I 
118TH CONGRESS 
1ST SESSION H. R. 6028 
To amend the Controlled Substances Act regarding marihuana, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 24, 2023 
Ms. MACE (for herself, Mr. MCCLINTOCK, Mr. PHILLIPS, Mr. TRONE, and Mr. 
GAETZ) introduced the following bill 
OCTOBER 25, 2023 
Referred to the Committee on Energy and Commerce, and in addition to the 
Committees on the Judiciary, Natural Resources, Agriculture, Transpor-
tation and Infrastructure, Armed Services, Ways and Means, Small Busi-
ness, Veterans’ Affairs, Oversight and Accountability, Education and the 
Workforce, and Foreign Affairs, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act regarding 
marihuana, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘States Reform Act of 2023’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—DECRIMINALIZATION OF MARIJUANA AND DEFERENCE 
TO STATE POWERS OF PROHIBITION 
Sec. 101. Federal decriminalization of cannabis, and State control deference. 
Sec. 102. Second Chances for Nonviolent Cannabis Offenders. 
Sec. 103. GCA provisions. 
TITLE II—REGULATION OF MARIJUANA LIKE ALCOHOL 
Sec. 201. Food and Drug Administration. 
Sec. 202. Department of Agriculture regulation of raw cannabis. 
Sec. 203. Addition of raw cannabis to certain authorities relating to agricul-
tural production. 
Sec. 204. Administration like alcohol under Tax and Trade Bureau. 
Sec. 205. Transferring agency functions with regard to marijuana. 
Sec. 206. Transition safe harbor and administrative remedies. 
Sec. 207. Unfair advertising practices and 21 age limit. 
Sec. 208. Federal cannabis administration under the Federal Alcohol Adminis-
tration Act. 
TITLE III—DESIGNATED STATE MEDICAL CANNABIS PRODUCT 
SAFETY ACT 
Sec. 301. Grandfathering of State medical cannabis products into interstate 
commerce. 
TITLE IV—SMALL BUSINESS ADMINISTRATION PROVISIONS 
Sec. 401. Fair Small Business Administration access. 
Sec. 402. Disaster loan nondiscrimination. 
Sec. 403. Microloan nondiscrimination. 
Sec. 404. Small business investment company debenture nondiscrimination. 
Sec. 405. State or local development loan non-discrimination. 
Sec. 406. Rulemaking and disbursement. 
Sec. 407. Administrative Procedure Act and mandamus remedies. 
TITLE V—IMPOSITION OF CANNABIS EXCISE TAX 
Sec. 501. Law enforcement retraining and successful second chances fund. 
Sec. 502. Cannabis Revenue and Regulation Act. 
Sec. 503. Reports and conforming amendments. 
TITLE VI—VETERANS’ CARE AND ACCESS 
Sec. 601. Nondiscrimination in Federal hiring for veteran medical cannabis 
users. 
Sec. 602. Authorized provision of information on State-approved marijuana 
programs to veterans. 
TITLE VII—MISCELLANEOUS UPDATES AND TECHNICAL 
AMENDMENTS 
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Sec. 701. United States international cannabis commerce policy. 
Sec. 702. Continued Federal employee drug testing. 
Sec. 703. Demographic data on new industry of cannabis business owners and 
employees. 
Sec. 704. Conforming amendment to create uniformity of references in existing 
law to cannabis, marijuana, or marihuana. 
Sec. 705. Security clearances. 
Sec. 706. Effective upon enactment. 
TITLE 
I—DECRIMINALIZATION 
OF 
MARIJUANA 
AND 
DEF-
ERENCE TO STATE POWERS 
OF PROHIBITION 
SEC. 101. FEDERAL DECRIMINALIZATION OF CANNABIS, 
AND STATE CONTROL DEFERENCE. 
(a) PREEMPTION
OF CANNABIS REMOVED FROM 
SCHEDULE OF CONTROLLED SUBSTANCES.— 
(1) REMOVAL OF FEDERAL CONTROLLED SUB-
STANCES
ACT
PREEMPTION.—Subsection (c) of 
schedule I of section 202(c) of the Controlled Sub-
stances Act (21 U.S.C. 812) is amended— 
(A) by striking ‘‘(10) Marihuana.’’; and 
(B) 
by 
striking 
‘‘(17) 
Tetrahydrocannabinols, 
except 
for 
tetrahydrocannabinols in hemp (as defined in 
section 297A of the Agricultural Marketing Act 
of 1946).’’. 
