Sec. 101. Federal decriminalization of cannabis, and State control deference

2,414 words·~11 min read·/bill/117/hr/5977/ih/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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). . The Controlled Substances Act ( 21 U.S.C. 802(6) ) is amended—by inserting Marihuana, after malt beverages, . Not later than 30 days after the date of the enactment of this Act, the Attorney General shall administratively revise the current regulations at 21 CFR 1308.11 and related provisions to clarify that for the purposes of the Controlled Substances Act and related statutes, in light of the States Reform Act, marihuana and tetrahydrocannabinols are each deemed by Congress to be a drug or other substance that does not meet the requirements for inclusion in any schedule. Such administrative rulemaking amendments shall not be subject to the requirements of the Administrative Procedure Act other than notice of changes in the Federal Register. Any regulations inconsistent with this Act shall be deemed invalid on the date of enactment of this Act for all purposes including but not limited to 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) . Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended— in paragraph (1)— in subparagraph (F), by inserting or after the semicolon; by striking subparagraph (G); and by redesignating subparagraph

(H)as subparagraph (G); in paragraph (2)— in subparagraph (F), by inserting or after the semicolon; by striking subparagraph (G); and by redesignating subparagraph

(H)as subparagraph (G); in paragraph (3), by striking paragraphs (1), (2), and

(4)and inserting paragraphs

(1)and

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

(7)as paragraphs (4), (5), and (6), respectively. 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: 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: 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: 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: 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. . Section 921(a) of title 18, United States Code, is amended by adding at the end the following: The term unlawful user of or addicted to any controlled substance shall not include a person by reason of unlawful use of or addiction to marihuana (as defined in section 102(16) of the Controlled Substances Act, 21 U.S.C. 802(16) ). . 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— Such application and retroactivity described in this subsection

(d)shall extend to any nonviolent offense or offenses covered under paragraph

(1)and any related nonviolent offenses that would not have satisfied all elements of the charged offense or offenses but for the involvement of marijuana, marihuana as defined in 21 U.S.C. 802(16) , or tetrahydrocannabinols, related nonviolent cases pending, related nonviolent convictions entered, and, in the case of a juvenile, any related nonviolent offense committed, related nonviolent case pending, or related nonviolent adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. This provision is meant to be extended to nonviolent offenses charged, pending, or otherwise, previously found to be crimes of violence subsequently found to be unconstitutionally vague or restricted, e.g., United States v. Davis, 139 S. Ct. 2319

(2019)(holding 18 U.S.C. 924(c) residual clause unconstitutionally vague); Sessions v. Dimaya, 138 S. Ct. 1204

(2018)(finding 18 U.S.C. 16(b) to be unconstitutionally void for vagueness as incorporated into other statutes). This provision applies solely to persons who traded exclusively in marijuana, marihuana as defined in 21 U.S.C. 802(16) , or tetrahydrocannabinols rather than other substances controlled under the Controlled Substances Act. This provision applies to each and every organ of the Federal Government. This provision does not apply to acts or transactions occurring after the passage of this Act that are not in compliance with this Act and other applicable laws. This provision does not apply to persons that are or were merely the instrumentality of a foreign agent, drug cartel , or power. This provision does not apply specifically to convictions or sentences of an offense of operating a motor vehicle under the influence of a drug or alcohol within the meaning of title 18 of the United States Code, section 13(b), an offense of operating or being in actual physical control of a motor vehicle within the meaning of title 36, section 4.23 of the Code of Federal Regulations, or drunken or reckless operation of vehicle, aircraft or vessel within the meaning of article 111 of the Uniform Code of Military Justice, title 10 of the United States Code, section 911. Questions of non-violence are reviewable in any proceeding initiated under this subsection

