II 

118TH CONGRESS 

1ST SESSION S. 2650 

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 

JULY 27, 2023 

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 2023’’ or the ‘‘PREPARE Act of 2023’’. 

7 SEC. 2. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—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, and multiple scle2 rosis, 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 (b) PURPOSE.—The President and Congress shall 

14 prepare the Federal Government for an inevitable and 

15 prompt end to Federal marihuana prohibition by estab16 lishing a commission to advise on the development of a 

17 regulatory framework with respect to marihuana regula18 tion, including accounting for the different characteristics 

19 of communities, agencies, and industries impacted by Fed20 eral marihuana prohibition. Such regulatory framework 

21 shall be modeled after Federal and State regulatory 

22 frameworks with respect to alcohol. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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

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

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

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

5 District of Columbia, the Commonwealth of Puerto 

6 Rico, and any territory or possession of the United 

7 States. 

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

9 government’’ means the recognized governing body 

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

11 pueblo, village, community, component band, or com12 ponent reservation, individually identified (including 

13 parenthetically) in the list published most recently as 

14 of the date of enactment of this paragraph pursuant 

15 to section 104 of the Federally Recognized Indian 

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

17 SEC. 4. COMMISSION ESTABLISHMENT AND MEMBERSHIP. 

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

19 the date of the enactment of this Act, the Attorney Gen20 eral shall establish a commission to be known as the 

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

22 this Act referred to as the ‘‘Commission’’) to study a plau23 sible and prompt pathway to cannabis regulation. 

24 (b) DUTIES OF COMMISSION.— 


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1 (1) PROPOSAL OF MEASURES.—The Commis2 sion shall propose measures to alleviate and remedy 

3 the: 

4 (A) Impact of cannabis criminalization, 

5 particularly on minority, low income, and vet6 eran communities. 

7 (B) Lack of access to the financial service 

8 sector for cannabis entrepreneurs and their af9 filiated industries. 

10 (C) Lack of access to cannabis related re11 search, including research on medical uses and 

12 the effects of impairment. 

13 (D) Lack of access to medical cannabis 

14 and research, particularly with respect to Fed15 eral agencies. 

16 (E) Lack of medical cannabis training at 

17 publicly funded medical training centers. 

18 (F) Lack of consistent regulations for can19 nabis product and safety, use, and labeling re20 quirements, including requirements to protect 

21 youth and reduce harms to youth. 

22 (G) Lack of efficient cannabis revenue re23 porting and collecting, including efficient and 

24 tenable Federal revenue frameworks. 


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1 (H) Lack of guidance for cannabis crop 

2 production, sale, intrastate, interstate, and 

3 international trade. 

4 (I) Lack of guidance regarding the suc5 cessful coexistence of individual hemp and can6 nabis industries, including prevention of cross 

7 pollination of cannabis and hemp products. 

8 (J) Expected disruptions to established 

9 State and local regulatory systems with regard 

10 to cannabis as a result of Federal regulation. 

11 (K) Any other barriers to Federal cannabis 

12 legalization identified by the commission. 

13 (2) PUBLIC COMMENT; PUBLIC WITNESS; RE14 PORTS.— 

15 (A) COMMENT PERIOD.—Not later than 60 

16 days after the date of the enactment of this 

17 Act, the Commission shall solicit comment with 

18 respect to the regulation of cannabis from in19 dustry stakeholders, criminal justice reform ad20 vocates, substance use advocates, healthcare ex21 perts, State cannabis regulators, and the De22 partment of Justice of each State or Tribal gov23 ernment. 

24 (B) PUBLIC WITNESS HEARING.— 


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1 (i) IN GENERAL.—Not later than 180 

2 days after the date of the enactment of 

3 this Act, the Commission shall convene a 

4 public witness hearing and solicit written 

5 or verbal testimony from: 

6 (I) Not less than two unique in7 dividuals or entities, who are not em8 ployed by the Federal Government, 

9 and represent a State legal operation 

10 that is licensed by a single State to 

11 sell, produce, manufacture, process, 

12 cultivate, or transport cannabis. 

