I 

116TH CONGRESS 

1ST SESSION H. R. 3754 

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 

JULY 15, 2019 

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

on the Judiciary, and in addition to the Committee on Energy and Commerce, 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, 

3 SECTION 1. RULE REGARDING APPLICATION TO MARI4 HUANA. 

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

6 801 et seq.) is amended by adding at the end the fol7 lowing: 


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1 ‘‘RULE REGARDING APPLICATION TO MARIHUANA

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

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

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

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

6 to any person acting in compliance with State law relating 

7 to the manufacture, production, possession, distribution, 

8 dispensation, administration, or delivery of marihuana. 

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

10 provisions of this title related to marihuana, other than 

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

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

13 acting in compliance with the law of a federally recognized 

14 Indian tribe within its jurisdiction in Indian country, as 

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

16 related to the manufacture, production, possession, dis17 tribution, dispensation, administration, or delivery of mar18 ihuana so long as such jurisdiction is located within a 

19 State that permits, respectively, manufacture, production, 

20 possession, distribution, dispensation, administration, or 

21 delivery of marihuana. 

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

23 ‘‘(1) section 401(a)(1), with respect to a viola24 tion of section 409 or 418; 

25 ‘‘(2) section 409; 


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1 ‘‘(3) section 417; and 

2 ‘‘(4) section 418. 

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

4 who— 

5 ‘‘(1) violates the Controlled Substances Act 

6 with respect to any other controlled substance; 

7 ‘‘(2) notwithstanding compliance with State or 

8 tribal law, knowingly or intentionally manufactures, 

9 produces, possesses, distributes, dispenses, admin10 isters, or delivers any other marihuana in violation 

11 of the laws of the State or tribe in which such man12 ufacture, production, possession, distribution, dis13 pensation, administration, or delivery occurs; or 

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

15 years of age to manufacture, produce, distribute, 

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

17 SEC. 2. TRANSPORTATION SAFETY OFFENSES. 

18 Section 409 of the Controlled Substances Act (21 

19 U.S.C. 849) is amended— 

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

21 paragraph (1)— 

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

23 ‘‘Except as provided in subsection (d), a per24 son’’; and 


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1 (B) by striking ‘‘subsection (b)’’ and in2 serting ‘‘subsection (c)’’; 

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

4 paragraph (1)— 

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

6 ‘‘Except as provided in subsection (d), a per7 son’’; and 

8 (B) by striking ‘‘subsection (a)’’ and in9 serting ‘‘subsection (b)’’; and 

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

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

12 apply to any person who possesses, or possesses with in13 tent to distribute marihuana in compliance with section 

14 710.’’. 

15 SEC. 3. DISTRIBUTION TO PERSONS UNDER AGE 21. 

16 Section 418 of the Controlled Substances Act (21 

17 U.S.C. 859) is amended— 

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

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

20 ‘‘section 419’’; 

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

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

23 ‘‘section 419’’; and 

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


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

2 person at least 18 years of age who distributes medicinal 

3 marihuana to a person under 21 years of age in compli4 ance with section 710.’’. 

5 SEC. 4. RULE OF CONSTRUCTION. 

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

7 Act and the amendments made by this Act— 

8 (1) shall not be unlawful; 

9 (2) shall not constitute trafficking in a con10 trolled substance under section 401 of the Controlled 

11 Substances Act (21 U.S.C. 841) or any other provi12 sion of law; and 

13 (3) shall not constitute the basis for forfeiture 

14 of property under section 511 of the Controlled Sub15 stances Act (21 U.S.C. 881) or section 981 of title 

16 18, United States Code. 

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

18 in compliance with this Act and the amendments made 

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

20 unlawful transaction under section 1956 or 1957 of title 

21 18, United States Code, or any other provision of law. 

Æ 


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