I 
116TH CONGRESS 
1ST SESSION H. R. 3754 
To amend the Controlled Substances Act to provide for a new rule regarding 
the application of the Act to marihuana, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2019 
Mr. AMASH introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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-
huana, 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. RULE REGARDING APPLICATION TO MARI-
HUANA. 
Part G of the Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended by adding at the end the fol-
lowing: 
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‘‘RULE REGARDING APPLICATION TO MARIHUANA 
‘‘SEC. 710. (a) Notwithstanding any other provision 
of law, the provisions of this title as applied to marihuana, 
other than the provisions described in subsection (c) and 
other than as provided in subsection (d), shall not apply 
to any person acting in compliance with State law relating 
to the manufacture, production, possession, distribution, 
dispensation, administration, or delivery of marihuana. 
‘‘(b) Notwithstanding any other provision of law, the 
provisions of this title related to marihuana, other than 
the provisions described in subsection (c) and other than 
as provided in subsection (d), shall not apply to any person 
acting in compliance with the law of a federally recognized 
Indian tribe within its jurisdiction in Indian country, as 
defined in section 1151 of title 18, United States Code, 
related to the manufacture, production, possession, dis-
tribution, dispensation, administration, or delivery of mar-
ihuana so long as such jurisdiction is located within a 
State that permits, respectively, manufacture, production, 
possession, distribution, dispensation, administration, or 
delivery of marihuana. 
‘‘(c) The provisions described in this subsection are— 
‘‘(1) section 401(a)(1), with respect to a viola-
tion of section 409 or 418; 
‘‘(2) section 409; 
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‘‘(3) section 417; and 
‘‘(4) section 418. 
‘‘(d) Subsection (a) shall not apply to any person 
who— 
‘‘(1) violates the Controlled Substances Act 
with respect to any other controlled substance; 
‘‘(2) notwithstanding compliance with State or 
tribal law, knowingly or intentionally manufactures, 
produces, possesses, distributes, dispenses, admin-
isters, or delivers any other marihuana in violation 
of the laws of the State or tribe in which such man-
ufacture, production, possession, distribution, dis-
pensation, administration, or delivery occurs; or 
‘‘(3) employs or hires any person under 18 
years of age to manufacture, produce, distribute, 
dispense, administer, or deliver marihuana.’’. 
SEC. 2. 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 
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(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 marihuana in compliance with section 
710.’’. 
SEC. 3. 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: 
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‘‘(c) Subsections (a) and (b) shall not apply to any 
person at least 18 years of age who distributes medicinal 
marihuana to a person under 21 years of age in compli-
ance with section 710.’’. 
SEC. 4. 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; and 
(3) shall not constitute the basis for forfeiture 
of property under section 511 of the Controlled Sub-
stances Act (21 U.S.C. 881) or section 981 of title 
18, United States Code. 
(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 
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