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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6673 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6673

   To amend the Controlled Substances Act to provide for a new rule 
   regarding the application of the Act to marijuana, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2023

  Mr. Joyce of Ohio (for himself, Mrs. Chavez-DeRemer, Mr. Mast, Mr. 
Blumenauer, and Mr. Carter of Louisiana) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
  addition to the Committees on the Judiciary, and Transportation and 
   Infrastructure, 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 amend the Controlled Substances Act to provide for a new rule 
   regarding the application of the Act to marijuana, 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 ``Strengthening the Tenth Amendment 
Through Entrusting States 2.0 Act'' or the ``STATES 2.0 Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) States have vastly different visions for the role of 
        legal cannabis in their cities and counties. Some wish to see a 
        complete prohibition, while others believe cannabis should be 
        treated like alcohol. States should be empowered to determine 
        their own destiny for the cannabis markets. They should be able 
        to enact time, place, and manner restrictions that help to aid 
        small and craft businesses, impose regulations for health and 
        safety, keep cannabis businesses away from schools, and 
        generally fit with the character and values of the community.
            (2) While States have the power to determine what happens 
        within their own borders, they cannot make laws permitting or 
        restricting interstate commerce unilaterally. In the absence of 
        Federal movement, the illicit interstate trade in cannabis has 
        persisted even in the face of significant State policy changes. 
        The Federal Government should be responsible for regulating and 
        tracking this interstate trade to ensure cannabis does not end 
        up where it does not belong.
            (3) Today's illicit marijuana market represents 75 percent 
        of the known marijuana market.
            (4) Excessive taxation in licensed markets has caused the 
        price of legal marijuana products to exceed that of illegal 
        products by two to three times, contributing to the growth of 
        the illicit market.
            (5) Because of Federal restrictions on marijuana 
        activities, marijuana is currently regulated by a punitive tax 
        structure that harms the ability of licensed operators to sell 
        marijuana products, discourages new business creation and 
        growth, and perpetuates illicit markets.
            (6) A Federal regulatory program for marijuana should 
        require a framework that supports critical components such as 
        proper administration and oversight, consumer safety 
        protections, and enforcement.
            (7) The cost of such a program should fall on users of the 
        program through the establishment of a Federal excise tax. Such 
        a Federal marijuana tax should--
                    (A) support a legal market, not illegal sales and 
                illicit activity;
                    (B) be low enough to not exacerbate the level of 
                taxation set by States, thereby avoiding the pyramid 
                effect of adding Federal taxes on top of high State 
                taxes;
                    (C) be administrable and allow for consistent and 
                timely collection by the Alcohol and Tobacco Tax and 
                Trade Bureau as primary regulator; and
                    (D) offset the costs of executing the 
                administrative functions of a Federal regulatory 
                framework for marijuana, including requirements for 
                testing, enforcement and policing, youth prevention, 
                and substance abuse prevention and education.
            (8) States that legalize cannabis utilize less public 
        safety resources on cannabis arrests. This has allowed more 
        police resources to be devoted to violent and property crime as 
        well as more serious types of illicit substances.

SEC. 3. SENSE OF CONGRESS REGARDING FDA SUPPORT FOR TRIBAL SELF-
              DETERMINATION AND SELF-GOVERNMENT WITH RESPECT TO 
              MARIJUANA REGULATION.

    It is the sense of Congress that, with respect to the regulation of 
the manufacture, production, possession, distribution, dispensation, 
administration, or delivery of marijuana, the Food and Drug 
Administration should support--
            (1) self-determination and self-government by Indian tribes 
        (as defined in section 102 of the Federally Recognized Indian 
        Tribe List Act of 1994 (25 U.S.C. 5130)); and
            (2) the treaty rights of such Indian tribes.

SEC. 4. RULE REGARDING APPLICATION TO MARIJUANA.

    Part G of the Controlled Substances Act (21 U.S.C. 801 et seq.) is 
amended by adding at the end the following:

