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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3105 Introduced in House (IH)]

<DOC>

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Cannabis Reform for 
Veterans, Small Businesses, and Medical Professionals Act''.

SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.

    (a) In General.--Part A of the Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended by adding at the end the following:

``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.

    ``(a) Prohibition on Certain Shipping or Transportation.--This Act 
shall not apply to marihuana, except that it shall be unlawful only to 
ship or transport, in any manner or by any means whatsoever, marihuana, 
from one State, territory, or district of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof, into any 
other State, territory, or district of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof, or from any 
foreign country into any State, territory, or district of the United 
States, or place noncontiguous to but subject to the jurisdiction 
thereof, when such marihuana is intended, by any person interested 
therein, to be received, possessed, sold, or in any manner used, either 
in the original package or otherwise, in violation of any law of such 
State, territory, or district of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof.
    ``(b) Penalty.--Whoever knowingly violates subsection (a) shall be 
fined under title 18, United States Code, imprisoned not more than 1 
year, or both.''.
    (b) Table of Contents.--The table of contents for the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 
Stat. 1236) is amended by striking the item relating to section 103 and 
inserting the following:

``Sec. 103. Application of this Act to marihuana.''.

SEC. 3. DESCHEDULING MARIHUANA.

    (a) Removed From Schedule of Controlled Substances.--Subsection (c) 
of Schedule I of section 202(c) of the Controlled Substances Act (21 
U.S.C. 812(c)) is amended--
            (1) by striking ``marihuana''; and
            (2) by striking ``tetrahydrocannabinols''.
    (b) Removal of Prohibition on Import and Export.--Section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (F), by inserting ``or'' after 
                the semicolon;
                    (B) by striking subparagraph (G); and
                    (C) by redesignating subparagraph (H) as 
                subparagraph (G);
            (2) in paragraph (2)--
                    (A) in subparagraph (F), by inserting ``or'' after 
                the semicolon;
                    (B) by striking subparagraph (G); and
                    (C) by redesignating subparagraph (H) as 
                subparagraph (G);
            (3) in paragraph (3), by striking ``paragraphs (1), (2), 
        and (4)'' and inserting ``paragraphs (1) and (2)'';
            (4) by striking paragraph (4); and
            (5) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (4), (5), and (6), respectively.
    (c) Conforming Amendments to Controlled Substances Act.--The 
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102(44) (21 U.S.C. 802(44)), by striking 
        ``marihuana,'';
            (2) in section 401(b) (21 U.S.C. 841(b))--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (vi), by inserting 
                                ``or'' after the semicolon;
                                    (II) by striking (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (vii); and
                                    (II) by redesignating clause (viii) 
                                as clause (vii);
                            (iii) in subparagraph (C), by striking 
                        ``subparagraphs (A), (B), and (D)'' and 
                        inserting ``subparagraphs (A) and (B)'';
                            (iv) by striking subparagraph (D);
                            (v) by redesignating subparagraph (E) as 
                        subparagraph (D); and
                            (vi) in subparagraph (D)(i), as 
                        redesignated, by striking ``subparagraphs (C) 
                        and (D)'' and inserting ``subparagraph (C)'';
                    (B) by striking paragraph (4); and
                    (C) by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (4), (5), and (6), respectively;
            (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by 
        striking ``, marihuana,'';
            (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking 
        ``, marihuana,'';
            (5) in section 418(a) (21 U.S.C. 859(a)), by striking the 
        last sentence;
            (6) in section 419(a) (21 U.S.C. 860(a)), by striking the 
        last sentence;
            (7) in section 422(d) (21 U.S.C. 863(d))--
                    (A) in the matter preceding paragraph (1), by 
                striking ``marijuana,''; and
                    (B) in paragraph (5), by striking ``, such as a 
                marihuana cigarette,''; and
            (8) in section 516(d) (21 U.S.C. 886(d)), by striking 
        ``section 401(b)(6)'' each place the term appears and inserting 
        ``section 401(b)(5)''.