(2) TREATMENT
LIKE
ALCOHOL
IN
CON-
TROLLED SUBSTANCES ACT.—The Controlled Sub-
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stances Act (21 U.S.C. 802(6)) is amended—by in-
serting ‘‘Marihuana,’’ after ‘‘malt beverages,’’. 
(3) RESIDUAL RULEMAKING.—Not later than 
30 days after the date of the enactment of this Act, 
the Attorney General shall administratively revise 
the current regulations at 21 CFR 1308.11 and re-
lated provisions to clarify that for the purposes of 
the Controlled Substances Act and related statutes, 
in light of the States Reform Act, marihuana and 
tetrahydrocannabinols are each deemed by Congress 
to be a drug or other substance that does not meet 
the requirements for inclusion in any schedule. Such 
administrative rulemaking amendments shall not be 
subject to the requirements of the Administrative 
Procedure Act other than notice of changes in the 
Federal Register. Any regulations inconsistent with 
this Act shall be deemed invalid on the date of en-
actment of this Act for all purposes including but 
not limited to any offense committed, case pending, 
conviction entered, and, in the case of a juvenile, any 
offense committed, case pending, and adjudication of 
juvenile delinquency entered before, on, or after the 
date of enactment of this Act. 
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(b) CONFORMING AMENDMENTS
TO CONTROLLED 
SUBSTANCES ACT AND CONTROLLED SUBSTANCES IM-
PORT AND EXPORT ACT.— 
(1) The Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended— 
(A) 
in 
section 
102(44) 
(21 
U.S.C. 
802(44)), by striking ‘‘marihuana,’’; 
(B) 
in 
section 
401(b) 
(21 
U.S.C. 
841(b))— 
(i) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) in clause (vi), by insert-
ing ‘‘or’’ after the semicolon; 
(bb) by striking clause (vii); 
and 
(cc) by redesignating clause 
(viii) as clause (vii); 
(II) in subparagraph (B)— 
(aa) in clause (vi), by insert-
ing ‘‘or’’ after the semicolon; 
(bb) by striking clause (vii); 
and 
(cc) by redesignating clause 
(viii) as clause (vii); 
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(III) in subparagraph (C), in the 
first sentence, by striking ‘‘subpara-
graphs (A), (B), and (D)’’ and insert-
ing ‘‘subparagraphs (A) and (B)’’; 
(IV) by striking subparagraph 
(D); 
(V) by redesignating subpara-
graph (E) as subparagraph (D); and 
(VI) in subparagraph (D)(i), as 
so redesignated, by striking ‘‘subpara-
graphs (C) and (D)’’ and inserting 
‘‘subparagraph (C)’’; 
(ii) by striking paragraph (4); and 
(iii) by redesignating paragraphs (5), 
(6), and (7) as paragraphs (4), (5), and 
(6), respectively; 
(C) in section 402(c)(2)(B) (21 U.S.C. 
842(c)(2)(B)), by striking ‘‘, marihuana,’’; 
(D) in section 403(d)(1) (21 U.S.C. 
843(d)(1)), by striking ‘‘, marihuana,’’; 
(E) in section 418(a) (21 U.S.C. 859(a)), 
by striking the last sentence; 
(F) in section 419(a) (21 U.S.C. 860(a)), 
by striking the last sentence; 
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(G) 
in 
section 
422(d) 
(21 
U.S.C. 
863(d))— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘marijuana,’’; and 
(ii) in paragraph (5), by striking ‘‘, 
such as a marihuana cigarette,’’; 
(H) in section 503 (21 U.S.C. 24 
873(a)(5) and (6)), by striking ‘‘controlled sub-
stances’’ each place the term appears and in-
serting 
‘‘controlled 
substances 
and 
mari-
huana,’’; and 
(I) 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)’’. 
(2) Section 1010(b) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960) is 
amended— 
(A) in paragraph (1)— 
(i) in subparagraph (F), by inserting 
‘‘or’’ after the semicolon; 
(ii) by striking subparagraph (G); and 
(iii) by redesignating subparagraph 
(H) as subparagraph (G); 
(B) in paragraph (2)— 
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(i) in subparagraph (F), by inserting 
‘‘or’’ after the semicolon; 
(ii) by striking subparagraph (G); and 
(iii) by redesignating subparagraph 
(H) as subparagraph (G); 
(C) in paragraph (3), by striking ‘‘para-
graphs (1), (2), and (4)’’ and inserting ‘‘para-
graphs (1) and (2)’’; 
(D) by striking paragraph (4); and 
(E) by redesignating paragraphs (5), (6), 
and (7) as paragraphs (4), (5), and (6), respec-
tively. 