               ``rule regarding application to marijuana

    ``Sec. 710.  (a) States.--Notwithstanding any other provision of 
law, the provisions of this Act as applied to marijuana, except the 
provisions described in subsection (d) and except as provided in 
subsection (e), shall not apply to any marijuana manufactured, 
produced, possessed, distributed, dispensed, administered, or delivered 
in compliance with State law relating to the manufacture, production, 
possession, distribution, dispensation, administration, or delivery of 
marijuana.
    ``(b) Indian Tribes.--Notwithstanding any other provision of law, 
the provisions of this Act related to marijuana, except the provisions 
described in subsection (d) and except as provided in subsection (e), 
shall not apply to marijuana manufactured, produced, possessed, 
distributed, dispensed, administered, or delivered in compliance with 
the law of a federally recognized Indian Tribe relating to the 
manufacture, production, possession, distribution, dispensation, 
administration, or delivery of marijuana within its jurisdiction in 
Indian country, as defined in section 1151 of title 18, United States 
Code, so long as such jurisdiction is located within a State that 
permits, as applicable, the manufacture, production, possession, 
distribution, dispensation, administration, or delivery of marijuana.
    ``(c) Interstate Transportation.--
            ``(1) State law.--
                    ``(A) In general.--No State or Indian Tribe may 
                prohibit the transportation or shipment of marijuana 
                through the State or the territory of the Indian Tribe, 
                as applicable, if the originating and destination 
                States or territories permit, as applicable, the 
                manufacture, production, possession, distribution, 
                dispensation, administration, or delivery of marijuana.
                    ``(B) Rule of construction.--Subparagraph (A) shall 
                not be construed to limit the authority of an 
                originating or destination State or territory to impose 
                reasonable restrictions within its jurisdiction on the 
                manufacture, production, possession, distribution 
                dispensation, administration, or delivery of 
                marijuana--
                            ``(i) through time, place, and manner 
                        restrictions; or
                            ``(ii) to protect public health and safety.
            ``(2) Federal law.--Notwithstanding any other provision of 
        law, the provisions of this title as applied to marijuana, 
        except the provisions described in subsection (d) and except as 
        provided in subsection (e), shall not apply to any person 
        engaged in marijuana transportation or shipment between two 
        States which States permit, as applicable, the manufacture, 
        production, possession, distribution, dispensation, 
        administration, or delivery of marijuana.
    ``(d) Provisions Described.--The provisions described in this 
subsection are--
            ``(1) section 401(a)(1), with respect to a violation of 
        section 409 or 418;
            ``(2) section 409;
            ``(3) section 417; and
            ``(4) section 418.
    ``(e) Exception.--Subsections (a) through (c) shall not apply to 
any person who--
            ``(1) violates this title with respect to any controlled 
        substance other than marijuana;
            ``(2) knowingly or intentionally manufactures, produces, 
        possesses, distributes, dispenses, administers, or delivers any 
        marijuana in violation of the laws of the State or Indian Tribe 
        in which such manufacture, production, possession, 
        distribution, dispensation, administration, or delivery occurs; 
        or
            ``(3) employs or hires any person under 18 years of age to 
        manufacture, produce, distribute, dispense, administer, or 
        deliver marijuana.
    ``(f) Removal From Schedule.--
            ``(1) In general.--For the purposes of this title, 
        marijuana manufactured, produced, possessed, distributed, 
        dispensed, administered, or delivered in compliance with State 
        law or the law of a federally recognized Indian Tribe relating 
        to the manufacture, production, possession, distribution, 
        dispensation, administration, or delivery of marijuana shall be 
        deemed to be a substance that does not meet the requirements 
        for inclusion in any schedule.
            ``(2) Rules.--Not later than 180 days after the date of the 
        enactment of this Act, the Attorney General shall finalize a 
        rule under section 201(a)(2) executing paragraph (1) of this 
        subsection.
    ``(g) Definition.--In this section, the term `Indian Tribe' has the 
meaning given to the term `Indian tribe' in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).''.

SEC. 5. TRANSPORTATION SAFETY OFFENSES.

    Section 409 of the Controlled Substances Act (21 U.S.C. 849) is 
amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``A person'' and inserting ``Except 
                as provided in subsection (d), a person''; and
                    (B) by striking ``subsection (b)'' and inserting 
                ``subsection (c)'';
            (2) in subsection (c), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``A person'' and inserting ``Except 
                as provided in subsection (d), a person''; and
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (b)''; and
            (3) by adding at the end the following:
    ``(d) Exception.--Subsections (b) and (c) shall not apply to any 
person who possesses, or possesses with intent to distribute marijuana 
in compliance with section 710.''.

SEC. 6. DISTRIBUTION TO PERSONS UNDER AGE 21.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``and subsection (c) of this section'' after ``section 419'';
            (2) in subsection (b), in the first sentence, by inserting 
        ``and subsection(c) of this section'' after ``section 419''; 
        and
            (3) by adding at the end the following:
    ``(c) Subsections (a) and (b) shall not apply to any person at 
least 18 years of age who distributes medicinal marijuana to a person 
under 21 years of age in compliance with section 710.''.

