I 

113TH CONGRESS 

1ST SESSION H. R. 499 

To decriminalize marijuana at the Federal level, to leave to the States a 

power to regulate marijuana that is similar to the power they have 

to regulate alcohol, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2013 

Mr. POLIS (for himself, Mr. BLUMENAUER, Mr. COHEN, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. NADLER, Mr. HUFFMAN, Mr. HONDA, Mr. 

MORAN, and Ms. NORTON) 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 decriminalize marijuana at the Federal level, to leave 

to the States a power to regulate marijuana that is 

similar to the power they have to regulate alcohol, 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 ‘‘Ending Federal Mari5 juana Prohibition Act of 2013’’. 


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1 TITLE I—AMENDMENTS TO DE2 CRIMINALIZE MARIJUANA AT 

3 THE FEDERAL LEVEL 

4 SEC. 101. DECRIMINALIZATION OF MARIJUANA. 

5 (a) REMOVAL FROM SCHEDULE OF CONTROLLED

6 SUBSTANCES.—Notwithstanding any other provision of 

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

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

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

10 that removes marijuana in any form from all schedules 

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

12 (b) CONFORMING AMENDMENT TO REMOVE LEGIS13 LATIVE DEADWOOD.—Subsection (c) of section 202 of the 

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

15 to read as follows: 

16 ‘‘(c) CROSS REFERENCE TO SCHEDULES OF CON17 TROLLED SUBSTANCES.—Schedules I, II, III, IV, and V 

18 shall consist of the drugs and other substances (by what19 ever official name, common or usual name, chemical name, 

20 or brand name designated) that are set forth in the respec21 tive schedules in part 1308 of title 21, Code of Federal 

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

23 or in any successor regulation.’’. 


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1 SEC. 102. 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. 103. 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 TITLE II—FEDERAL MARIJUANA 

4 LICENSING AND RELATED 

5 MATTERS 

6 SEC. 201. FEDERAL MARIJUANA ADMINISTRATION. 

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

8 201 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘TITLE III—MARIJUANA 

11 ‘‘SEC. 301. UNLAWFUL BUSINESSES WITHOUT MARIJUANA 

12 PERMIT. 

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

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

15 Treasury (hereinafter in this title referred to as ‘the Sec16 retary’)— 

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

18 marijuana into the United States; or 

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

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

21 or foreign commerce, directly or indirectly or 

22 through an affiliate, marijuana so imported. 

23 ‘‘(b) MANUFACTURE AND SALE.—It shall be unlaw24 ful, except pursuant to a permit issued under this title 

25 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 $1000. 

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 ‘‘(C) specify in any permit the authority 

16 conferred by the permit and the conditions of 

17 that permit in accordance with this title. 

18 ‘‘(2) SEPARATE TYPES OF APPLICATIONS AND

19 PERMITS.—To the extent deemed necessary by the 

20 Secretary for the efficient administration of this 

21 title, the Secretary may require separate applications 

22 and permits with respect to the various classes of 

23 marijuana, and with respect to the various classes of 

24 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 two 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 chapter, United States Code, 

22 of the denial of the application of that applicant or, in 

23 the case of a permittee, the denial of an application by 

24 the transferee of that permittee. 


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1 ‘‘(i) STATUTE OF LIMITATIONS.—No proceeding for 

2 the suspension or revocation of a permit for violation of 

3 any condition thereof relating to compliance with Federal 

4 law shall be instituted by the Secretary more than 18 

5 months after conviction of the violation of Federal law, 

6 or, if no conviction has been had, more than 3 years after 

7 the violation occurred; and no permit shall be suspended 

8 or revoked for a violation of any such condition thereof 

9 if the alleged violation of Federal law has been com10 promised by any officer of the Government authorized to 

11 compromise such violation. 

12 ‘‘SEC. 303. DEFINITIONS. 

13 ‘‘In this title— 

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

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

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

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

18 Columbia, Puerto Rico, and any territory or posses19 sion of the United States.’’. 

20 SEC. 202. ADDITION OF MARIJUANA TO CERTAIN LEGAL AU21 THORITIES RELATING TO INTOXICATING LIQ22 UORS. 

23 (a) WILSON ACT.—The Act of August 8, 1890 (com24 monly known as the Wilson Act or the Original Packages 


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1 Act; 27 U.S.C. 121) is amended by inserting ‘‘or mari2 juana’’ after ‘‘intoxicating liquors or liquids’’. 