(c) OTHER CONFORMING AMENDMENTS.— 
(1) NATIONAL FOREST SYSTEM DRUG CONTROL 
ACT OF 1986.—The National Forest System Drug 
Control Act of 1986 (16 U.S.C. 559b et seq.) is 
amended— 
(A) in section 15002(a) (16 U.S.C. 
559b(a)) by striking ‘‘marijuana and other’’; 
(B) in section 15003(2) (16 U.S.C. 
559c(2)) by striking ‘‘marijuana and other’’; 
and 
(C) in section 15004(2) (16 U.S.C. 
559d(2)) by striking ‘‘marijuana and other’’. 
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(2) INTERCEPTION OF COMMUNICATIONS.—Sec-
tion 2516 of title 18, United States Code, is amend-
ed— 
(A) in subsection (1)(e), by striking ‘‘mari-
huana,’’; and 
(B) in subsection (2) by striking ‘‘mari-
huana’’. 
(3) FMCSA PROVISIONS.— 
(A) CONFORMING
AMENDMENT.—Section 
31301(5) of title 49, United States Code, is 
amended by striking ‘‘section 31306,’’ and in-
serting ‘‘sections 31306, 31306a, and sub-
sections (b) and (c) of section 31310,’’. 
(B) DEFINITION.—Section 31306(a) of 
title 49, United States Code, is amended— 
(i) by striking ‘‘means any substance’’ 
and inserting the following: ‘‘means— 
‘‘(A) any substance’’; and 
(ii) by striking the period at the end 
and inserting: 
‘‘(B) any substance not covered under sub-
paragraph (A) that was a substance under such 
section as of December 1, 2018, and specified 
by the Secretary of Transportation.’’. 
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(C) 
DISQUALIFICATIONS.—Section 
31310(b) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(3) In this subsection and subsection (c), the 
term ‘controlled substance’ has the meaning given 
such term in section 31306(a).’’. 
(4) FAA PROVISIONS.—Section 45101 of title 
49, United States Code, is amended— 
(A) by striking ‘‘means any substance’’ 
and inserting the following: ‘‘means— 
‘‘(A) any substance’’; and 
(B) by striking the period at the end and 
inserting: 
‘‘(B) any substance not covered under sub-
paragraph (A) that was a substance under such 
section as of December 1, 2018, and specified 
by the Secretary of Transportation.’’. 
(5) FRA PROVISIONS.—Section 20140(a) of 
title 49, United States Code, is amended— 
(A) by striking ‘‘means any substance’’ 
and inserting the following: ‘‘means— 
‘‘(A) any substance’’; and 
(B) by striking the period at the end and 
inserting: 
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‘‘(B) DEFINITION.—The term ‘electronic 
cannabis delivery system’ means an electronic 
device that delivers a designated State medical 
cannabis products within the meaning of the 
Federal Food Drug and Cosmetic Act or a can-
nabis product within the meaning of title III of 
the Federal Alcohol Administration Act, via an 
aerosolized or vaporized solution to the user in-
haling from the device, and any component, liq-
uid, part, or accessory of such a device, whether 
or not sold separately. 
‘‘(C) LABELING.—Electronic cannabis de-
livery systems shall be labeled ‘NOT FOR USE 
WITH TOBACCO OR NICOTINE.’. 
‘‘(D) SALE OF DELIVERY SYSTEMS.—The 
sale of electronic cannabis delivery systems, via 
in-person or e-commerce platforms, shall be 
subject to age-gate measures to ensure the sale 
of these devices are to appropriate age popu-
lations. 
‘‘(E) NON-TOBACCO.—Electronic cannabis 
delivery systems are independent to that of elec-
tronic delivery systems used with tobacco and 
tobacco-related substances referred to as elec-
tronic nicotine delivery systems (ENDS). 
