I 
118TH CONGRESS 
1ST SESSION H. R. 6673 
To amend the Controlled Substances Act to provide for a new rule regarding 
the application of the Act to marijuana, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2023 
Mr. JOYCE of Ohio (for himself, Mrs. CHAVEZ-DEREMER, Mr. MAST, Mr. 
BLUMENAUER, and Mr. CARTER of Louisiana) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committees on the Judiciary, and Transportation and 
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to provide for a 
new rule regarding the application of the Act to mari-
juana, 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. 
This Act may be cited as the ‘‘Strengthening the 
Tenth Amendment Through Entrusting States 2.0 Act’’ 
or the ‘‘STATES 2.0 Act’’. 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) States have vastly different visions for the 
role of legal cannabis in their cities and counties. 
Some wish to see a complete prohibition, while oth-
ers believe cannabis should be treated like alcohol. 
States should be empowered to determine their own 
destiny for the cannabis markets. They should be 
able to enact time, place, and manner restrictions 
that help to aid small and craft businesses, impose 
regulations for health and safety, keep cannabis 
businesses away from schools, and generally fit with 
the character and values of the community. 
(2) While States have the power to determine 
what happens within their own borders, they cannot 
make laws permitting or restricting interstate com-
merce unilaterally. In the absence of Federal move-
ment, the illicit interstate trade in cannabis has per-
sisted even in the face of significant State policy 
changes. The Federal Government should be respon-
sible for regulating and tracking this interstate trade 
to ensure cannabis does not end up where it does 
not belong. 
(3) Today’s illicit marijuana market represents 
75 percent of the known marijuana market. 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) Excessive taxation in licensed markets has 
caused the price of legal marijuana products to ex-
ceed that of illegal products by two to three times, 
contributing to the growth of the illicit market. 
(5) Because of Federal restrictions on mari-
juana activities, marijuana is currently regulated by 
a punitive tax structure that harms the ability of li-
censed operators to sell marijuana products, discour-
ages new business creation and growth, and perpet-
uates illicit markets. 
(6) A Federal regulatory program for mari-
juana should require a framework that supports crit-
ical components such as proper administration and 
oversight, consumer safety protections, and enforce-
ment. 
(7) The cost of such a program should fall on 
users of the program through the establishment of 
a Federal excise tax. Such a Federal marijuana tax 
should— 
(A) support a legal market, not illegal 
sales and illicit activity; 
(B) be low enough to not exacerbate the 
level of taxation set by States, thereby avoiding 
the pyramid effect of adding Federal taxes on 
top of high State taxes; 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(C) be administrable and allow for con-
sistent and timely collection by the Alcohol and 
Tobacco Tax and Trade Bureau as primary 
regulator; and 
(D) offset the costs of executing the ad-
ministrative functions of a Federal regulatory 
framework for marijuana, including require-
ments for testing, enforcement and policing, 
youth prevention, and substance abuse preven-
tion and education. 
(8) States that legalize cannabis utilize less 
public safety resources on cannabis arrests. This has 
allowed more police resources to be devoted to vio-
lent and property crime as well as more serious 
types of illicit substances. 
SEC. 3. SENSE OF CONGRESS REGARDING FDA SUPPORT 
FOR 
TRIBAL 
SELF-DETERMINATION 
AND 
SELF-GOVERNMENT WITH RESPECT TO MARI-
JUANA REGULATION. 
It is the sense of Congress that, with respect to the 
regulation of the manufacture, production, possession, dis-
tribution, dispensation, administration, or delivery of 
marijuana, the Food and Drug Administration should sup-
port— 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) self-determination and self-government by 
Indian tribes (as defined in section 102 of the Fed-
erally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5130)); and 
(2) the treaty rights of such Indian tribes. 
SEC. 4. RULE REGARDING APPLICATION TO MARIJUANA. 
Part G of the Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘RULE REGARDING APPLICATION TO MARIJUANA 
‘‘SEC. 710. (a) STATES.—Notwithstanding any other 
provision of law, the provisions of this Act as applied to 
marijuana, except the provisions described in subsection 
(d) and except as provided in subsection (e), shall not 
apply to any marijuana manufactured, produced, pos-
sessed, distributed, dispensed, administered, or delivered 
in compliance with State law relating to the manufacture, 
production, possession, distribution, dispensation, admin-
istration, or delivery of marijuana. 
