I 

116TH CONGRESS 

1ST SESSION H. R. 2093 

To amend the Controlled Substances Act to provide for a new rule regarding 

the application of the Act to marihuana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2019 

Mr. BLUMENAUER (for himself, Mr. JOYCE of Ohio, Ms. LEE of California, 

Mr. GAETZ, Ms. DEGETTE, Mr. MCCLINTOCK, Mr. COHEN, Mr. GRAVES

of Georgia, Ms. NORTON, Mr. YOUNG, Mr. CORREA, Mr. BUCK, Mr. 

KHANNA, Mr. STEUBE, Mr. NEGUSE, Mr. ARMSTRONG, Mr. CRIST, Mr. 

RIGGLEMAN, Ms. TITUS, Mr. HUNTER, Mr. PERLMUTTER, Mr. RODNEY

DAVIS of Illinois, Ms. PINGREE, Mr. AMODEI, Mr. RYAN, and Mr. 

NEWHOUSE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy 

and Commerce, 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 marihuana, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening the 

3 Tenth Amendment Through Entrusting States Act’’ or 

4 the ‘‘STATES Act’’. 

5 SEC. 2. RULE REGARDING APPLICATION TO MARIHUANA. 

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

7 801 et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘RULE REGARDING APPLICATION TO MARIHUANA

10 ‘‘SEC. 710. (a) Notwithstanding any other provision 

11 of law, the provisions of this title as applied to marihuana, 

12 other than the provisions described in subsection (c) and 

13 other than as provided in subsection (d), shall not apply 

14 to any person acting in compliance with State law relating 

15 to the manufacture, production, possession, distribution, 

16 dispensation, administration, or delivery of marihuana. 

17 ‘‘(b) Notwithstanding any other provision of law, the 

18 provisions of this title related to marihuana, other than 

19 the provisions described in subsection (c) and other than 

20 as provided in subsection (d), shall not apply to any person 

21 acting in compliance with the law of a federally recognized 

22 Indian tribe within its jurisdiction in Indian country, as 

23 defined in section 1151 of title 18, United States Code, 

24 related to the manufacture, production, possession, dis25 tribution, dispensation, administration, or delivery of mar26 ihuana so long as such jurisdiction is located within a 


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1 state that permits, respectively, manufacture, production, 

2 possession, distribution, dispensation, administration, or 

3 delivery of marihuana. 

4 ‘‘(c) The provisions described in this subsection are— 

5 ‘‘(1) section 401(a)(1), with respect to a viola6 tion of section 409 or 418; 

7 ‘‘(2) section 409; 

8 ‘‘(3) section 417; and 

9 ‘‘(4) section 418. 

10 ‘‘(d) Subsection (a) shall not apply to any person 

11 who— 

12 ‘‘(1) violates the Controlled Substances Act 

13 with respect to any other controlled substance; 

14 ‘‘(2) notwithstanding compliance with State or 

15 tribal law, knowingly or intentionally manufactures, 

16 produces, possesses, distributes, dispenses, admin17 isters, or delivers any other marihuana in violation 

18 of the laws of the State or tribe in which such man19 ufacture, production, possession, distribution, dis20 pensation, administration, or delivery occurs; or 

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

22 years of age to manufacture, produce, distribute, 

23 dispense, administer, or deliver marihuana.’’. 


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1 SEC. 3. TRANSPORTATION SAFETY OFFENSES. 

2 Section 409 of the Controlled Substances Act (21 

3 U.S.C. 849) is amended— 

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

5 paragraph (1)— 

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

7 ‘‘Except as provided in subsection (d), a per8 son’’; and 

9 (B) by striking ‘‘subsection (b)’’ and in10 serting ‘‘subsection (c)’’; 

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

12 paragraph (1)— 

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

14 ‘‘Except as provided in subsection (d), a per15 son’’; and 

16 (B) by striking ‘‘subsection (a)’’ and in17 serting ‘‘subsection (b)’’; and 

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

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

20 apply to any person who possesses, or possesses with in21 tent to distribute marihuana in compliance with section 

22 710.’’. 

23 SEC. 4. DISTRIBUTION TO PERSONS UNDER AGE 21. 

24 Section 418 of the Controlled Substances Act (21 

25 U.S.C. 859) is amended— 


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

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

3 ‘‘section 419’’; 

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

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

6 ‘‘section 419’’; and 

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

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

9 person at least 18 years of age who distributes medicinal 

10 marihuana to a person under 21 years of age in compli11 ance with section 710.’’. 

12 SEC. 5. COMPTROLLER GENERAL STUDY ON EFFECTS OF 

13 MARIHUANA LEGALIZATION ON TRAFFIC 

14 SAFETY. 

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

16 United States shall conduct a study on the effects of mari17 huana legalization on traffic safety. 

18 (b) INCLUSIONS.—The study conducted under sub19 section (a) shall include a detailed assessment of— 

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

21 States that have legalized marihuana use, including 

22 whether States are able to accurately evaluate mari23 huana impairment in those incidents; 

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

25 paragraph (1) to address marihuana-impaired drivVerDate Sep 11 2014 19:39 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.IH H2093

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1 ing, including any challenges faced in addressing 

2 marihuana-impaired driving; 

3 (3) testing standards used by the States re4 ferred to in paragraph (1) to evaluate marihuana 

5 impairment in traffic crashes, fatalities, and injuries, 

6 including any scientific methods used to determine 

7 impairment and analyze data; and 

8 (4) Federal initiatives aiming to assist States 

9 that have legalized marihuana with traffic safety, in10 cluding recommendations for policies and programs 

11 to be carried out by the National Highway Traffic 

12 Safety Administration. 

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

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

15 United States shall submit to the appropriate committees 

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

17 under subsection (a). 

18 SEC. 6. RULE OF CONSTRUCTION. 

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

20 Act and the amendments made by this Act— 

21 (1) shall not be unlawful; 

22 (2) shall not constitute trafficking in a con23 trolled substance under section 401 of the Controlled 

24 Substances Act (21 U.S.C. 841) or any other provi25 sion of law; and 


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1 (3) shall not constitute the basis for forfeiture 

2 of property under section 511 of the Controlled Sub3 stances Act (21 U.S.C. 881) or section 981 of title 

4 18, United States Code. 

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

6 in compliance with this Act and the amendments made 

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

8 unlawful transaction under section 1956 or 1957 of title 

9 18, United States Code, or any other provision of law. 

Æ 


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