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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4386 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4386

To decriminalize and deschedule cannabis, to provide for the regulation 
of cannabis and cannabis products to protect public health and safety, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2020

   Ms. Smith introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To decriminalize and deschedule cannabis, to provide for the regulation 
of cannabis and cannabis products to protect public health and safety, 
                        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 ``Substance Regulation and Safety Act 
of 2020''.

SEC. 2. DECRIMINALIZATION OF CANNABIS.

    (a) Cannabis Removed From Schedule of Controlled Substances.--
            (1) Removal in statute.--Subsection (c) of schedule I of 
        section 202(c) of the Controlled Substances Act (21 U.S.C. 
        812(c)) is amended--
                    (A) by striking ``(10) Marihuana.''; and
                    (B) by striking ``(17) Tetrahydrocannabinols, 
                except for tetrahydrocannabinols in hemp (as defined 
                under section 297A of the Agricultural Marketing Act of 
                1946).''.
            (2) Removal from schedule.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Attorney General 
                shall finalize a rulemaking under section 201(a)(2) of 
                the Controlled Substances Act (21 U.S.C. 811(a)(2)) 
                removing marihuana and tetrahydrocannabinols from the 
                schedules of controlled substances.
                    (B) Drugs do not meet requirements.--Marihuana and 
                tetrahydrocannabinols shall each be deemed to be a drug 
                or other substance that does not meet the requirements 
                for inclusion in any schedule under the Controlled 
                Substances Act (21 U.S.C. 801 et seq.).
                    (C) Effective date.--The rulemaking under 
                subparagraph (A) shall be considered to have taken 
                effect as of the date of enactment of this Act for 
                purposes of any offense committed, case pending, or 
                conviction entered, and in the case of a juvenile, any 
                offense committed, case pending, or adjudication of 
                juvenile delinquency entered, before, on, or after the 
                date of enactment of this Act.
    (b) 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 clause (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (ii) in subparagraph (B)--
                                    (I) in clause (vi), by inserting 
                                ``or'' after the semicolon;
                                    (II) by striking clause (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (iii) in subparagraph (C), in the first 
                        sentence, 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 so 
                        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)''.
    (c) Other Conforming Amendments.--
            (1) National forest system drug control act of 1986.--The 
        National Forest System Drug Control Act of 1986 (16 U.S.C. 559b 
        et seq.) is amended--
                    (A) in section 15002(a) (16 U.S.C. 559b(a)) by 
                striking ``marijuana and other'';
                    (B) in section 15003(2) (16 U.S.C. 559c(2)) by 
                striking ``marijuana and other''; and
                    (C) in section 15004(2) (16 U.S.C. 559d(2)) by 
                striking ``marijuana and other''.
            (2) Interception of communications.--Section 2516 of title 
        18, United States Code, is amended--
                    (A) in subsection (1)(e), by striking ``, 
                marihuana,''; and
                    (B) in subsection (2), by striking ``, marihuana''.
    (d) Retroactivity.--The amendments made by this section to the 
Controlled Substances Act (21 U.S.C. 801 et seq.) are retroactive and 
shall apply to any offense committed, case pending, or conviction 
entered, and, in the case of a juvenile, any offense committed, case 
pending, or adjudication of juvenile delinquency entered, before, on, 
or after the date of enactment of this Act.

SEC. 3. REGULATION OF CANNABIS PRODUCTS BY THE FOOD AND DRUG 
              ADMINISTRATION.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), acting through the 
Commissioner of Food and Drugs, shall regulate cannabis products in the 
same manner, and to the same extent, as the Secretary regulates tobacco 
products under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.), including by applying all labeling and advertising 
requirements that apply to tobacco products under such Act to cannabis 
products.
    (b) Minimum Age for Purchasing Cannabis.--
            (1) In general.--It shall be unlawful for any retailer to 
        sell cannabis, or any cannabis-derived product, to any 
        individual younger than 21 years of age.
            (2) Enforcement.--The Secretary shall enforce paragraph (1) 
        in the same manner, and to the same extent, as the Secretary 
        enforces section 906(d)(5) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 387f(d)(5)).
    (c) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall promulgate regulations to carry out 
this section.

SEC. 4. FEDERALLY FUNDED RESEARCH ON CANNABIS.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284 
et seq.) is amended by inserting after section 408 (42 U.S.C. 284c) the 
following:

``SEC. 408A. REQUIREMENT OF APPLICATIONS FOR ASSISTANCE WITH RESPECT TO 
              RESEARCH ON CANNABIS.

    ``A national research institute or national center--
            ``(1) shall evaluate and consider an application for 
        medical research related to cannabis or cannabis-derived 
        substances, and the potential for youth abuse of cannabis or 
        cannabis-derived substances, on the same basis as the institute 
        or center would evaluate and consider any other application for 
        medical research; and
            ``(2) shall not deny any application for assistance under 
        this title solely on the basis of the relation of such 
        application to cannabis or cannabis-derived substances.''.

