I 

112TH CONGRESS 

1ST SESSION H. R. 2306 

To limit the application of Federal laws to the distribution and consumption 

of marihuana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2011 

Mr. FRANK of Massachusetts (for himself, Mr. PAUL, Mr. CONYERS, Ms. LEE

of California, Mr. POLIS, and Mr. COHEN) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on the Judiciary, 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 limit the application of Federal laws to the distribution 

and consumption of 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Federal Mari5 juana Prohibition Act of 2011’’. 


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1 SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES 

2 ACT TO MARIHUANA. 

3 Part A of the Controlled Substances Act (21 U.S.C. 

4 801 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA. 

7 ‘‘(a) PROHIBITION ON CERTAIN SHIPPING OR

8 TRANSPORTATION.—This Act shall not apply to mari9 huana, except that it shall be unlawful only to ship or 

10 transport, in any manner or by any means whatsoever, 

11 marihuana, from one State, Territory, or District of the 

12 United States, or place noncontiguous to but subject to 

13 the jurisdiction thereof, into any other State, Territory, 

14 or District of the United States, or place noncontiguous 

15 to but subject to the jurisdiction thereof, or from any for16 eign country into any State, Territory, or District of the 

17 United States, or place noncontiguous to but subject to 

18 the jurisdiction thereof, when such marihuana is intended, 

19 by any person interested therein, to be received, possessed, 

20 sold, or in any manner used, either in the original package 

21 or otherwise, in violation of any law of such State, Terri22 tory, or District of the United States, or place noncontig23 uous to but subject to the jurisdiction thereof. 

24 ‘‘(b) PENALTY.—Whoever knowingly violates sub25 section (a) shall be fined under title 18, United States 

26 Code, or imprisoned not more than one year, or both.’’. 


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1 SEC. 3. DEREGULATION OF MARIHUANA. 

2 (a) REMOVED FROM SCHEDULE OF CONTROLLED

3 SUBSTANCES.—Schedule I(c) of section 202(c) of the Con4 trolled Substances Act (21 U.S.C. 812(c)) is amended— 

5 (1) by striking ‘‘marihuana’’; and 

6 (2) by striking ‘‘tetrahydrocannabinols’’. 

7 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX8 PORT.—Section 1010 of the Controlled Substances Import 

9 and Export Act (21 U.S.C. 960) is amended— 

10 (1) by striking subparagraph (G) of subsection 

11 (b)(1); 

12 (2) by striking subparagraph (G) of subsection 

13 (b)(2); and 

14 (3) by striking paragraph (4) of subsection (b). 

15 SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUB16 STANCES ACT. 

17 (a) Section 102(44) of the Controlled Substances Act 

18 (21 U.S.C. 802(44)) is amended by striking ‘‘marihuana’’. 

19 (b) Part D of the Controlled Substances Act (21 

20 U.S.C. 841 et seq.) is amended as follows: 

21 (1) In section 401— 

22 (A) by striking subsection (b)(1)(A)(vii); 

23 (B) by striking subsection (b)(1)(B)(vii); 

24 (C) by striking subsection (b)(1)(D); and 

25 (D) by striking subsection (b)(4). 


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1 (2) In section 402(c)(2)(B), by striking ‘‘mari2 huana’’. 

3 (3) In section 403(d)(1), by striking ‘‘mari4 huana’’. 

5 (4) In section 418(a), by striking the last sen6 tence. 

7 (5) In section 419(a), by striking the last sen8 tence. 

9 (6) In section 422(d), in the matter preceding 

10 paragraph (1), by striking ‘‘marijuana’’. 

11 (7) In section 422(d)(5), by striking ‘‘, such as 

12 a marihuana cigarette,’’. 

13 SEC. 5. CONSTRUCTION. 

14 No provision of this Act shall be construed to affect 

15 Federal drug testing policies, and each Federal agency 

16 shall conduct a review of its drug testing policies not later 

17 than 30 days after the date of enactment of this Act to 

18 ensure that the language of any such policy is in accord19 ance with this section. 

Æ 


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