 

22 (4) ADDITIONAL PUBLIC COMMENT PERIOD.— 

23 Beginning 120 days after the date of the enactment 

24 of this Act, the Commission shall solicit additional 

25 public comment from stakeholders identified pursuVerDate Sep 11 2014 21:44 Dec 07, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5166.IS S5166

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1 ant to paragraph (2)(A) with respect to the initial 

2 recommendations published pursuant to paragraph 

3 (3). 

4 (5) FINAL RECOMMENDATIONS.—Not later than 

5 one year after the date of the enactment of this Act, 

6 the Commission shall publish a report including 

7 findings and recommendations pursuant to section 

8 4(b), including an identification of barriers to and 

9 suggestions for regulating cannabis in a way that is 

10 similar to the regulation of alcohol, on the internet 

11 website of the Department of Justice. 

12 (c) MEMBERSHIP.—The Commission shall be com13 posed of the following members: 

14 (1) The majority leader of the Senate shall ap15 point one member who is not employed by the Fed16 eral Government and was formerly incarcerated for 

17 a non-violent crime with respect to cannabis use or 

18 possession. 

19 (2) The minority leader of the Senate shall ap20 point one member who is not employed by the Fed21 eral Government and is an expert in substance abuse 

22 prevention. 

23 (3) The majority leader of the House of Rep24 resentatives shall appoint one member, who is not 


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1 employed by the Federal Government, and is a med2 ical cannabis patient or advocate. 

3 (4) The minority leader of the House of Rep4 resentatives shall appoint one member, who is not 

5 employed by the Federal Government, and who is 

6 medically licensed with substantial knowledge and 

7 demonstrated research into cannabis use and med8 ical treatments. 

9 (5) The Attorney General shall appoint one 

10 member from the Department of Justice, who is an 

11 expert in the history of cannabis criminalization and 

12 the impact of criminalization on various commu13 nities, particularly minorities, medical patients, and 

14 veterans. 

15 (6) The Director of the Bureau of Alcohol, To16 bacco, Firearms and Explosives. 

17 (7) The Director of the National Highway Traf18 fic Safety Administration. 

19 (8) The Secretary of Education shall appoint 

20 one member from the Department of Education who 

21 is an expert in prevention of youth access to alcohol 

22 and tobacco. 

23 (9) The Director of Occupational Safety and 

24 Health Administration. 


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1 (10) The Secretary of Agriculture shall appoint 

2 one member from the Department of Agriculture 

3 who is an expert on cannabis and hemp cultivation. 

4 (11) The Commissioner of the Food and Drug 

5 Administration. 

6 (12) The Director of the Alcohol and Tobacco 

7 Tax and Trade Bureau. 

8 (13) The Commissioner of the Internal Revenue 

9 Service. 

10 (14) The United States Trade Representative. 

11 (15) The Secretary of Commerce shall appoint 

12 one member from the Department of Commerce who 

13 is an expert on regulated goods in interstate com14 merce. 

15 (16) The Secretary of Health and Human Serv16 ices shall appoint one member employed by the De17 partment of Health and Human Services who is an 

18 expert on medical cannabis use and access. 

19 (17) The Director of the National Institutes of 

20 Health. 

21 (18) The Secretary of the Veterans Affairs shall 

22 appoint one member from the Department of Vet23 erans Affairs with knowledge of treatments for pain24 management and post-traumatic stress disorder and 


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1 for providing patients with affordable treatment op2 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 ex7 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 organiza12 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 State17 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 (2) SECRETARY.—The Secretary shall be elect24 ed by the members of the Commission at the first 

25 meeting of the Commission. 


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1 (3) VACANCIES.—A vacancy in the Chairperson 

2 or Secretary position shall be filled in the manner in 

3 which the original appointment was made by the re4 maining members of the Commission. 

5 (e) MEMBERSHIP BY POLITICAL PARTY.—If after the 

6 Commission is appointed there is a partisan imbalance of 

7 Commission members, the congressional leaders of the po8 litical party with fewer members on the Commission shall 

9 jointly name additional members to create partisan parity 

10 on the Commission. 

