I 

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. 

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 ‘‘Strengthening the 

5 Tenth Amendment Through Entrusting States 2.0 Act’’ 

6 or the ‘‘STATES 2.0 Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) States have vastly different visions for the 

4 role of legal cannabis in their cities and counties. 

5 Some wish to see a complete prohibition, while oth6 ers believe cannabis should be treated like alcohol. 

7 States should be empowered to determine their own 

8 destiny for the cannabis markets. They should be 

9 able to enact time, place, and manner restrictions 

10 that help to aid small and craft businesses, impose 

11 regulations for health and safety, keep cannabis 

12 businesses away from schools, and generally fit with 

13 the character and values of the community. 

14 (2) While States have the power to determine 

15 what happens within their own borders, they cannot 

16 make laws permitting or restricting interstate com17 merce unilaterally. In the absence of Federal move18 ment, the illicit interstate trade in cannabis has per19 sisted even in the face of significant State policy 

20 changes. The Federal Government should be respon21 sible for regulating and tracking this interstate trade 

22 to ensure cannabis does not end up where it does 

23 not belong. 

24 (3) Today’s illicit marijuana market represents 

25 75 percent of the known marijuana market. 


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1 (4) Excessive taxation in licensed markets has 

2 caused the price of legal marijuana products to ex3 ceed that of illegal products by two to three times, 

4 contributing to the growth of the illicit market. 

5 (5) Because of Federal restrictions on mari6 juana activities, marijuana is currently regulated by 

7 a punitive tax structure that harms the ability of li8 censed operators to sell marijuana products, discour9 ages new business creation and growth, and perpet10 uates illicit markets. 

11 (6) A Federal regulatory program for mari12 juana should require a framework that supports crit13 ical components such as proper administration and 

14 oversight, consumer safety protections, and enforce15 ment. 

16 (7) The cost of such a program should fall on 

17 users of the program through the establishment of 

18 a Federal excise tax. Such a Federal marijuana tax 

19 should— 

20 (A) support a legal market, not illegal 

21 sales and illicit activity; 

22 (B) be low enough to not exacerbate the 

23 level of taxation set by States, thereby avoiding 

24 the pyramid effect of adding Federal taxes on 

25 top of high State taxes; 


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1 (C) be administrable and allow for con2 sistent and timely collection by the Alcohol and 

3 Tobacco Tax and Trade Bureau as primary 

4 regulator; and 

5 (D) offset the costs of executing the ad6 ministrative functions of a Federal regulatory 

7 framework for marijuana, including require8 ments for testing, enforcement and policing, 

9 youth prevention, and substance abuse preven10 tion and education. 

11 (8) States that legalize cannabis utilize less 

12 public safety resources on cannabis arrests. This has 

13 allowed more police resources to be devoted to vio14 lent and property crime as well as more serious 

15 types of illicit substances. 

16 SEC. 3. SENSE OF CONGRESS REGARDING FDA SUPPORT 

17 FOR TRIBAL SELF-DETERMINATION AND 

18 SELF-GOVERNMENT WITH RESPECT TO MARI19 JUANA REGULATION. 

20 It is the sense of Congress that, with respect to the 

21 regulation of the manufacture, production, possession, dis22 tribution, dispensation, administration, or delivery of 

23 marijuana, the Food and Drug Administration should sup24 port— 


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1 (1) self-determination and self-government by 

2 Indian tribes (as defined in section 102 of the Fed3 erally Recognized Indian Tribe List Act of 1994 (25 

4 U.S.C. 5130)); and 

5 (2) the treaty rights of such Indian tribes. 

6 SEC. 4. RULE REGARDING APPLICATION TO MARIJUANA. 

7 Part G of the Controlled Substances Act (21 U.S.C. 

8 801 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘RULE REGARDING APPLICATION TO MARIJUANA

11 ‘‘SEC. 710. (a) STATES.—Notwithstanding any other 

12 provision of law, the provisions of this Act as applied to 

13 marijuana, except the provisions described in subsection 

14 (d) and except as provided in subsection (e), shall not 

15 apply to any marijuana manufactured, produced, pos16 sessed, distributed, dispensed, administered, or delivered 

17 in compliance with State law relating to the manufacture, 

18 production, possession, distribution, dispensation, admin19 istration, or delivery of marijuana. 