SEC. 4. REGULATION AND LABELING OF MARIJUANA.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Food and Drug Administration and the Alcohol and 
Tobacco Tax and Trade Bureau of the Department of the Treasury shall, 
jointly, issue rules to regulate marijuana. Such rules shall, to the 
extent practicable, be similar to Federal rules regulating alcohol.
    (b) Effective Date of Descheduling.--The amendments made by 
sections 2 and 3 of this Act shall take effect on the date that the 
final rules issued pursuant to subsection (a) take effect.

SEC. 5. BANKING PROTECTIONS.

    (a) Safe Harbor.--A depository institution that provides a 
financial service to a person shall not violate any Federal or State 
law for providing such financial service solely because such person is 
a cannabis-related legitimate business or a service provider.
    (b) Definitions.--In this section:
            (1) Business of insurance.--The term ``business of 
        insurance'' has the meaning given such term in section 1002 of 
        the Dodd-Frank Wall Street Reform and Consumer Protection Act 
        (12 U.S.C. 5481).
            (2) Cannabis.--The term ``cannabis'' has the meaning given 
        the term ``marihuana'' in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (3) Cannabis product.--The term ``cannabis product'' means 
        any article which contains cannabis, including an article which 
        is a concentrate, an edible, a tincture, a cannabis-infused 
        product, or a topical.
            (4) Cannabis-related legitimate business.--The term 
        ``cannabis-related legitimate business'' means a manufacturer, 
        producer, or any person or company that--
                    (A) engages in any activity described in 
                subparagraph (B) pursuant to a law established by a 
                State or a political subdivision of a State, as 
                determined by such or political subdivision; and
                    (B) participates in any business or organized 
                activity that involves handling cannabis or cannabis 
                products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing cannabis or 
                cannabis products.
            (5) Depository institution.--The term ``depository 
        institution'' means--
                    (A) a depository institution as defined in section 
                3(c) of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(c));
                    (B) a Federal credit union as defined in section 
                101 of the Federal Credit Union Act (12 U.S.C. 1752); 
                or
                    (C) a credit union as defined in section 101 of the 
                Federal Credit Union Act (12 U.S.C. 1752).
            (6) Financial service.--The term ``financial service''--
                    (A) means a financial product or service, as 
                defined in section 1002 of the Dodd-Frank Wall Street 
                Reform and Consumer Protection Act (12 U.S.C. 5481), 
                regardless if the customer receiving the product or 
                service is a consumer or commercial entity;
                    (B) means a financial product or service, or any 
                combination of products and services, permitted to be 
                provided by--
                            (i) a national bank or a financial 
                        subsidiary pursuant to the authority provided 
                        under--
                                    (I) the provision designated 
                                ``Seventh'' of section 5136 of the 
                                Revised Statutes of the United States 
                                (12 U.S.C. 24); or
                                    (II) section 5136A of the Revised 
                                Statutes of the United States (12 
                                U.S.C. 24a); and
                            (ii) a Federal credit union, pursuant to 
                        the authority provided under the Federal Credit 
                        Union Act;
                    (C) includes the business of insurance;
                    (D) includes, whether performed directly or 
                indirectly, the authorizing, processing, clearing, 
                settling, billing, transferring for deposit, 
                transmitting, delivering, instructing to be delivered, 
                reconciling, collecting, or otherwise effectuating or 
                facilitating of payments or funds, where such payments 
                or funds are made or transferred by any means, 
                including by the use of credit cards, debit cards, 
                other payment cards, or other access devices, accounts, 
                original or substitute checks, or electronic funds 
                transfers;
                    (E) includes acting as a money transmitting 
                business which directly or indirectly makes use of a 
                depository institution in connection with effectuating 
                or facilitating a payment for a cannabis-related 
                legitimate business or service provider in compliance 
                with section 5330 of title 31, United States Code, and 
                any applicable State law; and
                    (F) includes acting as an armored car service for 
                processing and depositing with a depository institution 
                or a Federal reserve bank with respect to any monetary 
                instruments (as defined under section 1956(c)(5) of 
                title 18, United States Code.
            (7) Manufacturer.--The term ``manufacturer'' means a person 
        who manufactures, compounds, converts, processes, prepares, or 
        packages cannabis or cannabis products.
            (8) Producer.--The term ``producer'' means a person who 
        plants, cultivates, harvests, or in any way facilitates the 
        natural growth of cannabis.
            (9) Service provider.--The term ``service provider''--
                    (A) means a business, organization, or other person 
                that--
                            (i) sells goods or services to a cannabis-
                        related legitimate business; or
                            (ii) provides any business services, 
                        including the sale or lease of real or any 
                        other property, legal or other licensed 
                        services, or any other ancillary service, 
                        relating to cannabis; and
                    (B) does not include a business, organization, or 
                other person that participates in any business or 
                organized activity that involves handling cannabis or 
                cannabis products, including cultivating, producing, 
                manufacturing, selling, transporting, displaying, 
                dispensing, distributing, or purchasing cannabis or 
                cannabis products.
            (10) State.--The term ``State'' means each of the several 
        States, each Indian Tribe, the District of Columbia, the 
        Commonwealth of Puerto Rico, and any territory or possession of 
        the United States.

