I 

115TH CONGRESS 

1ST SESSION H. R. 1841 

To provide for the regulation of marijuana products, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2017 

Mr. POLIS introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Natural Resources, and Agriculture, 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 provide for the regulation of marijuana products, 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 ‘‘Regulate Marijuana 

5 Like Alcohol Act’’. 


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1 TITLE II—REGULATION 

2 Subtitle A—Amendments To De3 criminalize Marijuana at the 

4 Federal Level 

5 SEC. 201. DECRIMINALIZATION OF MARIJUANA. 

6 (a) REMOVAL FROM SCHEDULE OF CONTROLLED

7 SUBSTANCES.—Notwithstanding any other provision of 

8 the Controlled Substances Act (21 U.S.C. 801 et seq.), 

9 the Attorney General shall, not later than 60 days after 

10 the date of the enactment of this Act, issue a final order 

11 that removes marijuana in any form from all schedules 

12 under section 202(c) of that Act (21 U.S.C. 812(c)). 

13 (b) CONFORMING AMENDMENT TO REMOVE LEGIS14 LATIVE DEADWOOD.—Subsection (c) of section 202 of the 

15 Controlled Substances Act (21 U.S.C. 812) is amended 

16 to read as follows: 

17 ‘‘(c) CROSS REFERENCE TO SCHEDULES OF CON18 TROLLED SUBSTANCES.—Schedules I, II, III, IV, and V 

19 shall consist of the drugs and other substances (by what20 ever official name, common or usual name, chemical name, 

21 or brand name designated) that are set forth in the respec22 tive schedules in part 1308 of title 21, Code of Federal 

23 Regulations, as they may be amended from time to time, 

24 or in any successor regulation.’’. 


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1 SEC. 202. APPLICATION OF THE CONTROLLED SUBSTANCES 

2 ACT AND CONTROLLED SUBSTANCES IMPORT 

3 AND EXPORT ACT TO MARIJUANA. 

4 Part A of the Controlled Substances Act (21 U.S.C. 

5 801 et seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 103. APPLICATION TO MARIHUANA. 

8 ‘‘(a) GENERAL NONAPPLICATION.—Except as pro9 vided in this section, this title and title III do not apply 

10 to marihuana. 

11 ‘‘(b) EXCEPTION: PROHIBITION ON CERTAIN TRANS12 PORTATIONS AND SHIPMENTS.—It shall be unlawful to 

13 ship or transport marihuana from any place outside a 

14 State, territory, or district of the United States, or other 

15 place noncontiguous to but subject to the jurisdiction of 

16 the United States, into that State, territory, or district 

17 of the United States, or place, when such marihuana is 

18 intended by any person interested therein to be received, 

19 possessed, sold, or in any manner used, in violation of any 

20 law of such State, territory, district, or place. 

21 ‘‘(c) PENALTY.—Whoever knowingly violates sub22 section (b) shall be fined under title 18, United States 

23 Code, or imprisoned not more than one year, or both.’’. 

24 SEC. 203. CONFORMING AND ANCILLARY AMENDMENTS. 

25 (a) MODIFICATION OF DEFINITION OF ‘‘FELONY

26 DRUG OFFENSE’’.—Section 102(44) of the Controlled 


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1 Substances Act (21 U.S.C. 802(44)) is amended by strik2 ing ‘‘marihuana,’’. 

3 (b) ELIMINATION OF MARIJUANA PENALTY PROVI4 SIONS.—Part D of the Controlled Substances Act (21 

5 U.S.C. 841 et seq.) is amended— 

6 (1) in section 401— 

7 (A) by striking subsection (b)(1)(A)(vii); 

8 (B) by striking subsection (b)(1)(B)(vii); 

9 (C) by striking subsection (b)(1)(D); and 

10 (D) by striking subsection (b)(4); 

11 (2) in section 402(c)(2)(B), by striking ‘‘mari12 huana,’’; 

13 (3) in section 403(d)(1), by striking ‘‘mari14 huana,’’; 

15 (4) in section 418(a), by striking the last sen16 tence; 

17 (5) in section 419(a), by striking the last sen18 tence; 

19 (6) in section 422(d), in the matter preceding 

20 paragraph (1), by striking ‘‘marijuana,’’; and 

21 (7) in section 422(d)(5), by striking ‘‘, such as 

22 a marihuana cigarette,’’. 

