I 
113TH CONGRESS 
1ST SESSION H. R. 1635 
To establish the National Commission on Federal Marijuana Policy. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2013 
Mr. COHEN (for himself, Mr. POLIS, Mr. BLUMENAUER, Mr. FARR, and Mr. 
MORAN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Energy 
and Commerce, Ways and Means, Financial Services, and Foreign Af-
fairs, 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 establish the National Commission on Federal Marijuana 
Policy. 
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 ‘‘National Commission 
on Federal Marijuana Policy Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) In 1971, Congress created the National 
Commission on Marihuana and Drug Abuse, led by 
Governor Raymond P. Shafer, known as the Shafer 
Commission. 
(2) The Shafer Commission undertook a com-
prehensive review of the nature and scope of mari-
juana use, its effects, the relationship of marijuana 
use to other behavior, and the efficacy of existing 
law. 
(3) The final report of the Shafer Commission 
recommended that marijuana be decriminalized. 
(4) Since the Shafer Commission, the Federal 
Government has expanded its ‘‘War on Drugs’’ and 
continued to prohibit the use of marijuana. 
(5) The District of Columbia and 18 States 
have legalized and regulated the use of marijuana 
for medicinal purposes. 
(6) Since 1973, 15 States have decriminalized 
marijuana for personal use, in some cases based on 
the Shafer Commission recommendations. 
(7) Since 1973, 2 States have legalized and reg-
ulated marijuana for personal use. 
(8) Since the Shafer Commission, the Federal 
Government has not undertaken a similar review of 
its policy toward marijuana. 
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(9) The Federal Government must reconcile its 
prohibition of marijuana with the laws of the States 
where marijuana is legal for some purposes and the 
likelihood that more States will follow in this path. 
SEC. 3. ESTABLISHMENT. 
There is established a commission to be known as the 
National Commission on Federal Marijuana Policy (in this 
Act referred to as the ‘‘Commission’’). 
SEC. 4. DUTIES. 
The Commission shall undertake a comprehensive re-
view of the state and efficacy of current policies of the 
Federal Government toward marijuana in light of the 
growing number of States in which marijuana is legal for 
medicinal or personal use, including— 
(1) how Federal policy should interact with 
State laws that make marijuana legal for medicinal 
or personal use; 
(2) the cost of marijuana prohibition and poten-
tial State and Federal regulation of marijuana, as 
well as the potential revenue generated by taxation 
of marijuana; 
(3) the impact of Federal banking and tax laws 
on businesses operating in compliance with State 
laws related to marijuana; 
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(4) the health impacts, both benefits and risks, 
related to marijuana use, and in comparison to alco-
hol and tobacco use; 
(5) the domestic and international public safety 
effects of marijuana prohibition and the impact that 
regulation and control of marijuana has on public 
safety; 
(6) the impact of marijuana prohibition on 
criminal justice, including any racial disparities, and 
the collateral consequences of prosecution for mari-
juana possession, including lack of access to hous-
ing, education, and employment; 
(7) recommending the appropriate placement of 
marijuana in the schedule of the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.); and 
(8) the effects of marijuana prohibition or fu-
ture regulation and control of marijuana on inter-
national relationships and treaty obligations. 
SEC. 5. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 13 members appointed as follows: 
(1) Five individuals appointed by the President, 
one of whom the President shall designate as a co- 
chair of the Commission. 
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(2) Two individuals appointed by the Speaker 
of the House of Representatives, one of whom the 
Speaker shall designate as a co-chair of the Commis-
sion only if the Speaker is not of the same political 
party of the President. 
(3) Two individuals appointed by the minority 
leader of the House of Representatives, one of whom 
the minority leader shall designate as a co-chair of 
the Commission only if the minority leader is not of 
the same political party of the President. 
(4) Two individuals appointed by the majority 
leader of the Senate. 
(5) Two individuals appointed by the minority 
leader of the Senate. 
(b) QUALIFICATIONS.—The members of the Commis-
sion shall be individuals with distinguished reputations for 
integrity and nonpartisanship who are nationally recog-
nized for expertise, knowledge, or experience in one or 
more of the following areas: 
(1) Criminal justice. 
(2) Public health. 
(3) Social policy. 
(4) Economics. 
(5) International law. 
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time) during which they are engaged in the actual 
performance of duties vested in the Commission. 
