I 
115TH CONGRESS 
1ST SESSION H. R. 3534 
To make the Controlled Substances Act inapplicable with respect to mari-
huana in States that have legalized marijuana and have in effect a 
statewide regulatory regime to protect certain Federal interests, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2017 
Ms. DELBENE (for herself, Mr. CICILLINE, Mr. COHEN, and Mr. SMITH of 
Washington) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To make the Controlled Substances Act inapplicable with 
respect to marihuana in States that have legalized mari-
juana and have in effect a statewide regulatory regime 
to protect certain Federal interests, and for other pur-
poses. 
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 ‘‘State Marihuana And 
Regulatory Tolerance Enforcement Act’’. 
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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 (b), 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 includes a certification that 
the State has, or will have, in effect a statewide reg-
ulatory regime for marihuana that is sufficient to 
protect Federal interests, including each of the fol-
lowing: 
‘‘(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) DURATION OF PERIOD.—Subject to subsection 
(c), the period described in this subsection is, with respect 
to a State— 
‘‘(1) the period of 3 years beginning on the date 
of receipt by the Attorney General of a request 
under subsection (a)(1); and 
‘‘(2) any subsequent, consecutive 3-year period 
if, by the beginning of such period, the State sub-
mits a request under subsection (a)(1) for such pe-
riod. 
‘‘(c) DELAYED EFFECTIVE DATE.—The effective pe-
riod of a request under subsection (a)(1) shall commence 
not sooner than the effective date of the State’s regulatory 
regime required by subsection (a)(2). 
‘‘(d) LOSS OF WAIVER.— 
‘‘(1) IN
GENERAL.—The Attorney General 
may— 
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‘‘(f) 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 
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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