20 ‘‘(b) INDIAN TRIBES.—Notwithstanding any other 

21 provision of law, the provisions of this Act related to mari22 juana, except the provisions described in subsection (d) 

23 and except as provided in subsection (e), shall not apply 

24 to marijuana manufactured, produced, possessed, distrib25 uted, dispensed, administered, or delivered in compliance 

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1 ing to the manufacture, production, possession, distribu2 tion, dispensation, administration, or delivery of mari3 juana within its jurisdiction in Indian country, as defined 

4 in section 1151 of title 18, United States Code, so long 

5 as such jurisdiction is located within a State that permits, 

6 as applicable, the manufacture, production, possession, 

7 distribution, dispensation, administration, or delivery of 

8 marijuana. 

9 ‘‘(c) INTERSTATE TRANSPORTATION.— 

10 ‘‘(1) STATE LAW.— 

11 ‘‘(A) IN GENERAL.—No State or Indian 

12 Tribe may prohibit the transportation or ship13 ment of marijuana through the State or the ter14 ritory of the Indian Tribe, as applicable, if the 

15 originating and destination States or territories 

16 permit, as applicable, the manufacture, produc17 tion, possession, distribution, dispensation, ad18 ministration, or delivery of marijuana. 

19 ‘‘(B) RULE OF CONSTRUCTION.—Subpara20 graph (A) shall not be construed to limit the 

21 authority of an originating or destination State 

22 or territory to impose reasonable restrictions 

23 within its jurisdiction on the manufacture, pro24 duction, possession, distribution dispensation, 

25 administration, or delivery of marijuana— 


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1 ‘‘(i) through time, place, and manner 

2 restrictions; or 

3 ‘‘(ii) to protect public health and safe4 ty. 

5 ‘‘(2) FEDERAL LAW.—Notwithstanding any 

6 other provision of law, the provisions of this title as 

7 applied to marijuana, except the provisions described 

8 in subsection (d) and except as provided in sub9 section (e), shall not apply to any person engaged in 

10 marijuana transportation or shipment between two 

11 States which States permit, as applicable, the manu12 facture, production, possession, distribution, dis13 pensation, administration, or delivery of marijuana. 

14 ‘‘(d) PROVISIONS DESCRIBED.—The provisions de15 scribed in this subsection are— 

16 ‘‘(1) section 401(a)(1), with respect to a viola17 tion of section 409 or 418; 

18 ‘‘(2) section 409; 

19 ‘‘(3) section 417; and 

20 ‘‘(4) section 418. 

21 ‘‘(e) EXCEPTION.—Subsections (a) through (c) shall 

22 not apply to any person who— 

23 ‘‘(1) violates this title with respect to any con24 trolled substance other than marijuana; 


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1 ‘‘(2) knowingly or intentionally manufactures, 

2 produces, possesses, distributes, dispenses, admin3 isters, or delivers any marijuana in violation of the 

4 laws of the State or Indian Tribe in which such 

5 manufacture, production, possession, distribution, 

6 dispensation, administration, or delivery occurs; or 

7 ‘‘(3) employs or hires any person under 18 

8 years of age to manufacture, produce, distribute, 

9 dispense, administer, or deliver marijuana. 

10 ‘‘(f) REMOVAL FROM SCHEDULE.— 

11 ‘‘(1) IN GENERAL.—For the purposes of this 

12 title, marijuana manufactured, produced, possessed, 

13 distributed, dispensed, administered, or delivered in 

14 compliance with State law or the law of a federally 

15 recognized Indian Tribe relating to the manufacture, 

16 production, possession, distribution, dispensation, 

17 administration, or delivery of marijuana shall be 

18 deemed to be a substance that does not meet the re19 quirements for inclusion in any schedule. 

