I 

117TH CONGRESS 

1ST SESSION H. R. 3105 

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

of marihuana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2021 

Mr. JOYCE of Ohio (for himself and Mr. YOUNG) introduced the following bill; 

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

addition to the Committees on the Judiciary, and Financial Services, 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 ‘‘Common Sense Can5 nabis Reform for Veterans, Small Businesses, and Medical 

6 Professionals Act’’. 


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1 SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES 

2 ACT TO MARIHUANA. 

3 (a) IN GENERAL.—Part A of the Controlled Sub4 stances Act (21 U.S.C. 801 et seq.) is amended by adding 

5 at the end the following: 

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, or 

14 district of the United States, or place noncontiguous to 

15 but subject to the jurisdiction thereof, or from any foreign 

16 country into any State, territory, or district of the United 

17 States, or place noncontiguous to but subject to the juris18 diction thereof, when such marihuana is intended, by any 

19 person interested therein, to be received, possessed, sold, 

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

21 otherwise, in violation of any law of such State, territory, 

22 or district of the United States, or place noncontiguous 

23 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, imprisoned not more than 1 year, or both.’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 the Comprehensive Drug Abuse Prevention and Control 

3 Act of 1970 (Public Law 91–513; 84 Stat. 1236) is 

4 amended by striking the item relating to section 103 and 

5 inserting the following: 

‘‘Sec. 103. Application of this Act to marihuana.’’. 

6 SEC. 3. DESCHEDULING MARIHUANA. 

7 (a) REMOVED FROM SCHEDULE OF CONTROLLED

8 SUBSTANCES.—Subsection (c) of Schedule I of section 

9 202(c) of the Controlled Substances Act (21 U.S.C. 

10 812(c)) is amended— 

11 (1) by striking ‘‘marihuana’’; and 

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

13 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX14 PORT.—Section 1010(b) of the Controlled Substances Im15 port and Export Act (21 U.S.C. 960) is amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (F), by inserting ‘‘or’’ 

18 after the semicolon; 

19 (B) by striking subparagraph (G); and 

20 (C) by redesignating subparagraph (H) as 

21 subparagraph (G); 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (F), by inserting ‘‘or’’ 

24 after the semicolon; 

25 (B) by striking subparagraph (G); and 


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1 (C) by redesignating subparagraph (H) as 

2 subparagraph (G); 

3 (3) in paragraph (3), by striking ‘‘paragraphs 

4 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 

5 (2)’’; 

6 (4) by striking paragraph (4); and 

7 (5) by redesignating paragraphs (5), (6), and 

8 (7) as paragraphs (4), (5), and (6), respectively. 

9 (c) CONFORMING AMENDMENTS TO CONTROLLED

10 SUBSTANCES ACT.—The Controlled Substances Act (21 

11 U.S.C. 801 et seq.) is amended— 

12 (1) in section 102(44) (21 U.S.C. 802(44)), by 

13 striking ‘‘marihuana,’’; 

14 (2) in section 401(b) (21 U.S.C. 841(b))— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (A)— 

17 (I) in clause (vi), by inserting 

18 ‘‘or’’ after the semicolon; 

19 (II) by striking (vii); and 

20 (III) by redesignating clause 

21 (viii) as clause (vii); 

22 (ii) in subparagraph (B)— 

23 (I) by striking clause (vii); and 

24 (II) by redesignating clause (viii) 

25 as clause (vii); 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘subparagraphs (A), (B), and (D)’’ and in3 serting ‘‘subparagraphs (A) and (B)’’; 

4 (iv) by striking subparagraph (D); 

5 (v) by redesignating subparagraph (E) 

6 as subparagraph (D); and 

7 (vi) in subparagraph (D)(i), as redes8 ignated, by striking ‘‘subparagraphs (C) 

9 and (D)’’ and inserting ‘‘subparagraph 

10 (C)’’; 

11 (B) by striking paragraph (4); and 

12 (C) by redesignating paragraphs (5), (6), 

13 and (7) as paragraphs (4), (5), and (6), respec14 tively; 

15 (3) in section 402(c)(2)(B) (21 U.S.C. 

16 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 

17 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 

18 by striking ‘‘, marihuana,’’; 

19 (5) in section 418(a) (21 U.S.C. 859(a)), by 

20 striking the last sentence; 

21 (6) in section 419(a) (21 U.S.C. 860(a)), by 

22 striking the last sentence; 

23 (7) in section 422(d) (21 U.S.C. 863(d))— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘marijuana,’’; and 


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1 (B) in paragraph (5), by striking ‘‘, such 

2 as a marihuana cigarette,’’; and 

3 (8) in section 516(d) (21 U.S.C. 886(d)), by 

4 striking ‘‘section 401(b)(6)’’ each place the term ap5 pears and inserting ‘‘section 401(b)(5)’’. 

