Ending Federal Marijuana Prohibition Act of 2017

To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. 1. Short title This Act may be cited as the Ending Federal Marijuana Prohibition Act of 2017 2. Application of the Controlled Substances Act to marihuana (a) In general Part A of the Controlled Substances Act ( 21 U.S.C. 801 103. 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 Sec. 103. Application of this Act to marihuana. . 3. Deregulation of 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) (1) by striking marihuana (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 (1) in paragraph (1)— (A) in subparagraph (F), by inserting or (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 (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) 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. 4. Conforming amendments to Controlled Substances Act The Controlled Substances Act ( 21 U.S.C. 801 (1) in section 102(44) ( 21 U.S.C. 802(44) 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 (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) 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) 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) , marihuana, (4) in section 403(d)(1) ( 21 U.S.C. 843(d)(1) , marihuana, (5) in section 418(a) ( 21 U.S.C. 859(a) (6) in section 419(a) ( 21 U.S.C. 860(a) (7) in section 422(d) ( 21 U.S.C. 863(d) (A) in the matter preceding paragraph (1), by striking marijuana, (B) in paragraph (5), by striking , such as a marihuana cigarette, (8) in section 516(d) ( 21 U.S.C. 886(d) section 401(b)(6) section 401(b)(5)

Summary: Ending Federal Marijuana Prohibition Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to with respect to marijuana. It removes marijuana and tetrahydrocannabinols from schedule I. (A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.) Additionally, it eliminates criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. The bill does, however, make it a crime to knowingly ship or transport marijuana into a state where its receipt, possession, or sale is prohibited. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both.