20 ‘‘(2) RULES.—Not later than 180 days after 

21 the date of the enactment of this Act, the Attorney 

22 General shall finalize a rule under section 201(a)(2) 

23 executing paragraph (1) of this subsection. 

24 ‘‘(g) DEFINITION.—In this section, the term ‘Indian 

25 Tribe’ has the meaning given to the term ‘Indian tribe’ 


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1 in section 102 of the Federally Recognized Indian Tribe 

2 List Act of 1994 (25 U.S.C. 5130).’’. 

3 SEC. 5. TRANSPORTATION SAFETY OFFENSES. 

4 Section 409 of the Controlled Substances Act (21 

5 U.S.C. 849) is amended— 

6 (1) in subsection (b), in the matter preceding 

7 paragraph (1)— 

8 (A) by striking ‘‘A person’’ and inserting 

9 ‘‘Except as provided in subsection (d), a per10 son’’; and 

11 (B) by striking ‘‘subsection (b)’’ and in12 serting ‘‘subsection (c)’’; 

13 (2) in subsection (c), in the matter preceding 

14 paragraph (1)— 

15 (A) by striking ‘‘A person’’ and inserting 

16 ‘‘Except as provided in subsection (d), a per17 son’’; and 

18 (B) by striking ‘‘subsection (a)’’ and in19 serting ‘‘subsection (b)’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(d) EXCEPTION.—Subsections (b) and (c) shall not 

22 apply to any person who possesses, or possesses with in23 tent to distribute marijuana in compliance with section 

24 710.’’. 


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1 SEC. 6. DISTRIBUTION TO PERSONS UNDER AGE 21. 

2 Section 418 of the Controlled Substances Act (21 

3 U.S.C. 859) is amended— 

4 (1) in subsection (a), in the first sentence, by 

5 inserting ‘‘and subsection (c) of this section’’ after 

6 ‘‘section 419’’; 

7 (2) in subsection (b), in the first sentence, by 

8 inserting ‘‘and subsection(c) of this section’’ after 

9 ‘‘section 419’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(c) Subsections (a) and (b) shall not apply to any 

12 person at least 18 years of age who distributes medicinal 

13 marijuana to a person under 21 years of age in compliance 

14 with section 710.’’. 

15 SEC. 7. REGULATION OF MARIJUANA PRODUCTS BY FOOD 

16 AND DRUG ADMINISTRATION. 

17 (a) DEFINITIONS.— 

18 (1) MARIJUANA PRODUCT DEFINED.—In this 

19 section, the term ‘‘marijuana product’’ means any 

20 product made or derived from marijuana that is in21 tended for human or animal consumption, including 

22 any component of marijuana (except for raw mate23 rials other than such marijuana used in manufac24 turing a component of such product). 

25 (2) OTHER DEFINITIONS.—In this section: 


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1 (A) The term ‘‘biological product’’ has the 

2 meaning given to that term in section 351(i) of 

3 the Public Health Service Act (42 U.S.C. 

4 262(i)). 

5 (B) The term ‘‘marijuana’’ has the mean6 ing given to that term in section 102 of the 

7 Controlled Substances Act (21 U.S.C. 802). 

8 (C) The terms ‘‘cosmetic’’, ‘‘device’’, ‘‘die9 tary supplement’’, ‘‘drug’’, ‘‘food’’, and ‘‘to10 bacco product’’ have the meanings given to such 

11 terms in section 201 of the Federal Food, 

12 Drug, and Cosmetic Act (21 U.S.C. 321). 

13 (b) DRUGS.—A marijuana product meeting the defi14 nition of a drug shall be treated as a drug for purposes 

15 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

16 301 et seq.). 

17 (c) FOOD; DIETARY SUPPLEMENTS.—The Secretary 

18 of Health and Human Services, acting through the Com19 missioner of Food and Drugs, shall have the same authori20 ties under the Federal Food, Drug, and Cosmetic Act (21 

21 U.S.C. 301 et seq.) and other applicable law to regulate 

22 a marijuana product that is food or a dietary supplement 

23 as the Food and Drug Administration has with respect 

24 to food containing alcohol. 