(d)or the following subsection (e). For an example of a person considered under this law to be a nonviolent cannabis offender based on the totality of facts in the case, please refer to the case of United States v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004). For all pending criminal charges or cases and convictions awaiting sentencing impacted by amendments made by this subsection to the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the attorney for the Government shall drop the relevant charges or seek dismissal of all pending charges within 14 days after the date of enactment of this Act. Any person held in pretrial detention and entitled to dismissal of relevant charges under this provision, and not detained for any other reason, shall be entitled to issuance of a writ under 28 U.S.C. 2241 or 28 U.S.C. 1361 , to effectuate immediate release. In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for any Federal offense involving marijuana, marihuana as defined in 21 U.S.C. 802(16) , or tetrahydrocannabinols and not serving a sentence for any conduct not covered by this Act or serving multiple sentences as provided in 18 U.S.C. 3584 , the Director of the Bureau of Prisons, United States Marshals Service, or U.S. Parole Commission shall release such individual from its control within 14 days after the date of enactment of this Act. Any person not so timely released and entitled to such under this provision shall be entitled to issuance of a writ under 28 U.S.C. 2241 or 28 U.S.C. 1361 , to effectuate immediate release. In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for any Federal offense involving marijuana, marihuana, or tetrahydrocannabinols but is also serving a sentence for any other crime not covered by this Act, the sentencing court may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. Notwithstanding any other provision of law, the Federal Government shall not pursue, and shall immediately desist any present administrative or enforcement action, or criminal or civil asset forfeiture proceeding, against any U.S. person where the cause of controversy is rooted in the illicit marihuana, as defined in 21 U.S.C. 802(16) , or tetrahydrocannabinols trade for nonviolent acts having occurred between the passage of the Marijuana Tax Act of 1937 ( Public Law 75–238 , 50 Stat. 551) and this Act, nor shall the proceeds of such trade or acts be considered the proceeds of illegal drug trade or any kind of criminal or illicit activity under sections 981, 1956 or 1957 of title 18, United States Code, or any other provision of law, even if such activity occurred before the date of enactment of this Act. This provision applies solely to persons who traded exclusively in marijuana, marihuana as defined in 21 U.S.C. 802(16) , or tetrahydrocannabinols rather than other substances controlled under the Controlled Substances Act. This provision applies to each and every organ of the Federal Government. This provision does not apply to acts or transaction occurring after the passage of this Act that are not in compliance with this Act and other applicable laws. This provision does not apply to persons that are or were merely the instrumentality of a foreign agent, drug cartel , or power. This provision does not apply specifically to convictions or sentences of an offense of operating a motor vehicle under the influence of a drug or alcohol within the meaning of title 18 of the United States Code, section 13(b), an offense of operating or being in actual physical control of a motor vehicle within the meaning of title 36, section 4.23 of the Code of Federal Regulations, or drunken or reckless operation of a vehicle, aircraft or vessel within the meaning of article 111 of the Uniform Code of Military Justice, title 10 of the United States Code, section 911. Notwithstanding any other provision of law, the provisions of this subsection

(d)shall apply to proceedings involving military courts, tribunals, courts-martial, and offenses under the Uniform Code of Military Justice. Former servicemembers and veterans that received other than honorable, bad conduct, or dishonorable discharges premised solely on nonviolent cannabis offenses covered under this subsection

(d)shall be entitled to petition and receive from a service branch discharge review board or the Board of Correction for Military Records, as jurisdictionally appropriate, an upgrade to a general discharge. Subsection

(c)of 18 U.S.C. 3607 is amended— by adding

(1)before If ; by adding the following after thereof : Not later than 1 year after the date of the enactment of this Act, each Federal district shall conduct a comprehensive review and issue an order expunging, without financial commitment from the offender, each conviction or adjudication for any Federal offense involving marijuana, marihuana as defined in 21 U.S.C. 802(16) , or tetrahydrocannabinols, including related nonviolent marihuana offenses, entered by each Federal court in the district before the date of enactment of this Act. Each Federal court shall also issue an order expunging any arrests associated with each expunged conviction or adjudication. The expungement order shall direct that there be expunged from all official records all references to his or her arrest for the offense, the institution of criminal proceedings against him, and the results thereof. ; and by adding

(3)before The. .

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