23 (c) REMOVAL OF PROHIBITION ON IMPORT AND EX24 PORT.—Section 1010 of the Controlled Substances Import 

25 and Export Act (21 U.S.C. 960) is amended— 


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1 (1) by striking subparagraph (G) of subsection 

2 (b)(1); 

3 (2) by striking subparagraph (G) of subsection 

4 (b)(2); and 

5 (3) by striking paragraph (4) of subsection (b). 

6 (d) LIMITING THE APPLICATION OF THE NATIONAL

7 FOREST SYSTEM DRUG CONTROL ACT OF 1986 TO CON8 TROLLED SUBSTANCES OTHER THAN MARIJUANA.—The 

9 National Forest System Drug Control Act of 1986 is 

10 amended— 

11 (1) in section 15002(a) (16 U.S.C. 559b(a)) by 

12 striking ‘‘marijuana and other’’; 

13 (2) in section 15003(2) (16 U.S.C. 559c(2)) by 

14 striking ‘‘marijuana and other’’; and 

15 (3) in section 15004(2) (16 U.S.C. 559d(2)) by 

16 striking ‘‘marijuana and other’’. 

17 (e) INTERCEPTION OF COMMUNICATIONS.—Section 

18 2516 of title 18, United States Code, is amended— 

19 (1) in subsection (1)(e), by striking ‘‘mari20 huana,’’; and 

21 (2) in subsection (2) by striking ‘‘marihuana,’’. 

22 (f) NATIONAL YOUTH ANTI-DRUG MEDIA CAM23 PAIGN.—Section 709 of the Office of National Drug Con24 trol Policy Reauthorization Act of 1998 (21 U.S.C. 1708) 


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1 is amended by striking subsection (j) (relating to preven2 tion of marijuana use). 

3 Subtitle B—Federal Marijuana 

4 Licensing and Related Matters 

5 SEC. 211. FEDERAL MARIJUANA ADMINISTRATION. 

6 The Federal Alcohol Administration Act (27 U.S.C. 

7 201 et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘TITLE III—MARIJUANA 

10 ‘‘SEC. 301. UNLAWFUL BUSINESSES WITHOUT MARIJUANA 

11 PERMIT. 

12 ‘‘(a) IMPORT.—It shall be unlawful, except pursuant 

13 to a permit issued under this title by the Secretary of the 

14 Treasury (hereinafter in this title referred to as the ‘Sec15 retary’)— 

16 ‘‘(1) to engage in the business of importing 

17 marijuana into the United States; or 

18 ‘‘(2) for any person so engaged to sell, offer or 

19 deliver for sale, contract to sell, or ship, in interstate 

20 or foreign commerce, directly or indirectly or 

21 through an affiliate, marijuana so imported. 

22 ‘‘(b) MANUFACTURE AND SALE.—It shall be unlaw23 ful, except pursuant to a permit issued under this title 

24 by the Secretary— 


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1 ‘‘(1) to engage in the business of cultivating, 

2 producing, manufacturing, packaging, or 

3 warehousing marijuana; or 

4 ‘‘(2) for any person so engaged to sell, offer or 

5 deliver for sale, contract to sell, or ship, in interstate 

6 or foreign commerce, directly or indirectly or 

7 through an affiliate, marijuana so cultivated, pro8 duced, manufactured, packaged, or warehoused. 

9 ‘‘(c) RESALE.—It shall be unlawful, except pursuant 

10 to a permit issued under this title by the Secretary— 

11 ‘‘(1) to engage in the business of purchasing 

12 marijuana for resale at wholesale; or 

13 ‘‘(2) for any person so engaged to receive or to 

14 sell, offer or deliver for sale, contract to sell, or ship, 

15 in interstate or foreign commerce, directly or indi16 rectly or through an affiliate, marijuana so pur17 chased. 