13 (II) Not less than two unique in14 dividuals or entities, who are not em15 ployed by the Federal Government, 

16 and represent a State legal operation 

17 with a multi-State presence that is li18 censed by such States to sell, produce, 

19 manufacture, process, cultivate, or 

20 transport cannabis. 

21 (III) An individual who was con22 victed and incarcerated by the Federal 

23 Government for a non-violent offense 

24 with respect to cannabis. 


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1 (IV) An individual who was con2 victed and incarcerated by a State for 

3 a non-violent offense with respect to 

4 cannabis. 

5 (ii) PUBLIC AVAILABILITY.—Written 

6 and verbal testimony under clause (i) shall 

7 be made publicly available in the final rec8 ommendations published under paragraph 

9 (5). 

10 (3) INITIAL REPORT AND RECOMMENDA11 TIONS.—Not later than 120 days after the date of 

12 the enactment of this Act, the Commission shall 

13 publish initial findings and recommendations pursu14 ant to section 4(b), including an identification of 

15 barriers to and suggestions for regulating cannabis 

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

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

18 Federal government, on the internet website of the 

19 Department of Justice. 

20 (4) ADDITIONAL PUBLIC COMMENT PERIOD.— 

21 Beginning 120 days after the date of the enactment 

22 of this Act, the Commission shall solicit additional 

23 public comment from stakeholders identified pursu24 ant to paragraph (2)(A) with respect to the initial 


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1 recommendations published pursuant to paragraph 

2 (3). 

3 (5) FINAL RECOMMENDATIONS.—Not later than 

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

5 the Commission shall publish a report including 

6 findings and recommendations pursuant to section 

7 4(b), including an identification of barriers to and 

8 suggestions for regulating cannabis in a way that is 

9 similar to the regulation of alcohol, on the internet 

10 website of the Department of Justice. 

11 (c) MEMBERSHIP.—The Commission shall be com12 posed of the following members: 

13 (1) The majority leader of the Senate shall ap14 point one member who is not employed by the Fed15 eral Government and was formerly incarcerated for 

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

17 possession. 

18 (2) The minority leader of the Senate shall ap19 point one member who is not employed by the Fed20 eral Government and is an expert in substance abuse 

21 prevention. 

22 (3) The minority leader of the House of Rep23 resentatives shall appoint one member who is not 

24 employed by the Federal Government and is an ex25 pert in the history of cannabis criminalization and 


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1 the impact of criminalization on various commu2 nities, particularly minorities, medical patients, and 

3 veterans. 

4 (4) The majority leader of the House of Rep5 resentatives shall appoint one member who is not 

6 employed by the Federal Government and who is 

7 medically licensed with substantial knowledge and 

8 demonstrated research into cannabis use and med9 ical treatments. 

10 (5) The Attorney General shall appoint one 

11 member from the Department of Justice, who is an 

12 expert in the history of cannabis criminalization and 

13 the impact of criminalization on various commu14 nities, particularly minorities, medical patients, and 

15 veterans. 

16 (6) The Director of the Bureau of Alcohol, To17 bacco, Firearms and Explosives. 

18 (7) The Director of the National Highway Traf19 fic Safety Administration. 

20 (8) The Secretary of Education shall appoint 

21 one member from the Department of Education who 

22 is an expert in prevention of youth access to alcohol 

23 and tobacco. 

24 (9) The Director of Occupational Safety and 

25 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 pain 

24 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 (24) One representative currently employed by 

20 a State and engaged in the ongoing administration 

21 of a State-legal cannabis regulatory system, separate 

22 from the States represented by the representatives 

23 described in paragraph (23), appointed by the Attor24 ney General. 


