Sec. 3. Decriminalization of cannabis

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Subsection

(c)of schedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812 ) is amended— by striking

(10)Marihuana. ; and by striking

(17)Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp (as defined in section 297A of the Agricultural Marketing Act of 1946). . Not later than 180 days after the date of the enactment of this Act, the Attorney General shall finalize a rulemaking under section 201(a)(2) removing marihuana and tetrahydrocannabinols from the schedules of controlled substances. For the purposes of the Controlled Substances Act, marihuana and tetrahydrocannabinols shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule. A rulemaking under this paragraph shall be considered to have taken effect as of the date of enactment of this Act for purposes of any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, and adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. The Controlled Substances Act ( 21 U.S.C. 801 et seq.) is amended— in section 102(44) ( 21 U.S.C. 802(44) ), by striking marihuana, ; in section 401(b) ( 21 U.S.C. 841(b) )— in paragraph (1)— in subparagraph (A)— in clause (vi), by inserting or after the semicolon; by striking clause (vii); and by redesignating clause

(viii)as clause (vii); in subparagraph (B)— in clause (vi), by inserting or after the semicolon; by striking clause (vii); and by redesignating clause

(viii)as clause (vii); in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and

(D)and inserting subparagraphs

(A)and

(B); by striking subparagraph (D); by redesignating subparagraph

(E)as subparagraph (D); and in subparagraph (D)(i), as so redesignated, by striking subparagraphs

(C)and

(D)and inserting subparagraph

(C); by striking paragraph (4); and by redesignating paragraphs (5), (6), and

(7)as paragraphs (4), (5), and (6), respectively; in section 402(c)(2)(B) ( 21 U.S.C. 842(c)(2)(B) ), by striking , marihuana, ; in section 403(d)(1) ( 21 U.S.C. 843(d)(1) ), by striking , marihuana, ; in section 418(a) ( 21 U.S.C. 859(a) ), by striking the last sentence; in section 419(a) ( 21 U.S.C. 860(a) ), by striking the last sentence; in section 422(d) ( 21 U.S.C. 863(d) )— in the matter preceding paragraph (1), by striking marijuana, ; and in paragraph (5), by striking , such as a marihuana cigarette, ; and 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) . The National Forest System Drug Control Act of 1986 ( 16 U.S.C. 559b et seq.) is amended— in section 15002(a) ( 16 U.S.C. 559b(a) ) by striking marijuana and other ; in section 15003(2) ( 16 U.S.C. 559c(2) ) by striking marijuana and other ; and in section 15004(2) ( 16 U.S.C. 559d(2) ) by striking marijuana and other . Section 2516 of title 18, United States Code, is amended— in subsection (1)(e), by striking marihuana, ; and in subsection

(2)by striking marihuana . Section 31301(5) of title 49, United States Code, is amended by striking section 31306, and inserting sections 31306, 31306a, and subsections

(b)and

(c)of section 31310, . Section 31306(a) of title 49, United States Code, is amended— by striking means any substance and inserting the following: means— any substance ; and by striking the period at the end and inserting ; and any substance not covered under subparagraph

(A)that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation. . Section 31310(b) of title 49, United States Code, is amended by adding at the end the following: In this subsection and subsection (c), the term controlled substance has the meaning given such term in section 31306(a). . Section 45101 of title 49, United States Code, is amended— by striking means any substance and inserting the following: means— any substance ; and by striking the period at the end and inserting ; and any substance not covered under subparagraph

(A)that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation. . Section 20140(a) of title 49, United States Code, is amended— by striking means any substance and inserting the following: means— any substance ; and by striking the period at the end and inserting ; and any substance not covered under subparagraph

(A)that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation. . Section 5331(a)(1) of title 49, United States Code, is amended— by striking means any substance and inserting the following: means— any substance ; and by striking the period at the end and inserting ; and any substance not covered under subparagraph

(A)that was a substance under such section as of December 1, 2018, and whose use the Secretary of Transportation decides has a risk to transportation safety. . The amendments made by this section to the Controlled Substances Act ( 21 U.S.C. 801 et seq.) are retroactive and shall apply to any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. Nothing in this subtitle shall affect or modify— the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.); section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); or the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services— under— the Federal Food, Drug, and Cosmetic Act (21 U.S. 301 et seq.); or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); or to promulgate Federal regulations and guidelines that relate to products containing cannabis or cannabis-derived compounds under the Act described in subparagraph (A)(i) or the section described in subparagraph (A)(ii). Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall hold not less than one public meeting to address the regulation, safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds. Section 503 of the Supplemental Appropriations Act, 1987 ( 5 U.S.C. 7301 note) is amended by adding at the end the following: Notwithstanding the Marijuana Opportunity Reinvestment and Expungement Act of 2020 and the amendments made thereby, the Secretary of Health and Human Services may continue to include marijuana for purposes of drug testing of Federal employees subject to this section, Executive Order 12564, or other applicable Federal laws and orders. The term marijuana has the meaning given to the term marihuana in section 102 of the Controlled Substances Act (21 6 U.S.C. 802 ) on the day before the date of enactment of the Marijuana Opportunity Reinvestment and Expungement Act of 2020. . The amendments made by this section may not be construed to abridge the authority of the Secretary of Transportation, or the Secretary of the department in which the Coast Guard is operating, to regulate and screen for the use of a controlled substance. In this subsection, the term controlled substance means— any substance covered under section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) on the day before the date of enactment of this Act; and any substance not covered under subparagraph

(A)that was a substance covered under section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) on December 1, 2018, and specified by the Secretary of Transportation.

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