(2) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
SEC. 6. POWERS. 
(a) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at the call of either of the co-chairs or a majority 
of its members. 
(2) FIRST
MEETING.—The Commission shall 
hold its first meeting on the date that is 60 days 
after the date of enactment of this Act, or not later 
than 30 days after the date on which funds are 
made available for the Commission, whichever is 
later. 
(3) QUORUM.—Seven members of the Commis-
sion shall constitute a quorum for purposes of con-
ducting business, except that 2 members of the 
Commission shall constitute a quorum for purposes 
of receiving testimony. 
(4) OPEN TO THE PUBLIC.—Meetings of the 
Commission shall be open to the public. Interested 
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persons shall be permitted to appear at meetings 
and present oral or written statements on the sub-
ject matter of the meeting. The Commission may ad-
minister oaths or affirmations to any person appear-
ing before it. 
(5) NOTICE.—Meetings of the Commission shall 
be preceded by timely public notice in the Federal 
Register of the time, place, and subject of the meet-
ing. 
(b) PUBLIC HEARINGS.—The Commission may, for 
the purpose of carrying out this Act, hold hearings, sit 
and act at times and places, take testimony, and receive 
evidence as the Commission considers appropriate. The 
Commission shall hold hearings in— 
(1) at least 2 States in which marijuana is legal 
for medicinal purposes; 
(2) at least 2 States in which marijuana is legal 
for personal use; and 
(3) at least 2 States in which marijuana is not 
legal for any purpose. 
(c) COMMISSION PANELS.—The Commission may es-
tablish panels composed of less than the full membership 
of the Commission, but any findings or determinations of 
such panels are not considered findings and determina-
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tions of the Commission unless approved by the Commis-
sion. 
(d) DELEGATION.—Any member, agent, or staff of 
the Commission may, if authorized by the co-chairs of the 
Commission, take any action which the Commission is au-
thorized to take pursuant to this Act. 
(e) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission. 
SEC. 7. ADMINISTRATION. 
(a) DIRECTOR.—The Commission may appoint a Di-
rector to be paid the rate of basic pay for level V of the 
Executive Schedule. 
(b) STAFF APPOINTMENT
AND COMPENSATION.— 
With the approval of the Commission, the Director may 
appoint and fix the pay of additional personnel as the Di-
rector considers appropriate. Such personnel may be ap-
pointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of that 
title relating to classification and General Schedule pay 
rates, except that an individual so appointed may not re-
ceive pay in excess of level V of the Executive Schedule. 
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(c) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Director may procure tem-
porary and intermittent services under section 3109(b) of 
title 5, United States Code. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 
the request of the Commission, the head of any Federal 
agency may detail, without reimbursement, any of the per-
sonnel of such agency to the Commission to assist in car-
rying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service sta-
tus or privileges of the Federal employee. 
(e) OBTAINING OFFICIAL DATA.—The Commission 
may secure directly from any department or agency of the 
United States information necessary to enable it to carry 
out this Act. Upon the request of a co-chair of the Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission. 
(f) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United 
States. 
(g) CONTRACTS.—The Commission is authorized to 
enter into contracts with Federal and State agencies, pri-
vate firms, institutions, and individuals for the conduct of 
activities necessary to the discharge of its duties and re-
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sponsibilities. A contract, lease, or other legal agreement 
entered into by the Commission may not extend beyond 
the date of the termination of the Commission. 
(h) GIFTS.—Subject to existing law, the Commission 
may accept, use, and dispose of gifts or donations of serv-
ices or property. 
(i) ADMINISTRATIVE ASSISTANCE.—The Adminis-
trator of General Services shall provide to the Commis-
sion, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its re-
sponsibilities under this Act. These administrative services 
may include human resource management, budget, leas-
ing, accounting, and payroll services. 
SEC. 8. REPORT. 
Not later than 1 year after the date on which funds 
first become available to carry out this Act, the Commis-
sion shall submit to the President and Congress, and make 
available to the public, a report containing the findings, 
conclusions, and recommendations of the Commission. 
SEC. 9. TERMINATION. 
The Commission shall terminate 60 days after the 
date of the submission of the report required under section 
8. 
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SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated $10,000,000 to carry out the purposes of this Act. 
(b) LIMITATION ON USE.—Funds appropriated under 
this Act may not be used for international travel. 
Æ 
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