Sec. 206. Transition safe harbor and administrative remedies
263 words·~1 min read·
/bill/117/hr/5977/ih/section-206·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No person shall be deemed to be in violation of this Act for engaging in interstate commerce in cannabis products or designated State medical cannabis products, possessing cannabis products or designated State medical cannabis products, producing or manufacturing cannabis products or designated State medical cannabis products, or farming raw cannabis, until after the Secretary of the Treasury promulgates final regulations in accordance with this Act. Nothing in this section shall be construed to impact in any respect obligations of any person to comply with otherwise applicable cannabis laws of the State, Territory, or Possession of the United States in which they are doing business before the effective date of this Act.
Any State-licensed cannabis business or adversely affected person shall have private right of action under the Administrative Procedure Act ( 5 U.S.C. 500 et seq. ) and the Mandamus Act ( 28 U.S.C. 1361 ) to compel any officer, employee or agency of the United States to promulgate regulations required under this Act that are not promulgated within the time frames set forth herein or to enjoin agency action. The exclusive venue for bringing any such action shall be the District Court for the District of Columbia.
Upon demonstration of undue delay or failure to adhere strictly to statutory deadlines, equitable relief in the form of a writ of mandamus compelling action shall issue, among such other relief as the court may see fit. The term State as used in this section 206 includes the District of Columbia, Puerto Rico, and any commonwealth, territory, enclave, or Indian tribe of the United States.
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