‘‘(b) INDIAN TRIBES.—Notwithstanding any other 
provision of law, the provisions of this Act related to mari-
juana, except the provisions described in subsection (d) 
and except as provided in subsection (e), shall not apply 
to marijuana manufactured, produced, possessed, distrib-
uted, dispensed, administered, or delivered in compliance 
with the law of a federally recognized Indian Tribe relat-
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(i) through time, place, and manner 
restrictions; or 
‘‘(ii) to protect public health and safe-
ty. 
‘‘(2) FEDERAL
LAW.—Notwithstanding any 
other provision of law, the provisions of this title as 
applied to marijuana, except the provisions described 
in subsection (d) and except as provided in sub-
section (e), shall not apply to any person engaged in 
marijuana transportation or shipment between two 
States which States permit, as applicable, the manu-
facture, production, possession, distribution, dis-
pensation, administration, or delivery of marijuana. 
‘‘(d) PROVISIONS DESCRIBED.—The provisions de-
scribed in this subsection are— 
‘‘(1) section 401(a)(1), with respect to a viola-
tion of section 409 or 418; 
‘‘(2) section 409; 
‘‘(3) section 417; and 
‘‘(4) section 418. 
‘‘(e) EXCEPTION.—Subsections (a) through (c) shall 
not apply to any person who— 
‘‘(1) violates this title with respect to any con-
trolled substance other than marijuana; 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(2) knowingly or intentionally manufactures, 
produces, possesses, distributes, dispenses, admin-
isters, or delivers any marijuana in violation of the 
laws of the State or Indian Tribe in which such 
manufacture, production, possession, distribution, 
dispensation, administration, or delivery occurs; or 
‘‘(3) employs or hires any person under 18 
years of age to manufacture, produce, distribute, 
dispense, administer, or deliver marijuana. 
‘‘(f) REMOVAL FROM SCHEDULE.— 
‘‘(1) IN GENERAL.—For the purposes of this 
title, marijuana manufactured, produced, possessed, 
distributed, dispensed, administered, or delivered in 
compliance with State law or the law of a federally 
recognized Indian Tribe relating to the manufacture, 
production, possession, distribution, dispensation, 
administration, or delivery of marijuana shall be 
deemed to be a substance that does not meet the re-
quirements for inclusion in any schedule. 
‘‘(2) RULES.—Not later than 180 days after 
the date of the enactment of this Act, the Attorney 
General shall finalize a rule under section 201(a)(2) 
executing paragraph (1) of this subsection. 
‘‘(g) DEFINITION.—In this section, the term ‘Indian 
Tribe’ has the meaning given to the term ‘Indian tribe’ 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in section 102 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5130).’’. 
SEC. 5. TRANSPORTATION SAFETY OFFENSES. 
Section 409 of the Controlled Substances Act (21 
U.S.C. 849) is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘A person’’ and inserting 
‘‘Except as provided in subsection (d), a per-
son’’; and 
(B) by striking ‘‘subsection (b)’’ and in-
serting ‘‘subsection (c)’’; 
(2) in subsection (c), in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘A person’’ and inserting 
‘‘Except as provided in subsection (d), a per-
son’’; and 
(B) by striking ‘‘subsection (a)’’ and in-
serting ‘‘subsection (b)’’; and 
(3) by adding at the end the following: 
‘‘(d) EXCEPTION.—Subsections (b) and (c) shall not 
apply to any person who possesses, or possesses with in-
tent to distribute marijuana in compliance with section 
710.’’. 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 6. DISTRIBUTION TO PERSONS UNDER AGE 21. 
Section 418 of the Controlled Substances Act (21 
U.S.C. 859) is amended— 
(1) in subsection (a), in the first sentence, by 
inserting ‘‘and subsection (c) of this section’’ after 
‘‘section 419’’; 
(2) in subsection (b), in the first sentence, by 
inserting ‘‘and subsection(c) of this section’’ after 
‘‘section 419’’; and 
(3) by adding at the end the following: 
‘‘(c) Subsections (a) and (b) shall not apply to any 
person at least 18 years of age who distributes medicinal 
marijuana to a person under 21 years of age in compliance 
with section 710.’’. 
SEC. 7. REGULATION OF MARIJUANA PRODUCTS BY FOOD 
AND DRUG ADMINISTRATION. 
(a) DEFINITIONS.— 
(1) MARIJUANA
PRODUCT
DEFINED.—In this 
section, the term ‘‘marijuana product’’ means any 
product made or derived from marijuana that is in-
tended for human or animal consumption, including 
any component of marijuana (except for raw mate-
rials other than such marijuana used in manufac-
turing a component of such product). 
(2) OTHER DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) The term ‘‘biological product’’ has the 
meaning given to that term in section 351(i) of 
the Public Health Service Act (42 U.S.C. 