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‘‘(F) LIKE
ALCOHOL
OR
LIKE
MEDICAL 
DEVICES.—A cannabis product within the 
meaning of title III of the Federal Alcohol Ad-
ministration Act shall be treated like an alco-
holic beverage for the purposes of mailability 
and age-gate measures mentioned in section 
(D). A designated State medical cannabis prod-
uct within the meaning of the Federal Food 
Drug and Cosmetic Act, shall be treated like 
similar FDA-regulated therapeutics, therapeutic 
devices, or drugs for the purposes of mailability 
and age-gate measures mentioned in section 
(D). The Postmaster General may require a 
declaration from a shipper of such cannabis 
products, designated State medical cannabis 
products, or components, liquids, parts, or ac-
cessories that is sold separately from the device 
is not intended for use in a nicotine or tobacco 
product.’’. 
SEC. 102. SECOND CHANCES FOR NONVIOLENT CANNABIS 
OFFENDERS. 
(a) DEFINITION.—In this section: 
(1) RELATED
NONVIOLENT
MARIHUANA
OF-
FENSES.—The term ‘‘related nonviolent marihuana 
offenses’’ shall mean any related nonviolent offenses 
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or convictions that would not have satisfied all ele-
ments of the charged offense or offenses but for the 
involvement of marijuana, marihuana as defined in 
section 102(16) of the Controlled Substances Act 
(21 U.S.C. 802(16)), or tetrahydrocannabinols ex-
cept for any offenses or convictions where it has 
been established in court that the individual was as-
sociated with a foreign drug cartel or operating a 
motor vehicle under the influence of a drug or alco-
hol within the meaning of section 13(b) of title 18, 
United States Code, an offense of operating or being 
in actual physical control of a motor vehicle within 
the meaning of title 36, section 4.23 of the Code of 
Federal Regulations, or drunken or reckless oper-
ation of vehicle, aircraft or vessel within the mean-
ing of article 111 of the Uniform Code of Military 
Justice, and section 911 of title 10, United States 
Code. 
(2) ASSOCIATED WITH A FOREIGN DRUG CAR-
TEL.—The term ‘‘associated with a foreign drug car-
tel’’ shall mean, in the case of an individual, that 
law enforcement has probable cause to believe to be 
connected to or an instrument of a foreign agent, 
drug cartel, or power. 
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(b) RETROACTIVE APPLICATION TO MARIHUANA OF-
FENSES.—The amendments made by this section to the 
Controlled Substances Act (21 U.S.C. 801 et seq.) are ret-
roactive and shall apply to any offense committed, case 
pending, conviction entered, and, in the case of a juvenile, 
any offense committed, case pending, or adjudication of 
juvenile delinquency entered before, on, or after the date 
of enactment of this Act— 
(1) LIMITATION OF RETROACTIVE APPLICATION 
TO NONVIOLENT AND RELATED NONVIOLENT MARI-
HUANA
OFFENSES.—Such application and retro-
activity described in this subsection (b) shall extend 
to any nonviolent offense involving marijuana, mari-
huana as defined in section 102(16) of the Con-
trolled Substances Act (21 U.S.C. 802(16)), or 
tetrahydrocannabinols and any related nonviolent 
marihuana offenses occurring before, on, or after the 
date of enactment of this Act. This provision is 
meant to be extended to nonviolent offenses charged, 
pending, or otherwise, previously found to be crimes 
of violence subsequently found to be unconstitution-
ally vague or restricted. 
(2) APPLICATION TO PENDING ACTIONS.—For 
all pending criminal charges or cases and convictions 
awaiting sentencing impacted by amendments made 
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by this subsection to the Controlled Substances Act 
(21 U.S.C. 801 et seq.), the attorney for the Govern-
ment shall drop the relevant charges or seek dis-
missal of all pending charges within 14 days after 
the date of enactment of this Act. Any person held 
in pretrial detention and entitled to dismissal of rel-
evant charges under this provision, and not detained 
for any other reason, shall be entitled to issuance of 
a writ under section 2241 of title 28, United States 
Code or section 1361 of title 28, United States 
Code, to effectuate immediate release. 
(3) APPLICATION TO DEFENDANTS PREVIOUSLY 
SENTENCED.—In the case of a defendant who, be-
fore the date of enactment of this Act, was convicted 
or sentenced for any Federal offense involving mari-
juana, marihuana as defined in section 102(16) of 
the Controlled Substances Act (21 U.S.C. 802(16)), 
or tetrahydrocannabinols and not serving a sentence 
for any conduct not covered by this Act or serving 
multiple sentences as provided in section 3584 of 
title 18, United States Code, the Director of the Bu-
reau of Prisons, United States Marshals Service, or 
United States Parole Commission shall release such 
individual from its control within 14 days after the 
date of enactment of this Act. Any person not so 
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