18 ‘‘(d) REMEDIES FOR VIOLATIONS.— 

19 ‘‘(1) CRIMINAL FINE.— 

20 ‘‘(A) GENERALLY.—Whoever violates this 

21 section shall be fined not more than $1,000. 

22 ‘‘(B) SETTLEMENT IN COMPROMISE.—The 

23 Secretary may decide not to refer a violation of 

24 this section to the Attorney General for pros25 ecution but instead to collect a payment from 


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1 the violator of no more than $500 for that vio2 lation. 

3 ‘‘(2) CIVIL ACTION FOR RELIEF.—The Attorney 

4 General may, in a civil action, obtain appropriate re5 lief to prevent and restrain a violation of this title. 

6 ‘‘SEC. 302. PROCEDURE FOR ISSUANCE OF MARIJUANA 

7 PERMITS. 

8 ‘‘(a) WHO ENTITLED TO PERMIT.— 

9 ‘‘(1) GENERALLY.—The Secretary shall issue a 

10 permit for operations requiring a permit under sec11 tion 301 unless the Secretary finds that— 

12 ‘‘(A) the applicant (or if the applicant is a 

13 corporation, any of its officers, directors, or 

14 principal stockholders) has been convicted of a 

15 disqualifying offense; 

16 ‘‘(B) the applicant is, by reason of busi17 ness experience, financial standing, or trade 

18 connections, not likely to commence operations 

19 within a reasonable period or to maintain such 

20 operations in conformity with Federal law; or 

21 ‘‘(C) the operations proposed to be con22 ducted by the applicant are in violation of the 

23 law of the State in which they are to be con24 ducted. 


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1 ‘‘(2) DISQUALIFYING OFFENSES.—For the pur2 poses of paragraph (1)— 

3 ‘‘(A) GENERALLY.—Except as provided in 

4 subparagraph (B) a disqualifying offense is an 

5 offense related to the production, consumption, 

6 or sale of marijuana that is— 

7 ‘‘(i) a felony under Federal or State 

8 law, if the conviction occurred not later 

9 than 5 years before the date of the applica10 tion; or 

11 ‘‘(ii) a misdemeanor under Federal 

12 law, if the conviction occurred not later 

13 than 3 years before the date of the applica14 tion. 

15 ‘‘(B) EXCLUDED OFFENSES.—A disquali16 fying offense does not include a Federal or 

17 State offense based on conduct that— 

18 ‘‘(i) was legal under State law in the 

19 State when and where the conduct took 

20 place, or 

21 ‘‘(ii) is, as of the date of the applica22 tion, no longer an offense in that State. 

23 ‘‘(b) REFUSAL OF PERMIT; HEARING.—If upon ex24 amination of any application for a permit the Secretary 

25 has reason to believe that the applicant is not entitled to 


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1 such permit, the Secretary shall so notify the applicant 

2 and, upon request by the applicant, afford the applicant 

3 due notice and opportunity for hearing on the application. 

4 If the Secretary, after affording such notice and oppor5 tunity for hearing, still finds that the applicant is not enti6 tled to a permit hereunder, the Secretary shall by order 

7 deny the application stating the findings which are the 

8 basis for the order. 

9 ‘‘(c) FORM OF APPLICATION.— 

10 ‘‘(1) GENERALLY.—The Secretary shall— 

11 ‘‘(A) prescribe the manner and form of ap12 plications for permits under this title (including 

13 the facts to be set forth in the application); 

14 ‘‘(B) prescribe the form of such permits; 

15 and 

16 ‘‘(C) specify in any permit the authority 

17 conferred by the permit and the conditions of 

18 that permit in accordance with this title. 

19 ‘‘(2) SEPARATE TYPES OF APPLICATIONS AND

20 PERMITS.—To the extent deemed necessary by the 

21 Secretary for the efficient administration of this 

22 title, the Secretary may require separate applications 

23 and permits with respect to the various classes of 

24 marijuana, and with respect to the various classes of 

25 persons entitled to permits under this title. 