262(i)). 
(B) The term ‘‘marijuana’’ has the mean-
ing given to that term in section 102 of the 
Controlled Substances Act (21 U.S.C. 802). 
(C) The terms ‘‘cosmetic’’, ‘‘device’’, ‘‘die-
tary supplement’’, ‘‘drug’’, ‘‘food’’, and ‘‘to-
bacco product’’ have the meanings given to such 
terms in section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321). 
(b) DRUGS.—A marijuana product meeting the defi-
nition of a drug shall be treated as a drug for purposes 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
301 et seq.). 
(c) FOOD; DIETARY SUPPLEMENTS.—The Secretary 
of Health and Human Services, acting through the Com-
missioner of Food and Drugs, shall have the same authori-
ties under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) and other applicable law to regulate 
a marijuana product that is food or a dietary supplement 
as the Food and Drug Administration has with respect 
to food containing alcohol. 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(d) COSMETICS.—A marijuana product meeting the 
definition of a cosmetic shall be treated as a cosmetic for 
purposes of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.). 
(e) OTHER PRODUCTS.— 
(1) IN GENERAL.—A marijuana product that is 
not covered by subsection (b), (c), or (d) may be 
lawfully marketed pursuant to regulations issued 
under paragraph (2). 
(2) REGULATION.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Health and Human Services, acting 
through the Commissioner of Food and Drugs, shall 
promulgate a regulation with respect to marijuana 
products described in paragraph (1). 
(3) CONTENTS.—The regulation under para-
graph (2) shall include requirements for— 
(A) contaminant testing; 
(B) manufacturing practices; and 
(C) marketing practices and postmarket 
reporting, with special attention to preventing 
consumption by youths. 
(4) NO
PREMARKET
APPROVAL
REQUIRED.— 
The regulation under paragraph (2) shall not re-
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
quire premarket approval of marijuana products de-
scribed in paragraph (1). 
(f) NO MARKETING IN COMBINATION WITH CERTAIN 
OTHER PRODUCTS.—A marijuana product marketed in 
combination with a drug, a biological product, a device, 
a tobacco product, or an alcohol product is deemed to be 
adulterated for purposes of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.). 
SEC. 8. COMPTROLLER GENERAL STUDY ON EFFECTS OF 
MARIJUANA 
LEGALIZATION 
ON 
TRAFFIC 
SAFETY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the effects of mari-
juana legalization on traffic safety. 
(b) INCLUSIONS.—The study conducted under sub-
section (a) shall include a detailed assessment of— 
(1) traffic crashes, fatalities, and injuries in 
States that have legalized marijuana use, including 
whether States are able to accurately evaluate mari-
juana impairment in those incidents; 
(2) actions taken by the States referred to in 
paragraph (1) to address marijuana-impaired driv-
ing, including any challenges faced in addressing 
marijuana-impaired driving; 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(3) testing standards used by the States re-
ferred to in paragraph (1) to evaluate marijuana im-
pairment in traffic crashes, fatalities, and injuries, 
including any scientific methods used to determine 
impairment and analyze data; and 
(4) Federal initiatives aiming to assist States 
that have legalized marijuana with traffic safety, in-
cluding recommendations for policies and programs 
to be carried out by the National Highway Traffic 
Safety Administration. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate committees 
of Congress a report on the results of the study conducted 
under subsection (a). 
SEC. 9. RULE OF CONSTRUCTION. 
(a) IN GENERAL.—Conduct in compliance with this 
Act and the amendments made by this Act— 
(1) shall not be unlawful; 
(2) shall not constitute trafficking in a con-
trolled substance under section 401 of the Controlled 
Substances Act (21 U.S.C. 841) or any other provi-
sion of law; 
(3) shall not constitute the basis for forfeiture 
of property under section 511 of the Controlled Sub-
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB
stances Act (21 U.S.C. 881) or section 981 of title 
18, United States Code; and 
(4) shall not be subject to section 280E of the 
Internal Revenue Code of 1986, relating to expendi-
tures in connection with the illegal sale of drugs. 
(b) PROCEEDS.—The proceeds from any transaction 
in compliance with this Act and the amendments made 
by this Act shall not be deemed to be the proceeds of an 
unlawful transaction under section 1956 or 1957 of title 
18, United States Code, or any other provision of law. 
Æ 
VerDate Sep 11 2014 
03:56 Dec 27, 2023
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H6673.IH
H6673
kjohnson on DSK7ZCZBW3PROD with $$_JOB