SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES 
ACT TO MARIHUANA IN CERTAIN STATES. 
(a) IN GENERAL.—Part E of the Controlled Sub-
stances Act (21 U.S.C. 871 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN 
STATES. 
‘‘(a) IN GENERAL.—For the period described in sub-
section (c), this title shall not apply with respect to the 
production, manufacture, distribution, prescribing, dis-
pensing, possession, and use of marihuana in a State if 
each of the following conditions is met: 
‘‘(1) The State submits a request to the Attor-
ney General certifying that the State has legalized 
marihuana for recreational or medical use. 
‘‘(2) The request demonstrates, as determined 
by the Attorney General, that the State has, or will 
have, in effect a statewide regulatory regime for 
marihuana that is sufficient to protect Federal inter-
ests, including each of the following: 
‘‘(A) Preventing the distribution of mari-
huana to minors. 
‘‘(B) Preventing revenue from the sale of 
marihuana from going to criminal enterprises, 
gangs, and cartels. 
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‘‘(C) Preventing the diversion of mari-
huana from States where the manufacture, dis-
tribution, dispensing, and possession of mari-
huana is legal to other States. 
‘‘(D) Preventing State-authorized mari-
huana activity from being used as a cover or 
pretext for the trafficking of other illegal drugs 
or other illegal activity. 
‘‘(E) Preventing violence and the use of 
firearms in the cultivation and distribution of 
marihuana. 
‘‘(F) Preventing drugged driving and the 
exacerbation of other adverse public health con-
sequences associated with marihuana use. 
‘‘(G) Preventing the growing of marihuana 
on public lands and the attendant public safety 
and environmental dangers posed by marihuana 
production on public lands. 
‘‘(H) Preventing marihuana possession or 
use on Federal property. 
‘‘(I) Preventing distribution of tainted 
marihuana. 
‘‘(3) The State agrees to study and report an-
nually to the Attorney General regarding outcomes 
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of legalizing marihuana in the State on the fol-
lowing: 
‘‘(A) Youth marihuana use. 
‘‘(B) Rates of driving while intoxicated. 
‘‘(C) Diversion to other States. 
‘‘(D) Prevalence of drug-related organized 
crime activity. 
‘‘(b) FINDING BY ATTORNEY GENERAL.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after receipt of a request under subsection (a), the 
Attorney General shall— 
‘‘(A) issue a finding on whether the condi-
tions listed in subsection (a) are met; and 
‘‘(B) if the Attorney General finds that 
such conditions are not met, include an expla-
nation of the reasons why such conditions are 
not met. 
‘‘(2) FAILURE TO ISSUE A FINDING.—If the At-
torney General fails to issue such a finding by the 
deadline specified in paragraph (1), the Attorney 
General is deemed to have found that the conditions 
listed in subsection (a) for the State involved are 
met, subject to the Attorney General’s authority to 
revoke such a finding under subsection (e). 
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‘‘(c) DURATION OF PERIOD.—The period described 
in this subsection is, with respect to a State, the period 
of 3 years beginning on the effective date of the Attorney 
General’s finding that the conditions listed in subsection 
(a) are met. A State may submit requests under sub-
section (a)(1) for subsequent, consecutive 3-year periods. 
‘‘(d) EFFECTIVE DATE.—The effective date of a find-
ing under subsection (b)(1) that the conditions listed in 
subsection (a) are met with respect to a State shall be 
not sooner than the effective date of the State’s regulatory 
regime required by subsection (a)(2). 
‘‘(e) LOSS OF WAIVER.— 
‘‘(1) IN
GENERAL.—The Attorney General 
may— 
‘‘(A) continually review the production, 
manufacture, 
distribution, 
prescribing, 
dis-
pensing, possession, and use of marihuana in a 
State with respect to which the Attorney Gen-
eral finds the conditions listed in subsection (a) 
are met; and 
‘‘(B) after providing notice and an oppor-
tunity to correct any failure to meet such condi-
tions in accordance with paragraph (2), revoke 
such finding if the Attorney General finds that 
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the conditions listed in subsection (a) are no 
longer met. 
‘‘(2) NOTICE; OPPORTUNITY TO CORRECT.—If 
the Attorney General finds that the conditions listed 
in subsection (a) are no longer met, the Attorney 
General shall give the State involved— 
‘‘(A) notice of such finding; and 
‘‘(B) a period of not less than 180 days to 
correct any failure to meet the conditions listed 
in subsection (a). 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the Federal Government 
from providing assistance to a State (under Federal law 
other than this title) in the implementation or enforcement 
of State law relating to the production, manufacture, dis-
tribution, prescribing, dispensing, possession, or use of 
marihuana. 
‘‘(g) DEFINITION.—In this section, the term ‘tainted’ 
means containing microbes, pesticides, or controlled sub-
stances other than marihuana.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970 (Public Law 91–513) is 
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amended by inserting at the end of the items relating to 
part E of title II the following new item: 
‘‘Sec. 521. Inapplicability to marihuana in certain States.’’. 
Æ 
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