11 (f) APPOINTMENTS; REMOVALS; VACANCIES.— 

12 (1) TIMING OF APPOINTMENTS.—Each initial 

13 appointment to the Commission shall be made no 

14 later than 30 days after the Commission is estab15 lished. If any appointing authorities fail to appoint 

16 a member to the Commission, their appointment 

17 shall be made by the Attorney General. 

18 (2) REMOVAL.—A member of the Commission 

19 may be removed from the Commission at any time 

20 by the appointing authority should the member fail 

21 to meet Commission attendance requirement pursu22 ant to subsection (g). 

23 (3) VACANCIES.—A vacancy in the Commission 

24 shall be filled in the manner in which the original 


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1 appointment was made prior to the date of the Com2 mission’s next meeting. 

3 (g) MEETING REQUIREMENTS.— 

4 (1) FIRST MEETING.—The Commission shall 

5 have it’s first meeting no later than 90 days after 

6 the date of the enactment of this Act. 

7 (2) QUARTERLY MEETINGS.—The Commission 

8 shall meet quarterly. In addition to all quarterly 

9 meetings, the Commission shall meet at other times 

10 at the call of the Chairperson or as determined by 

11 a majority of Commission members. 

12 (3) QUORUM; RULE FOR VOTING ON FINAL AC13 TIONS.—A majority of the members of the Commis14 sion constitute a quorum, and an affirmative vote of 

15 a majority of the members present is required to 

16 issue recommendations. 

17 (4) ATTENDANCE BY MEMBERS.—Members are 

18 expected to attend all Commission meetings. In the 

19 case of an absence, members are expected to report 

20 to the Chairperson prior to the meeting and allow21 ance may be made for an absent member to partici22 pate remotely. Members will still be responsible for 

23 fulfilling prior commitments, regardless of attend24 ance status. If a member is absent twice in a given 

25 year, he or she will be reviewed by the Chairperson 


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1 and appointing authority and further action will be 

2 considered, including removal and replacement on 

3 the Commission. 

4 (h) MINUTES.—Minutes shall be taken at each meet5 ing by the Secretary, or in that individual’s absence, the 

6 Chairperson shall select another Commission member to 

7 take minutes during that absence. 

8 (i) ADMINISTRATIVE REQUIREMENTS.—The Attorney 

9 General shall provide staff and administrative support to 

10 the Commission. All entities of the United States Govern11 ment shall provide information that is otherwise a public 

12 record at the request of the Commission. 

13 (j) NO RULEMAKING AUTHORITY.—The Commission 

14 shall not have rulemaking authority. 

15 (k) PROHIBITION OF COMPENSATION.— 

16 (1) FEDERAL EMPLOYEES.—Members of the 

17 Commission who are full-time officers or employees 

18 of the United States may not receive additional pay, 

19 allowances, or benefits by reason of their service on 

20 the Commission. 

21 (2) OTHER MEMBERS.—Members of the Com22 mission who are not full-time officers or employees 

23 of the United States may not receive additional pay, 

24 allowances, or benefits by reason of their service on 

25 the Commission. 


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1 (l) DEFINITIONS.—In this Act: 

2 (1) CANNABIS.—The term ‘‘cannabis’’ has the 

3 meaning given the term ‘‘marihuana’’ in section 102 

4 of the Controlled Substances Act (21 U.S.C. 802). 

5 (2) STATE.—The term ‘‘State’’ includes the 

6 District of Columbia, the Commonwealth of Puerto 

7 Rico, and any territory or possession of the United 

8 States. 

9 (3) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

10 government’’ means the recognized governing body 

11 of any Indian or Alaska Native tribe, band, nation, 

12 pueblo, village, community, component band, or com13 ponent reservation, individually identified (including 

14 parenthetically) in the list published most recently as 

15 of the date of enactment of this paragraph pursuant 

16 to section 104 of the Federally Recognized Indian 

17 Tribe List Act of 1994 (25 U.S.C. 5131). 

Æ 


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