SEC. 5. NATIONAL STRATEGY TO COMBAT YOUTH USE OF CANNABIS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall develop a 
national strategy to prevent youth use and abuse of cannabis, with 
specific attention to youth vaping of cannabis products.
    (b) Preventing Racially Disparate Impacts.--
            (1) Consultation; recommendations.--As part of the strategy 
        under subsection (a), not later than 100 days after the date of 
        enactment of this Act, the Secretary shall consult with civil 
        rights stakeholders and the heads of other Federal agencies, as 
        appropriate, to--
                    (A) assess whether cannabis abuse prevention 
                strategies and policies are likely to have racially 
                disparate impacts; and
                    (B) obtain recommendations to prevent racially 
                disparate impacts in such strategies and policies.
            (2) Summary.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall publish a summary of 
        the consultation conducted under paragraph (1), including--
                    (A) a description of the process involved in such 
                consultation;
                    (B) enumerated recommendations obtained under 
                paragraph (1)(B); and
                    (C) enumerated explanations for why the Secretary 
                has adopted or has not adopted each such 
                recommendation.

SEC. 6. DEPARTMENT OF AGRICULTURE REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Agriculture shall promulgate regulations, 
as appropriate, relating to--
            (1) the production of cannabis with respect to health, 
        safety, and quality; and
            (2) quality control of cannabis intended for use in 
        consumer cannabis products regulated under section 3 in 
        accordance with the regulations developed by the Commissioner 
        of Food and Drugs under subsection (c) of such section.
    (b) Consultation.--In carrying out subsection (a), the Secretary of 
Agriculture shall consult, as appropriate, with the Commissioner of 
Food and Drugs, the Secretary of Health and Human Services, and the 
head of any other relevant Federal agency.

SEC. 7. REGULATIONS WITH RESPECT TO IMPORTATION AND EXPORTATION OF 
              CANNABIS AND CANNABIS PRODUCTS.

    Not later than one year after the date of the enactment of this 
Act, the Commissioner of U.S. Customs and Border Protection, in 
consultation (as appropriate) with the Attorney General, the Secretary 
of Agriculture, and the Administrator of the Environmental Protection 
Agency, shall prescribe regulations with respect to the importation and 
exportation of cannabis and cannabis products.

SEC. 8. HIGHWAY TRAFFIC SAFETY RESEARCH AND REPORT.

    (a) Research.--
            (1) In general.--The Secretary of Transportation, acting 
        through the Administrator of the National Highway Traffic 
        Safety Administration (referred to in this section as the 
        ``Secretary''), shall conduct research to identify reliable, 
        evidence-based methods for detecting cannabis-impaired driving.
            (2) Coordination.--In conducting the research under 
        paragraph (1), the Secretary shall coordinate with the heads of 
        other Federal agencies, as appropriate.
    (b) Evaluation.--
            (1) In general.--The Secretary shall evaluate each method 
        for detecting cannabis-impaired driving identified pursuant to 
        the research conducted under subsection (a) to determine 
        whether the method is likely to contribute to racially 
        disparate impacts in the enforcement of traffic safety laws.
            (2) Consultation.--
                    (A) Consultation required.--In evaluating a method 
                for detecting cannabis-impaired driving under paragraph 
                (1), the Secretary shall consult with--
                            (i) civil rights stakeholders; and
                            (ii) the heads of other Federal agencies, 
                        as appropriate.
                    (B) Recommendations and best practices.--
                            (i) In general.--The civil rights 
                        stakeholders consulted under subparagraph 
                        (A)(i) may develop recommendations and best 
                        practices designed to prevent racially 
                        disparate impacts in the enforcement of traffic 
                        safety laws with respect to the use of any 
                        method for detecting cannabis-impaired driving.
                            (ii) Consideration of recommendations and 
                        best practices.--The Secretary shall consider 
                        any recommendations or best practices developed 
                        under clause (i) in determining whether to 
                        adopt for purposes of any guidance issued, 
                        regulation promulgated, or grant administered 
                        by the National Highway Traffic Safety 
                        Administration a method for detecting cannabis-
                        impaired driving identified pursuant to the 
                        research conducted under subsection (a).
                            (iii) Public availability.--Any 
                        recommendations or best practices developed 
                        under clause (i) shall be made publicly 
                        available on the website of the National 
                        Highway Traffic Safety Administration.
    (c) Report.--The Secretary shall publish in the Federal Register 
and on the website of the National Highway Traffic Safety 
Administration a report describing--
            (1) the research conducted under subsection (a); and
            (2) each evaluation conducted under subsection (b), 
        including--
                    (A) a description of the consultation process 
                carried out under paragraph (2) of that subsection;
                    (B) a description of each recommendation or best 
                practice developed by civil rights stakeholders under 
                subparagraph (B) of that paragraph; and
                    (C) an explanation of the reasons for adopting or 
                not adopting for purposes of any guidance issued, 
                regulation promulgated, or grant administered by the 
                National Highway Traffic Safety Administration--
                            (i) each method for detecting cannabis-
                        impaired driving identified pursuant to the 
                        research conducted under subsection (a); and
                            (ii) each recommendation or best practice 
                        developed by civil rights stakeholders under 
                        subsection (b)(2)(B).
                                 <all>
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