6 SEC. 4. REGULATION AND LABELING OF MARIJUANA. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Food and Drug Admin9 istration and the Alcohol and Tobacco Tax and Trade Bu10 reau of the Department of the Treasury shall, jointly, 

11 issue rules to regulate marijuana. Such rules shall, to the 

12 extent practicable, be similar to Federal rules regulating 

13 alcohol. 

14 (b) EFFECTIVE DATE OF DESCHEDULING.—The 

15 amendments made by sections 2 and 3 of this Act shall 

16 take effect on the date that the final rules issued pursuant 

17 to subsection (a) take effect. 

18 SEC. 5. BANKING PROTECTIONS. 

19 (a) SAFE HARBOR.—A depository institution that 

20 provides a financial service to a person shall not violate 

21 any Federal or State law for providing such financial serv22 ice solely because such person is a cannabis-related legiti23 mate business or a service provider. 

24 (b) DEFINITIONS.—In this section: 


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1 (1) BUSINESS OF INSURANCE.—The term 

2 ‘‘business of insurance’’ has the meaning given such 

3 term in section 1002 of the Dodd-Frank Wall Street 

4 Reform and Consumer Protection Act (12 U.S.C. 

5 5481). 

6 (2) CANNABIS.—The term ‘‘cannabis’’ has the 

7 meaning given the term ‘‘marihuana’’ in section 102 

8 of the Controlled Substances Act (21 U.S.C. 802). 

9 (3) CANNABIS PRODUCT.—The term ‘‘cannabis 

10 product’’ means any article which contains cannabis, 

11 including an article which is a concentrate, an edi12 ble, a tincture, a cannabis-infused product, or a top13 ical. 

14 (4) CANNABIS-RELATED LEGITIMATE BUSI15 NESS.—The term ‘‘cannabis-related legitimate busi16 ness’’ means a manufacturer, producer, or any per17 son or company that— 

18 (A) engages in any activity described in 

19 subparagraph (B) pursuant to a law established 

20 by a State or a political subdivision of a State, 

21 as determined by such or political subdivision; 

22 and 

23 (B) participates in any business or orga24 nized activity that involves handling cannabis or 

25 cannabis products, including cultivating, proVerDate Sep 11 2014 23:48 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3105.IH H3105

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1 ducing, manufacturing, selling, transporting, 

2 displaying, dispensing, distributing, or pur3 chasing cannabis or cannabis products. 

4 (5) DEPOSITORY INSTITUTION.—The term ‘‘de5 pository institution’’ means— 

6 (A) a depository institution as defined in 

7 section 3(c) of the Federal Deposit Insurance 

8 Act (12 U.S.C. 1813(c)); 

9 (B) a Federal credit union as defined in 

10 section 101 of the Federal Credit Union Act 

11 (12 U.S.C. 1752); or 

12 (C) a credit union as defined in section 

13 101 of the Federal Credit Union Act (12 

14 U.S.C. 1752). 

15 (6) FINANCIAL SERVICE.—The term ‘‘financial 

16 service’’— 

17 (A) means a financial product or service, 

18 as defined in section 1002 of the Dodd-Frank 

19 Wall Street Reform and Consumer Protection 

20 Act (12 U.S.C. 5481), regardless if the cus21 tomer receiving the product or service is a con22 sumer or commercial entity; 

23 (B) means a financial product or service, 

24 or any combination of products and services, 

25 permitted to be provided by— 


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1 (i) a national bank or a financial sub2 sidiary pursuant to the authority provided 

3 under— 

4 (I) the provision designated 

5 ‘‘Seventh’’ of section 5136 of the Re6 vised Statutes of the United States 

7 (12 U.S.C. 24); or 

8 (II) section 5136A of the Revised 

9 Statutes of the United States (12 

10 U.S.C. 24a); and 

11 (ii) a Federal credit union, pursuant 

12 to the authority provided under the Fed13 eral Credit Union Act; 

14 (C) includes the business of insurance; 

15 (D) includes, whether performed directly or 

16 indirectly, the authorizing, processing, clearing, 

17 settling, billing, transferring for deposit, trans18 mitting, delivering, instructing to be delivered, 

19 reconciling, collecting, or otherwise effectuating 

20 or facilitating of payments or funds, where such 

21 payments or funds are made or transferred by 

22 any means, including by the use of credit cards, 

23 debit cards, other payment cards, or other ac24 cess devices, accounts, original or substitute 

25 checks, or electronic funds transfers; 


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1 (E) includes acting as a money transmit2 ting business which directly or indirectly makes 

3 use of a depository institution in connection 

4 with effectuating or facilitating a payment for 

5 a cannabis-related legitimate business or service 

6 provider in compliance with section 5330 of 

7 title 31, United States Code, and any applicable 

8 State law; and 

9 (F) includes acting as an armored car 

10 service for processing and depositing with a de11 pository institution or a Federal reserve bank 

12 with respect to any monetary instruments (as 

13 defined under section 1956(c)(5) of title 18, 

14 United States Code. 

15 (7) MANUFACTURER.—The term ‘‘manufac16 turer’’ means a person who manufactures, com17 pounds, converts, processes, prepares, or packages 

18 cannabis or cannabis products. 