SEC. 7. REGULATION OF MARIJUANA PRODUCTS BY FOOD AND DRUG 
              ADMINISTRATION.

    (a) Definitions.--
            (1) Marijuana product defined.--In this section, the term 
        ``marijuana product'' means any product made or derived from 
        marijuana that is intended for human or animal consumption, 
        including any component of marijuana (except for raw materials 
        other than such marijuana used in manufacturing a component of 
        such product).
            (2) Other definitions.--In this section:
                    (A) The term ``biological product'' has the meaning 
                given to that term in section 351(i) of the Public 
                Health Service Act (42 U.S.C. 262(i)).
                    (B) The term ``marijuana'' has the meaning given to 
                that term in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802).
                    (C) The terms ``cosmetic'', ``device'', ``dietary 
                supplement'', ``drug'', ``food'', and ``tobacco 
                product'' have the meanings given to such terms in 
                section 201 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 321).
    (b) Drugs.--A marijuana product meeting the definition of a drug 
shall be treated as a drug for purposes of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.).
    (c) Food; Dietary Supplements.--The Secretary of Health and Human 
Services, acting through the Commissioner of Food and Drugs, shall have 
the same authorities under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) and other applicable law to regulate a marijuana 
product that is food or a dietary supplement as the Food and Drug 
Administration has with respect to food containing alcohol.
    (d) Cosmetics.--A marijuana product meeting the definition of a 
cosmetic shall be treated as a cosmetic for purposes of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
    (e) Other Products.--
            (1) In general.--A marijuana product that is not covered by 
        subsection (b), (c), or (d) may be lawfully marketed pursuant 
        to regulations issued under paragraph (2).
            (2) Regulation.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services, acting through the Commissioner of Food and Drugs, 
        shall promulgate a regulation with respect to marijuana 
        products described in paragraph (1).
            (3) Contents.--The regulation under paragraph (2) shall 
        include requirements for--
                    (A) contaminant testing;
                    (B) manufacturing practices; and
                    (C) marketing practices and postmarket reporting, 
                with special attention to preventing consumption by 
                youths.
            (4) No premarket approval required.--The regulation under 
        paragraph (2) shall not require premarket approval of marijuana 
        products described in paragraph (1).
    (f) No Marketing in Combination With Certain Other Products.--A 
marijuana product marketed in combination with a drug, a biological 
product, a device, a tobacco product, or an alcohol product is deemed 
to be adulterated for purposes of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.).

SEC. 8. COMPTROLLER GENERAL STUDY ON EFFECTS OF MARIJUANA LEGALIZATION 
              ON TRAFFIC SAFETY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the effects of marijuana legalization on traffic 
safety.
    (b) Inclusions.--The study conducted under subsection (a) shall 
include a detailed assessment of--
            (1) traffic crashes, fatalities, and injuries in States 
        that have legalized marijuana use, including whether States are 
        able to accurately evaluate marijuana impairment in those 
        incidents;
            (2) actions taken by the States referred to in paragraph 
        (1) to address marijuana-impaired driving, including any 
        challenges faced in addressing marijuana-impaired driving;
            (3) testing standards used by the States referred to in 
        paragraph (1) to evaluate marijuana impairment in traffic 
        crashes, fatalities, and injuries, including any scientific 
        methods used to determine impairment and analyze data; and
            (4) Federal initiatives aiming to assist States that have 
        legalized marijuana with traffic safety, including 
        recommendations for policies and programs to be carried out by 
        the National Highway Traffic Safety Administration.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the results of the 
study conducted under subsection (a).

SEC. 9. RULE OF CONSTRUCTION.

    (a) In General.--Conduct in compliance with this Act and the 
amendments made by this Act--
            (1) shall not be unlawful;
            (2) shall not constitute trafficking in a controlled 
        substance under section 401 of the Controlled Substances Act 
        (21 U.S.C. 841) or any other provision of law;
            (3) shall not constitute the basis for forfeiture of 
        property under section 511 of the Controlled Substances Act (21 
        U.S.C. 881) or section 981 of title 18, United States Code; and
            (4) shall not be subject to section 280E of the Internal 
        Revenue Code of 1986, relating to expenditures in connection 
        with the illegal sale of drugs.
    (b) Proceeds.--The proceeds from any transaction in compliance with 
this Act and the amendments made by this Act shall not be deemed to be 
the proceeds of an unlawful transaction under section 1956 or 1957 of 
title 18, United States Code, or any other provision of law.
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