II 

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. 

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 ‘‘Substance Regulation 

5 and Safety Act of 2020’’. 

6 SEC. 2. DECRIMINALIZATION OF CANNABIS. 

7 (a) CANNABIS REMOVED FROM SCHEDULE OF CON8 TROLLED SUBSTANCES.— 


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1 (1) REMOVAL IN STATUTE.—Subsection (c) of 

2 schedule I of section 202(c) of the Controlled Sub3 stances Act (21 U.S.C. 812(c)) is amended— 

4 (A) by striking ‘‘(10) Marihuana.’’; and 

5 (B) by striking ‘‘(17) 

6 Tetrahydrocannabinols, except for 

7 tetrahydrocannabinols in hemp (as defined 

8 under section 297A of the Agricultural Mar9 keting Act of 1946).’’. 

10 (2) REMOVAL FROM SCHEDULE.— 

11 (A) IN GENERAL.—Not later than 180 

12 days after the date of enactment of this Act, 

13 the Attorney General shall finalize a rulemaking 

14 under section 201(a)(2) of the Controlled Sub15 stances Act (21 U.S.C. 811(a)(2)) removing 

16 marihuana and tetrahydrocannabinols from the 

17 schedules of controlled substances. 

18 (B) DRUGS DO NOT MEET REQUIRE19 MENTS.—Marihuana and tetrahydrocannabinols 

20 shall each be deemed to be a drug or other sub21 stance that does not meet the requirements for 

22 inclusion in any schedule under the Controlled 

23 Substances Act (21 U.S.C. 801 et seq.). 

24 (C) EFFECTIVE DATE.—The rulemaking 

25 under subparagraph (A) shall be considered to 


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1 have taken effect as of the date of enactment 

2 of this Act for purposes of any offense com3 mitted, case pending, or conviction entered, and 

4 in the case of a juvenile, any offense committed, 

5 case pending, or adjudication of juvenile delin6 quency entered, before, on, or after the date of 

7 enactment of this Act. 

8 (b) CONFORMING AMENDMENTS TO CONTROLLED

9 SUBSTANCES ACT.—The Controlled Substances Act (21 

10 U.S.C. 801 et seq.) is amended— 

11 (1) in section 102(44) (21 U.S.C. 802(44)), by 

12 striking ‘‘marihuana,’’; 

13 (2) in section 401(b) (21 U.S.C. 841(b))— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A)— 

16 (I) in clause (vi), by inserting 

17 ‘‘or’’ after the semicolon; 

18 (II) by striking clause (vii); and 

19 (III) by redesignating clause 

20 (viii) as clause (vii); 

21 (ii) in subparagraph (B)— 

22 (I) in clause (vi), by inserting 

23 ‘‘or’’ after the semicolon; 

24 (II) by striking clause (vii); and 


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1 (III) by redesignating clause 

2 (viii) as clause (vii); 

3 (iii) in subparagraph (C), in the first 

4 sentence, by striking ‘‘subparagraphs (A), 

5 (B), and (D)’’ and inserting ‘‘subpara6 graphs (A) and (B)’’; 

7 (iv) by striking subparagraph (D); 

8 (v) by redesignating subparagraph (E) 

9 as subparagraph (D); and 

10 (vi) in subparagraph (D)(i), as so re11 designated, by striking ‘‘subparagraphs (C) 

12 and (D)’’ and inserting ‘‘subparagraph 

13 (C)’’; 

14 (B) by striking paragraph (4); and 

15 (C) by redesignating paragraphs (5), (6), 

16 and (7) as paragraphs (4), (5), and (6), respec17 tively; 

18 (3) in section 402(c)(2)(B) (21 U.S.C. 

19 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 

20 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 

21 by striking ‘‘, marihuana,’’; 

22 (5) in section 418(a) (21 U.S.C. 859(a)), by 

23 striking the last sentence; 

24 (6) in section 419(a) (21 U.S.C. 860(a)), by 

25 striking the last sentence; 


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1 (7) in section 422(d) (21 U.S.C. 863(d))— 

2 (A) in the matter preceding paragraph (1), 

3 by striking ‘‘marijuana,’’; and 

4 (B) in paragraph (5), by striking ‘‘, such 

5 as a marihuana cigarette,’’; and 

6 (8) in section 516(d) (21 U.S.C. 886(d)), by 

7 striking ‘‘section 401(b)(6)’’ each place the term ap8 pears and inserting ‘‘section 401(b)(5)’’. 

9 (c) OTHER CONFORMING AMENDMENTS.— 

10 (1) NATIONAL FOREST SYSTEM DRUG CONTROL

11 ACT OF 1986.—The National Forest System Drug 

12 Control Act of 1986 (16 U.S.C. 559b et seq.) is 

13 amended— 

14 (A) in section 15002(a) (16 U.S.C. 