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1 (d) COSMETICS.—A marijuana product meeting the 

2 definition of a cosmetic shall be treated as a cosmetic for 

3 purposes of the Federal Food, Drug, and Cosmetic Act 

4 (21 U.S.C. 301 et seq.). 

5 (e) OTHER PRODUCTS.— 

6 (1) IN GENERAL.—A marijuana product that is 

7 not covered by subsection (b), (c), or (d) may be 

8 lawfully marketed pursuant to regulations issued 

9 under paragraph (2). 

10 (2) REGULATION.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary of Health and Human Services, acting 

13 through the Commissioner of Food and Drugs, shall 

14 promulgate a regulation with respect to marijuana 

15 products described in paragraph (1). 

16 (3) CONTENTS.—The regulation under para17 graph (2) shall include requirements for— 

18 (A) contaminant testing; 

19 (B) manufacturing practices; and 

20 (C) marketing practices and postmarket 

21 reporting, with special attention to preventing 

22 consumption by youths. 

23 (4) NO PREMARKET APPROVAL REQUIRED.— 

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1 quire premarket approval of marijuana products de2 scribed in paragraph (1). 

3 (f) NO MARKETING IN COMBINATION WITH CERTAIN

4 OTHER PRODUCTS.—A marijuana product marketed in 

5 combination with a drug, a biological product, a device, 

6 a tobacco product, or an alcohol product is deemed to be 

7 adulterated for purposes of the Federal Food, Drug, and 

8 Cosmetic Act (21 U.S.C. 301 et seq.). 

9 SEC. 8. COMPTROLLER GENERAL STUDY ON EFFECTS OF 

10 MARIJUANA LEGALIZATION ON TRAFFIC 

11 SAFETY. 

12 (a) IN GENERAL.—The Comptroller General of the 

13 United States shall conduct a study on the effects of mari14 juana legalization on traffic safety. 

15 (b) INCLUSIONS.—The study conducted under sub16 section (a) shall include a detailed assessment of— 

17 (1) traffic crashes, fatalities, and injuries in 

18 States that have legalized marijuana use, including 

19 whether States are able to accurately evaluate mari20 juana impairment in those incidents; 

21 (2) actions taken by the States referred to in 

22 paragraph (1) to address marijuana-impaired driv23 ing, including any challenges faced in addressing 

24 marijuana-impaired driving; 


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1 (3) testing standards used by the States re2 ferred to in paragraph (1) to evaluate marijuana im3 pairment in traffic crashes, fatalities, and injuries, 

4 including any scientific methods used to determine 

5 impairment and analyze data; and 

6 (4) Federal initiatives aiming to assist States 

7 that have legalized marijuana with traffic safety, in8 cluding recommendations for policies and programs 

9 to be carried out by the National Highway Traffic 

10 Safety Administration. 

11 (c) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, the Comptroller General of the 

13 United States shall submit to the appropriate committees 

14 of Congress a report on the results of the study conducted 

15 under subsection (a). 

16 SEC. 9. RULE OF CONSTRUCTION. 

17 (a) IN GENERAL.—Conduct in compliance with this 

18 Act and the amendments made by this Act— 

19 (1) shall not be unlawful; 

20 (2) shall not constitute trafficking in a con21 trolled substance under section 401 of the Controlled 

22 Substances Act (21 U.S.C. 841) or any other provi23 sion of law; 

24 (3) shall not constitute the basis for forfeiture 

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1 stances Act (21 U.S.C. 881) or section 981 of title 

2 18, United States Code; and 

3 (4) shall not be subject to section 280E of the 

4 Internal Revenue Code of 1986, relating to expendi5 tures in connection with the illegal sale of drugs. 

6 (b) PROCEEDS.—The proceeds from any transaction 

7 in compliance with this Act and the amendments made 

8 by this Act shall not be deemed to be the proceeds of an 

9 unlawful transaction under section 1956 or 1957 of title 

10 18, United States Code, or any other provision of law. 

Æ 


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