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1 ‘‘(3) DISCLAIMER.—The issuance of a permit 

2 under this title does not deprive the United States 

3 of any remedy for a violation of law. 

4 ‘‘(d) CONDITIONS.—A permit under this title shall be 

5 conditioned upon— 

6 ‘‘(1) compliance with all other Federal laws re7 lating to production, sale and consumption of mari8 juana, as well as compliance with all State laws re9 lating to said activities in the State in which the per10 mit applicant resides and does business; and 

11 ‘‘(2) payment to the Secretary of a reasonable 

12 permit fee in an amount determined by the Sec13 retary to be sufficient over time to offset the cost of 

14 implementing and overseeing all aspects of mari15 juana regulation by the Federal Government. 

16 ‘‘(e) REVOCATION, SUSPENSION, AND ANNUL17 MENT.— 

18 ‘‘(1) GENERALLY.—After due notice and oppor19 tunity for hearing, the Secretary may order a permit 

20 under this title— 

21 ‘‘(A) revoked or suspended for such period 

22 as the Secretary deems appropriate, if the Sec23 retary finds that the permittee has willfully vio24 lated any of the conditions of the permit, but 


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1 for a first violation of the conditions the permit 

2 shall be subject to suspension only; 

3 ‘‘(B) revoked if the Secretary finds that 

4 the permittee has not engaged in the operations 

5 authorized by the permit for a period of more 

6 than 2 years; or 

7 ‘‘(C) annulled if the Secretary finds that 

8 the permit was procured through fraud, or mis9 representation, or concealment of material fact. 

10 ‘‘(2) ORDER TO STATE BASIS FOR ORDER.— 

11 The order shall state the findings which are the 

12 basis for the order. 

13 ‘‘(f) SERVICE OF ORDERS.—Each order of the Sec14 retary with respect to any denial of application, suspen15 sion, revocation, annulment, or other proceedings, shall be 

16 served— 

17 ‘‘(1) in person by any officer or employee of the 

18 Secretary designated by him or any internal revenue 

19 or customs officer authorized by the Secretary for 

20 the purpose; or 

21 ‘‘(2) by mailing the order by registered mail, 

22 addressed to the applicant or respondent at his last 

23 known address in the records of the Secretary. 

24 ‘‘(g) DURATION.— 


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1 ‘‘(1) GENERAL RULE.—Except as otherwise 

2 provided in this subsection, a permit issued under 

3 this title shall continue in effect until suspended, re4 voked, or annulled as provided in this title, or volun5 tarily surrendered. 

6 ‘‘(2) EFFECT OF TRANSFER.—If operations 

7 under a permit issued under this title are trans8 ferred, the permit automatically terminates 30 days 

9 after the date of that transfer, unless an application 

10 is made by the transferee before the end of that pe11 riod for a permit under this title for those oper12 ations. If such an application is made, the out13 standing permit shall continue in effect until such 

14 application is finally acted on by the Secretary. 

15 ‘‘(3) DEFINITION OF TRANSFER.—For the pur16 poses of this section, the term ‘transfer’ means any 

17 change of ownership or control, whether voluntary or 

18 by operation of law. 

19 ‘‘(h) JUDICIAL REVIEW.—A permittee or applicant 

20 for a permit under this title may obtain judicial review 

21 under chapter 7 of title 5, United States Code, of the de22 nial of the application of that applicant or, in the case 

23 of a permittee, the denial of an application by the trans24 feree of that permittee. 

25 ‘‘(i) STATUTE OF LIMITATIONS.— 


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1 ‘‘(1) IN GENERAL.—No proceeding for the sus2 pension or revocation of a permit for violation of any 

3 condition thereof relating to compliance with Federal 

4 law shall be instituted by the Secretary more than 

5 18 months after conviction of the violation of Fed6 eral law, or, if no conviction has been had, more 

7 than 3 years after the violation occurred. 