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

    (a) Safe Harbor.--Notwithstanding any provision of Federal law, it 
shall not be unlawful for--
            (1) a veteran to use, possess, or transport medical 
        marijuana in a State or on Indian land if the use, possession, 
        or transport is authorized and in accordance with the law of 
        the applicable State or Indian Tribe;
            (2) a physician to discuss with a veteran the use of 
        medical marijuana as a treatment if the physician is in a State 
        or on Indian land where the law of the applicable State or 
        Indian Tribe authorizes the use, possession, distribution, 
        dispensation, administration, delivery, and transport of 
        medical marijuana; or
            (3) a physician to recommend, complete forms for, or 
        register veterans for participation in a treatment program 
        involving medical marijuana that is approved by the law of the 
        applicable State or Indian Tribe.
    (b) Definitions.--In this section:
            (1) Indian land.--The term ``Indian land'' means any of the 
        Indian lands, as such term is defined in section 824(b) of the 
        Indian Health Care Improvement Act (25 U.S.C. 1680n).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (3) Physician.--The term ``physician'' means a physician 
        appointed by the Secretary of Veterans Affairs under section 
        7401(1) of title 38, United States Code.
            (4) State.--The term ``State'' has the meaning given that 
        term in section 102 of the Controlled Substances Act (21 U.S.C. 
        802).
            (5) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101 of title 38, United States Code.

SEC. 7. STUDIES ON USE OF MEDICAL MARIJUANA.

    (a) Study on Effects of Medical Marijuana on Individuals in Pain or 
Who Are Impaired.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Director of the National 
        Institutes of Health shall conduct or support a study on the 
        effects of medical marijuana on individuals in pain or who are 
        impaired.
            (2) Report.--Not later than 180 days after the date on 
        which the study required under paragraph (1) is completed, the 
        Director shall submit to Congress a report on the study, which 
        shall include such recommendations for legislative or 
        administrative action as the Director considers appropriate.
    (b) Study on Use of State Medical Marijuana Programs.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Director of the National 
        Institutes of Health shall conduct or support a study on the 
        relationship between treatment programs involving medical 
        marijuana that are approved by States, the access of 
        individuals to such programs, and a reduction in opioid abuse.
            (2) Report.--Not later than 180 days after the date on 
        which the study required under paragraph (1) is completed, the 
        Director shall submit to Congress a report on the study, which 
        shall include such recommendations for legislative or 
        administrative action as the Director considers appropriate.
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