15 559b(a)) by striking ‘‘marijuana and other’’; 

16 (B) in section 15003(2) (16 U.S.C. 

17 559c(2)) by striking ‘‘marijuana and other’’; 

18 and 

19 (C) in section 15004(2) (16 U.S.C. 

20 559d(2)) by striking ‘‘marijuana and other’’. 

21 (2) INTERCEPTION OF COMMUNICATIONS.—Sec22 tion 2516 of title 18, United States Code, is amend23 ed— 

24 (A) in subsection (1)(e), by striking ‘‘, 

25 marihuana,’’; and 


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1 (B) in subsection (2), by striking ‘‘, mari2 huana’’. 

3 (d) RETROACTIVITY.—The amendments made by this 

4 section to the Controlled Substances Act (21 U.S.C. 801 

5 et seq.) are retroactive and shall apply to any offense com6 mitted, case pending, or conviction entered, and, in the 

7 case of a juvenile, any offense committed, case pending, 

8 or adjudication of juvenile delinquency entered, before, on, 

9 or after the date of enactment of this Act. 

10 SEC. 3. REGULATION OF CANNABIS PRODUCTS BY THE 

11 FOOD AND DRUG ADMINISTRATION. 

12 (a) IN GENERAL.—The Secretary of Health and 

13 Human Services (referred to in this section as the ‘‘Sec14 retary’’), acting through the Commissioner of Food and 

15 Drugs, shall regulate cannabis products in the same man16 ner, and to the same extent, as the Secretary regulates 

17 tobacco products under the Federal Food, Drug, and Cos18 metic Act (21 U.S.C. 301 et seq.), including by applying 

19 all labeling and advertising requirements that apply to to20 bacco products under such Act to cannabis products. 

21 (b) MINIMUM AGE FOR PURCHASING CANNABIS.— 

22 (1) IN GENERAL.—It shall be unlawful for any 

23 retailer to sell cannabis, or any cannabis-derived 

24 product, to any individual younger than 21 years of 

25 age. 


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1 (2) ENFORCEMENT.—The Secretary shall en2 force paragraph (1) in the same manner, and to the 

3 same extent, as the Secretary enforces section 

4 906(d)(5) of the Federal Food, Drug, and Cosmetic 

5 Act (21 U.S.C. 387f(d)(5)). 

6 (c) REGULATIONS.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall promul8 gate regulations to carry out this section. 

9 SEC. 4. FEDERALLY FUNDED RESEARCH ON CANNABIS. 

10 Part B of title IV of the Public Health Service Act 

11 (42 U.S.C. 284 et seq.) is amended by inserting after sec12 tion 408 (42 U.S.C. 284c) the following: 

13 ‘‘SEC. 408A. REQUIREMENT OF APPLICATIONS FOR ASSIST14 ANCE WITH RESPECT TO RESEARCH ON CAN15 NABIS. 

16 ‘‘A national research institute or national center— 

17 ‘‘(1) shall evaluate and consider an application 

18 for medical research related to cannabis or cannabis19 derived substances, and the potential for youth 

20 abuse of cannabis or cannabis-derived substances, on 

21 the same basis as the institute or center would 

22 evaluate and consider any other application for med23 ical research; and 

24 ‘‘(2) shall not deny any application for assist25 ance under this title solely on the basis of the relaVerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386

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1 tion of such application to cannabis or cannabis-de2 rived substances.’’. 

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

4 CANNABIS. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services (referred to in this section as the ‘‘Sec7 retary’’) shall develop a national strategy to prevent youth 

8 use and abuse of cannabis, with specific attention to youth 

9 vaping of cannabis products. 

10 (b) PREVENTING RACIALLY DISPARATE IMPACTS.— 

11 (1) CONSULTATION; RECOMMENDATIONS.—As 

12 part of the strategy under subsection (a), not later 

13 than 100 days after the date of enactment of this 

14 Act, the Secretary shall consult with civil rights 

15 stakeholders and the heads of other Federal agen16 cies, as appropriate, to— 

17 (A) assess whether cannabis abuse preven18 tion strategies and policies are likely to have ra19 cially disparate impacts; and 

20 (B) obtain recommendations to prevent ra21 cially disparate impacts in such strategies and 

22 policies. 

23 (2) SUMMARY.—Not later than 1 year after the 

24 date of enactment of this Act, the Secretary shall 


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1 publish a summary of the consultation conducted 

2 under paragraph (1), including— 

3 (A) a description of the process involved in 

4 such consultation; 

5 (B) enumerated recommendations obtained 

6 under paragraph (1)(B); and 

7 (C) enumerated explanations for why the 

8 Secretary has adopted or has not adopted each 

9 such recommendation. 