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

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

5 122) is amended by inserting ‘‘, or marijuana’’ after ‘‘in6 toxicating liquor’’ both places it appears. 

7 (c) VICTIMS OF TRAFFICKING AND VIOLENCE PRO8 TECTION ACT OF 2000.—Section 2 of the Victims of Traf9 ficking and Violence Protection Act of 2000 (27 U.S.C. 

10 122a) is amended— 

11 (1) in subsection (a)— 

12 (A) by redesignating paragraphs (3) and 

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

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

15 following new paragraph: 

16 ‘‘(3) The term ‘marijuana’ has the meaning 

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

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

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

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

21 appears. 

22 (d) FEDERAL ALCOHOL ADMINISTRATION ACT.— 

23 Section 3 of the Federal Alcohol Administration Act (27 

24 U.S.C. 203) is amended— 


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1 (1) by inserting ‘‘marijuana,’’ before ‘‘distilled 

2 spirits’’ each place it appears (except in subsection 

3 (b)(1)); and 

4 (2) in paragraph (b)(1) by inserting ‘‘manufac5 turing and distribution of marijuana,’’ after ‘‘the 

6 business of,’’. 

7 TITLE III—OTHER AMENDMENTS 

8 RELATING TO FEDERAL AU9 THORITY REGARDING MARI10 JUANA 

11 SEC. 301. FOOD AND DRUG ADMINISTRATION. 

12 The Food and Drug Administration shall have the 

13 same authorities with respect to marijuana as the Admin14 istration has with respect to alcohol. 

15 SEC. 302. TRANSFERRING AGENCY FUNCTIONS WITH RE16 GARD TO MARIJUANA. 

17 (a) TRANSFER OF JURISDICTION FROM DRUG EN18 FORCEMENT ADMINISTRATION TO BUREAU OF ALCOHOL, 

19 TOBACCO, FIREARMS AND EXPLOSIVES.—The functions 

20 of the Attorney General, acting through the Administrator 

21 of the Drug Enforcement Administration relating to mari22 juana enforcement, shall hereafter be administered by the 

23 Attorney General, acting through the Director of the Bu24 reau of Alcohol, Tobacco, Firearms and Explosives. 


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1 (b) REDESIGNATION OF BUREAU OF ALCOHOL, TO2 BACCO, FIREARMS AND EXPLOSIVES AS BUREAU OF AL3 COHOL, TOBACCO, MARIJUANA, FIREARMS AND EXPLO4 SIVES.— 

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

6 Tobacco, Firearms and Explosives is hereby re7 named the ‘‘Bureau of Alcohol, Tobacco, Marijuana, 

8 Firearms and Explosives’’. 

9 (2) REFERENCES.—Any reference to the Bu10 reau of Alcohol, Tobacco, Firearms and Explosives 

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

12 other paper of the United States shall be deemed to 

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

14 Marijuana, Firearms and Explosives. 

15 (c) REDESIGNATION OF ALCOHOL AND TOBACCO

16 TAX AND TRADE BUREAU AS ALCOHOL, TOBACCO, AND

17 MARIJUANA TAX AND TRADE BUREAU.— 

18 (1) REDESIGNATION.—The Alcohol and To19 bacco Tax and Trade Bureau is hereby renamed the 

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

21 Bureau’’. 

22 (2) REFERENCES.—Any reference to the Alco23 hol and Tobacco Tax and Trade Bureau in any law, 

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

25 the United States shall be deemed to be a reference 


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1 to the Alcohol, Tobacco, and Marijuana Tax and 

2 Trade Bureau. 

3 SEC. 303. COMPTROLLER GENERAL REVIEW OF LAWS AND 

4 REGULATIONS. 

5 The Comptroller General shall conduct a review of 

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

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

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

9 the date of the enactment of this Act the Comptroller Gen10 eral shall make to Congress and the relevant agencies such 

11 recommendations relating to the results of that review as 

12 the Comptroller General deems appropriate. 

13 SEC. 304. CONSTRUCTION. 

14 Neither this Act nor any amendment made by this 

15 Act shall be construed to affect Federal drug testing poli16 cies. 

Æ 


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