[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3105 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3105
To limit the application of Federal laws to the distribution and
consumption of marihuana, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2021
Mr. Joyce of Ohio (for himself and Mr. Young) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on the Judiciary, and Financial Services,
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 limit the application of Federal laws to the distribution and
consumption of marihuana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Cannabis Reform for
Veterans, Small Businesses, and Medical Professionals Act''.
SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.
(a) In General.--Part A of the Controlled Substances Act (21 U.S.C.
801 et seq.) is amended by adding at the end the following:
``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.
``(a) Prohibition on Certain Shipping or Transportation.--This Act
shall not apply to marihuana, except that it shall be unlawful only to
ship or transport, in any manner or by any means whatsoever, marihuana,
from one State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof, into any
other State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof, or from any
foreign country into any State, territory, or district of the United
States, or place noncontiguous to but subject to the jurisdiction
thereof, when such marihuana is intended, by any person interested
therein, to be received, possessed, sold, or in any manner used, either
in the original package or otherwise, in violation of any law of such
State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof.
``(b) Penalty.--Whoever knowingly violates subsection (a) shall be
fined under title 18, United States Code, imprisoned not more than 1
year, or both.''.
(b) Table of Contents.--The table of contents for the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84
Stat. 1236) is amended by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Application of this Act to marihuana.''.
SEC. 3. DESCHEDULING MARIHUANA.
(a) Removed From Schedule of Controlled Substances.--Subsection (c)
of Schedule I of section 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(c) Conforming Amendments to Controlled Substances Act.--The
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii)
as clause (vii);
(iii) in subparagraph (C), by striking
``subparagraphs (A), (B), and (D)'' and
inserting ``subparagraphs (A) and (B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) 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)''.
SEC. 4. REGULATION AND LABELING OF MARIJUANA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Food and Drug Administration and the Alcohol and
Tobacco Tax and Trade Bureau of the Department of the Treasury shall,
jointly, issue rules to regulate marijuana. Such rules shall, to the
extent practicable, be similar to Federal rules regulating alcohol.
(b) Effective Date of Descheduling.--The amendments made by
sections 2 and 3 of this Act shall take effect on the date that the
final rules issued pursuant to subsection (a) take effect.
SEC. 5. BANKING PROTECTIONS.
(a) Safe Harbor.--A depository institution that provides a
financial service to a person shall not violate any Federal or State
law for providing such financial service solely because such person is
a cannabis-related legitimate business or a service provider.
(b) Definitions.--In this section:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a credit union as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(6) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481),
regardless if the customer receiving the product or
service is a consumer or commercial entity;
(B) means a financial product or service, or any
combination of products and services, permitted to be
provided by--
(i) a national bank or a financial
subsidiary pursuant to the authority provided
under--
(I) the provision designated
``Seventh'' of section 5136 of the
Revised Statutes of the United States
(12 U.S.C. 24); or
(II) section 5136A of the Revised
Statutes of the United States (12
U.S.C. 24a); and
(ii) a Federal credit union, pursuant to
the authority provided under the Federal Credit
Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or
indirectly, the authorizing, processing, clearing,
settling, billing, transferring for deposit,
transmitting, delivering, instructing to be delivered,
reconciling, collecting, or otherwise effectuating or
facilitating of payments or funds, where such payments
or funds are made or transferred by any means,
including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds
transfers;
(E) includes acting as a money transmitting
business which directly or indirectly makes use of a
depository institution in connection with effectuating
or facilitating a payment for a cannabis-related
legitimate business or service provider in compliance
with section 5330 of title 31, United States Code, and
any applicable State law; and
(F) includes acting as an armored car service for
processing and depositing with a depository institution
or a Federal reserve bank with respect to any monetary
instruments (as defined under section 1956(c)(5) of
title 18, United States Code.
(7) Manufacturer.--The term ``manufacturer'' means a person
who manufactures, compounds, converts, processes, prepares, or
packages cannabis or cannabis products.
(8) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(9) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a cannabis-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(10) State.--The term ``State'' means each of the several
States, each Indian Tribe, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession of
the United States.
SEC. 6. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL MARIJUANA.
(a) Safe Harbor.--Notwithstanding any provision of Federal law, it
shall not be unlawful for--
(1) a veteran to use, possess, or transport medical
marijuana in a State or on Indian land if the use, possession,
or transport is authorized and in accordance with the law of
the applicable State or Indian Tribe;
(2) a physician to discuss with a veteran the use of
medical marijuana as a treatment if the physician is in a State
or on Indian land where the law of the applicable State or
Indian Tribe authorizes the use, possession, distribution,
dispensation, administration, delivery, and transport of
medical marijuana; or
(3) a physician to recommend, complete forms for, or
register veterans for participation in a treatment program
involving medical marijuana that is approved by the law of the
applicable State or Indian Tribe.
(b) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' means any of the
Indian lands, as such term is defined in section 824(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1680n).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Physician.--The term ``physician'' means a physician
appointed by the Secretary of Veterans Affairs under section
7401(1) of title 38, United States Code.
(4) State.--The term ``State'' has the meaning given that
term in section 102 of the Controlled Substances Act (21 U.S.C.
802).
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
SEC. 7. STUDIES ON USE OF MEDICAL MARIJUANA.
(a) Study on Effects of Medical Marijuana on Individuals in Pain or
Who Are Impaired.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Director of the National
Institutes of Health shall conduct or support a study on the
effects of medical marijuana on individuals in pain or who are
impaired.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed, the
Director shall submit to Congress a report on the study, which
shall include such recommendations for legislative or
administrative action as the Director considers appropriate.
(b) Study on Use of State Medical Marijuana Programs.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Director of the National
Institutes of Health shall conduct or support a study on the
relationship between treatment programs involving medical
marijuana that are approved by States, the access of
individuals to such programs, and a reduction in opioid abuse.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed, the
Director shall submit to Congress a report on the study, which
shall include such recommendations for legislative or
administrative action as the Director considers appropriate.
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