10 SEC. 6. DEPARTMENT OF AGRICULTURE REGULATIONS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of Agriculture 

13 shall promulgate regulations, as appropriate, relating to— 

14 (1) the production of cannabis with respect to 

15 health, safety, and quality; and 

16 (2) quality control of cannabis intended for use 

17 in consumer cannabis products regulated under sec18 tion 3 in accordance with the regulations developed 

19 by the Commissioner of Food and Drugs under sub20 section (c) of such section. 

21 (b) CONSULTATION.—In carrying out subsection (a), 

22 the Secretary of Agriculture shall consult, as appropriate, 

23 with the Commissioner of Food and Drugs, the Secretary 

24 of Health and Human Services, and the head of any other 

25 relevant Federal agency. 


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1 SEC. 7. REGULATIONS WITH RESPECT TO IMPORTATION 

2 AND EXPORTATION OF CANNABIS AND CAN3 NABIS PRODUCTS. 

4 Not later than one year after the date of the enact5 ment of this Act, the Commissioner of U.S. Customs and 

6 Border Protection, in consultation (as appropriate) with 

7 the Attorney General, the Secretary of Agriculture, and 

8 the Administrator of the Environmental Protection Agen9 cy, shall prescribe regulations with respect to the importa10 tion and exportation of cannabis and cannabis products. 

11 SEC. 8. HIGHWAY TRAFFIC SAFETY RESEARCH AND RE12 PORT. 

13 (a) RESEARCH.— 

14 (1) IN GENERAL.—The Secretary of Transpor15 tation, acting through the Administrator of the Na16 tional Highway Traffic Safety Administration (re17 ferred to in this section as the ‘‘Secretary’’), shall 

18 conduct research to identify reliable, evidence-based 

19 methods for detecting cannabis-impaired driving. 

20 (2) COORDINATION.—In conducting the re21 search under paragraph (1), the Secretary shall co22 ordinate with the heads of other Federal agencies, as 

23 appropriate. 

24 (b) EVALUATION.— 

25 (1) IN GENERAL.—The Secretary shall evaluate 

26 each method for detecting cannabis-impaired driving 


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1 identified pursuant to the research conducted under 

2 subsection (a) to determine whether the method is 

3 likely to contribute to racially disparate impacts in 

4 the enforcement of traffic safety laws. 

5 (2) CONSULTATION.— 

6 (A) CONSULTATION REQUIRED.—In evalu7 ating a method for detecting cannabis-impaired 

8 driving under paragraph (1), the Secretary 

9 shall consult with— 

10 (i) civil rights stakeholders; and 

11 (ii) the heads of other Federal agen12 cies, as appropriate. 

13 (B) RECOMMENDATIONS AND BEST PRAC14 TICES.— 

15 (i) IN GENERAL.—The civil rights 

16 stakeholders consulted under subparagraph 

17 (A)(i) may develop recommendations and 

18 best practices designed to prevent racially 

19 disparate impacts in the enforcement of 

20 traffic safety laws with respect to the use 

21 of any method for detecting cannabis-im22 paired driving. 

23 (ii) CONSIDERATION OF REC24 OMMENDATIONS AND BEST PRACTICES.— 

25 The Secretary shall consider any recVerDate Sep 11 2014 20:15 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4386.IS S4386

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1 ommendations or best practices developed 

2 under clause (i) in determining whether to 

3 adopt for purposes of any guidance issued, 

4 regulation promulgated, or grant adminis5 tered by the National Highway Traffic 

6 Safety Administration a method for detect7 ing cannabis-impaired driving identified 

8 pursuant to the research conducted under 

9 subsection (a). 

10 (iii) PUBLIC AVAILABILITY.—Any rec11 ommendations or best practices developed 

12 under clause (i) shall be made publicly 

13 available on the website of the National 

14 Highway Traffic Safety Administration. 

15 (c) REPORT.—The Secretary shall publish in the 

16 Federal Register and on the website of the National High17 way Traffic Safety Administration a report describing— 

18 (1) the research conducted under subsection 

19 (a); and 

20 (2) each evaluation conducted under subsection 

21 (b), including— 

22 (A) a description of the consultation proc23 ess carried out under paragraph (2) of that 

24 subsection; 


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1 (B) a description of each recommendation 

2 or best practice developed by civil rights stake3 holders under subparagraph (B) of that para4 graph; and 

5 (C) an explanation of the reasons for 

6 adopting or not adopting for purposes of any 

7 guidance issued, regulation promulgated, or 

8 grant administered by the National Highway 

9 Traffic Safety Administration— 

10 (i) each method for detecting can11 nabis-impaired driving identified pursuant 

12 to the research conducted under subsection 

13 (a); and 

14 (ii) each recommendation or best 

15 practice developed by civil rights stake16 holders under subsection (b)(2)(B). 

Æ 


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