19 (8) PRODUCER.—The term ‘‘producer’’ means a 

20 person who plants, cultivates, harvests, or in any 

21 way facilitates the natural growth of cannabis. 

22 (9) SERVICE PROVIDER.—The term ‘‘service 

23 provider’’— 

24 (A) means a business, organization, or 

25 other person that— 


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1 (i) sells goods or services to a can2 nabis-related legitimate business; or 

3 (ii) provides any business services, in4 cluding the sale or lease of real or any 

5 other property, legal or other licensed serv6 ices, or any other ancillary service, relating 

7 to cannabis; and 

8 (B) does not include a business, organiza9 tion, or other person that participates in any 

10 business or organized activity that involves han11 dling cannabis or cannabis products, including 

12 cultivating, producing, manufacturing, selling, 

13 transporting, displaying, dispensing, distrib14 uting, or purchasing cannabis or cannabis prod15 ucts. 

16 (10) STATE.—The term ‘‘State’’ means each of 

17 the several States, each Indian Tribe, the District of 

18 Columbia, the Commonwealth of Puerto Rico, and 

19 any territory or possession of the United States. 

20 SEC. 6. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 

21 MARIJUANA. 

22 (a) SAFE HARBOR.—Notwithstanding any provision 

23 of Federal law, it shall not be unlawful for— 

24 (1) a veteran to use, possess, or transport med25 ical marijuana in a State or on Indian land if the 


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1 use, possession, or transport is authorized and in ac2 cordance with the law of the applicable State or In3 dian Tribe; 

4 (2) a physician to discuss with a veteran the 

5 use of medical marijuana as a treatment if the phy6 sician is in a State or on Indian land where the law 

7 of the applicable State or Indian Tribe authorizes 

8 the use, possession, distribution, dispensation, ad9 ministration, delivery, and transport of medical 

10 marijuana; or 

11 (3) a physician to recommend, complete forms 

12 for, or register veterans for participation in a treat13 ment program involving medical marijuana that is 

14 approved by the law of the applicable State or In15 dian Tribe. 

16 (b) DEFINITIONS.—In this section: 

17 (1) INDIAN LAND.—The term ‘‘Indian land’’ 

18 means any of the Indian lands, as such term is de19 fined in section 824(b) of the Indian Health Care 

20 Improvement Act (25 U.S.C. 1680n). 

21 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given the term ‘‘Indian tribe’’ in 

23 section 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 5304). 


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1 (3) PHYSICIAN.—The term ‘‘physician’’ means 

2 a physician appointed by the Secretary of Veterans 

3 Affairs under section 7401(1) of title 38, United 

4 States Code. 

5 (4) STATE.—The term ‘‘State’’ has the mean6 ing given that term in section 102 of the Controlled 

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

8 (5) VETERAN.—The term ‘‘veteran’’ has the 

9 meaning given that term in section 101 of title 38, 

10 United States Code. 

11 SEC. 7. STUDIES ON USE OF MEDICAL MARIJUANA. 

12 (a) STUDY ON EFFECTS OF MEDICAL MARIJUANA ON

13 INDIVIDUALS IN PAIN OR WHO ARE IMPAIRED.— 

14 (1) IN GENERAL.—Not later than two years 

15 after the date of the enactment of this Act, the Di16 rector of the National Institutes of Health shall con17 duct or support a study on the effects of medical 

18 marijuana on individuals in pain or who are im19 paired. 

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

21 the date on which the study required under para22 graph (1) is completed, the Director shall submit to 

23 Congress a report on the study, which shall include 

24 such recommendations for legislative or administra25 tive action as the Director considers appropriate. 


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1 (b) STUDY ON USE OF STATE MEDICAL MARIJUANA

2 PROGRAMS.— 

3 (1) IN GENERAL.—Not later than two years 

4 after the date of the enactment of this Act, the Di5 rector of the National Institutes of Health shall con6 duct or support a study on the relationship between 

7 treatment programs involving medical marijuana 

8 that are approved by States, the access of individ9 uals to such programs, and a reduction in opioid 

10 abuse. 

11 (2) REPORT.—Not later than 180 days after 

12 the date on which the study required under para13 graph (1) is completed, the Director shall submit to 

14 Congress a report on the study, which shall include 

15 such recommendations for legislative or administra16 tive action as the Director considers appropriate. 

Æ 


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