8 ‘‘(2) COMPROMISE.—No permit shall be sus9 pended or revoked for a violation of any such condi10 tion thereof if the alleged violation of Federal law 

11 has been compromised by any officer of the Govern12 ment authorized to compromise such violation. 

13 ‘‘SEC. 303. DEFINITIONS. 

14 ‘‘In this title— 

15 ‘‘(1) the term ‘marijuana’ has the meaning 

16 given the term ‘marihuana’ in section 102 of the 

17 Controlled Substances Act (21 U.S.C. 802); and 

18 ‘‘(2) the term ‘State’ includes the District of 

19 Columbia, Puerto Rico, and any territory or posses20 sion of the United States.’’. 


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1 SEC. 212. ADDITION OF MARIJUANA TO CERTAIN LEGAL AU2 THORITIES RELATING TO INTOXICATING LIQ3 UORS. 

4 (a) WILSON ACT.—The Act of August 8, 1890 (com5 monly known as the Wilson Act or the Original Packages 

6 Act; 27 U.S.C. 121), is amended— 

7 (1) by inserting ‘‘, or marijuana,’’ after ‘‘intoxi8 cating liquors or liquids’’; and 

9 (2) by striking ‘‘such liquids or liquors’’ and in10 serting ‘‘such liquids, liquors, or marijuana’’. 

11 (b) WEBB-KENYON ACT.—The Act of March 1, 1913 

12 (commonly known as the Webb-Kenyon Act; 27 U.S.C. 

13 122), is amended— 

14 (1) by inserting ‘‘marijuana or any’’ after 

15 ‘‘whatsoever, of any’’; and 

16 (2) by inserting ‘‘marijuana or’’ after ‘‘which 

17 said’’. 

18 (c) VICTIMS OF TRAFFICKING AND VIOLENCE PRO19 TECTION ACT OF 2000.—Section 2 of the Victims of Traf20 ficking and Violence Protection Act of 2000 (27 U.S.C. 

21 122a) is amended— 

22 (1) in subsection (a)— 

23 (A) by redesignating paragraphs (3) and 

24 (4) as paragraphs (4) and (5), respectively; and 

25 (B) by inserting after paragraph (2) the 

26 following new paragraph: 


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1 ‘‘(3) the term ‘marijuana’ has the meaning 

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

3 Controlled Substances Act (21 U.S.C. 802);’’; and 

4 (2) in subsections (b) and (c), by inserting ‘‘or 

5 marijuana’’ after ‘‘intoxicating liquor’’ each place it 

6 appears. 

7 Subtitle C—Other Amendments Re8 lating to Federal Authority Re9 garding Marijuana 

10 SEC. 221. FOOD AND DRUG ADMINISTRATION. 

11 The Food and Drug Administration shall have the 

12 same authorities with respect to marijuana as the Admin13 istration has with respect to alcohol. 

14 SEC. 222. TRANSFERRING AGENCY FUNCTIONS WITH RE15 GARD TO MARIJUANA. 

16 (a) TRANSFER OF JURISDICTION FROM DRUG EN17 FORCEMENT ADMINISTRATION TO BUREAU OF ALCOHOL, 

18 TOBACCO, FIREARMS AND EXPLOSIVES.—The functions 

19 of the Attorney General, acting through the Administrator 

20 of the Drug Enforcement Administration relating to mari21 juana enforcement, shall hereafter be administered by the 

22 Attorney General, acting through the Director of the Bu23 reau of Alcohol, Tobacco, Firearms and Explosives. 

24 (b) REDESIGNATION OF BUREAU OF ALCOHOL, TO25 BACCO, FIREARMS AND EXPLOSIVES AS BUREAU OF ALVerDate Sep 11 2014 23:46 Apr 05, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1841.IH H1841