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1 (25) One representative currently employed by 

2 a municipality and engaged in the ongoing adminis3 tration of a State-legal cannabis regulatory system, 

4 separate from the States represented by the rep5 resentatives described in paragraphs (23) and (24), 

6 appointed by the Attorney General. 

7 (d) LEADERSHIP.— 

8 (1) CHAIRPERSON.—The Chairperson shall be 

9 elected by the members of the Commission at the 

10 first meeting of the Commission. 

11 (2) SECRETARY.—The Secretary shall be elect12 ed by the members of the Commission at the first 

13 meeting of the Commission. 

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

15 or Secretary position shall be filled in the manner in 

16 which the original appointment was made by the re17 maining members of the Commission. 

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

19 Commission is appointed there is a partisan imbalance of 

20 Commission members, the congressional leaders of the po21 litical party with fewer members on the Commission shall 

22 jointly name additional members to create partisan parity 

23 on the Commission. 

24 (f) APPOINTMENTS; REMOVALS; VACANCIES.— 


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1 (1) TIMING OF APPOINTMENTS.—Each initial 

2 appointment to the Commission shall be made no 

3 later than 30 days after the Commission is estab4 lished. If any appointing authorities fail to appoint 

5 a member to the Commission, their appointment 

6 shall be made by the Attorney General. 

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

8 may be removed from the Commission at any time 

9 by the appointing authority should the member fail 

10 to meet Commission attendance requirement pursu11 ant to subsection (g). 

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

13 shall be filled in the manner in which the original 

14 appointment was made prior to the date of the Com15 mission’s next meeting. 

16 (g) MEETING REQUIREMENTS.— 

17 (1) FIRST MEETING.—The Commission shall 

18 have its first meeting no later than 90 days after the 

19 date of the enactment of this Act. 

20 (2) QUARTERLY MEETINGS.—The Commission 

21 shall meet quarterly. In addition to all quarterly 

22 meetings, the Commission shall meet at other times 

23 at the call of the Chairperson or as determined by 

24 a majority of Commission members. 


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1 (3) QUORUM; RULE FOR VOTING ON FINAL AC2 TIONS.—A majority of the members of the Commis3 sion constitute a quorum, and an affirmative vote of 

4 a majority of the members present is required to 

5 issue recommendations. 

6 (4) ATTENDANCE BY MEMBERS.—Members are 

7 expected to attend all Commission meetings. In the 

8 case of an absence, members are expected to report 

9 to the Chairperson prior to the meeting and allow10 ance may be made for an absent member to partici11 pate remotely. Members will still be responsible for 

12 fulfilling prior commitments, regardless of attend13 ance status. If a member is absent twice in a given 

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

15 and appointing authority and further action will be 

16 considered, including removal and replacement on 

17 the Commission. 

18 (h) MINUTES.—Minutes shall be taken at each meet19 ing by the Secretary, or in that individual’s absence, the 

20 Chairperson shall select another Commission member to 

21 take minutes during that absence. 

22 (i) ADMINISTRATIVE REQUIREMENTS.—The Attorney 

23 General shall provide staff and administrative support to 

24 the Commission. All entities of the United States GovernVerDate Sep 11 2014 23:11 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2650.IS S2650

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1 ment shall provide information that is otherwise a public 

2 record at the request of the Commission. 

3 (j) NO RULEMAKING AUTHORITY.—The Commission 

4 shall not have rulemaking authority. 

5 (k) PROHIBITION OF COMPENSATION.— 

6 (1) FEDERAL EMPLOYEES.—Members of the 

7 Commission who are full-time officers or employees 

8 of the United States may not receive additional pay, 

9 allowances, or benefits by reason of their service on 

10 the Commission. 

11 (2) OTHER MEMBERS.—Members of the Com12 mission who are not full-time officers or employees 

13 of the United States may not receive additional pay, 

14 allowances, or benefits by reason of their service on 

15 the Commission. 

Æ 


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