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1 COHOL, TOBACCO, MARIJUANA, FIREARMS AND EXPLO2 SIVES.— 

3 (1) REDESIGNATION.—The Bureau of Alcohol, 

4 Tobacco, Firearms and Explosives is hereby re5 named the ‘‘Bureau of Alcohol, Tobacco, Marijuana, 

6 Firearms and Explosives’’. 

7 (2) REFERENCES.—Any reference to the Bu8 reau of Alcohol, Tobacco, Firearms and Explosives 

9 in any law, regulation, map, document, record, or 

10 other paper of the United States shall be deemed to 

11 be a reference to the Bureau of Alcohol, Tobacco, 

12 Marijuana, Firearms and Explosives. 

13 (c) REDESIGNATION OF ALCOHOL AND TOBACCO

14 TAX AND TRADE BUREAU AS ALCOHOL, TOBACCO, AND

15 MARIJUANA TAX AND TRADE BUREAU.— 

16 (1) REDESIGNATION.—The Alcohol and To17 bacco Tax and Trade Bureau is hereby renamed the 

18 ‘‘Alcohol, Tobacco, and Marijuana Tax and Trade 

19 Bureau’’. 

20 (2) REFERENCES.—Any reference to the Alco21 hol and Tobacco Tax and Trade Bureau in any law, 

22 regulation, map, document, record, or other paper of 

23 the United States shall be deemed to be a reference 

24 to the Alcohol, Tobacco, and Marijuana Tax and 

25 Trade Bureau. 


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1 SEC. 223. UNFAIR ADVERTISING PRACTICES. 

2 (a) IN GENERAL.—It shall be unlawful for any per3 son engaged in the business of importing marijuana into 

4 the United States, or cultivating, producing, manufac5 turing, packaging, or warehousing marijuana, or pur6 chasing marijuana for resale at wholesale, directly or indi7 rectly or through an affiliate, to publish or disseminate 

8 or cause to be published or disseminated by radio broad9 cast, or in any newspaper, periodical or other publication 

10 or by any sign or outdoor advertisement or any other 

11 printed or graphic matter, any advertisement of mari12 juana, if such advertisement is in, or is calculated to in13 duce sales in, interstate or foreign commerce, or is dis14 seminated by mail, unless such advertisement is in con15 formity with such regulations, to be prescribed by the Sec16 retary of the Treasury, or the Secretary’s delegate (re17 ferred to in this section as the ‘‘Secretary’’), as will— 

18 (1) prevent deception of the consumer with re19 spect to the products advertised and as will prohibit, 

20 irrespective of falsity, such statements relating to 

21 manufacturing processes, analyses, guaranties, and 

22 scientific or irrelevant matters as the Secretary finds 

23 to be likely to mislead the consumer; 

24 (2) provide the consumer with adequate infor25 mation as to the identity and quality of the products 


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1 advertised, the characteristics thereof, and the per2 son responsible for the advertisement; 

3 (3) prohibit statements that are disparaging of 

4 a competitor’s products or are false, misleading, ob5 scene, or indecent; and 

6 (4) prevent statements inconsistent with any 

7 statement on the labeling of the products advertised. 

8 (b) NONAPPLICATION TO PUBLISHERS AND BROAD9 CASTERS.—The prohibitions of this section and regula10 tions thereunder shall not apply to the publisher of any 

11 newspaper, periodical, or other publication, or radio broad12 caster, unless such publisher or radio broadcaster is en13 gaged in the business of importing marijuana into the 

14 United States, or cultivating, producing, manufacturing, 

15 packaging, or warehousing marijuana, or purchasing 

16 marijuana for resale at wholesale, directly or indirectly or 

17 through an affiliate. 

18 SEC. 224. COMPTROLLER GENERAL REVIEW OF LAWS AND 

19 REGULATIONS. 

20 The Comptroller General shall conduct a review of 

21 Federal laws, regulations, and policies to determine if any 

22 changes in them are desirable in the light of the purposes 

23 and provisions of this Act. Not later than 2 years after 

24 the date of the enactment of this Act, the Comptroller 

25 General shall make to Congress and the relevant agencies 


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1 such recommendations relating to the results of that re2 view as the Comptroller General deems appropriate. 

Æ 


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