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

1,307 words·~6 min read·/bill/118/hr/6028/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, ; in section 503 (21 U.S.C. 24 873(a)(5) and (6)), by striking controlled substances each place the term appears and inserting controlled substances and marihuana, ; 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 375(7)(C) of title 15, United States Code, is amended by adding at the end the following: Electronic cannabis delivery systems are devices that are intended for the exclusive use with cannabis. The term electronic cannabis delivery system means an electronic device that delivers a designated State medical cannabis products within the meaning of the Federal Food Drug and Cosmetic Act or a cannabis product within the meaning of title III of the Federal Alcohol Administration Act, via an aerosolized or vaporized solution to the user inhaling from the device, and any component, liquid, part, or accessory of such a device, whether or not sold separately. Electronic cannabis delivery systems shall be labeled NOT FOR USE WITH TOBACCO OR NICOTINE. . The sale of electronic cannabis delivery systems, via in-person or e-commerce platforms, shall be subject to age-gate measures to ensure the sale of these devices are to appropriate age populations. Electronic cannabis delivery systems are independent to that of electronic delivery systems used with tobacco and tobacco-related substances referred to as electronic nicotine delivery systems (ENDS). A cannabis product within the meaning of title III of the Federal Alcohol Administration Act shall be treated like an alcoholic beverage for the purposes of mailability and age-gate measures mentioned in section (D). A designated State medical cannabis product within the meaning of the Federal Food Drug and Cosmetic Act, shall be treated like similar FDA-regulated therapeutics, therapeutic devices, or drugs for the purposes of mailability and age-gate measures mentioned in section (D). The Postmaster General may require a declaration from a shipper of such cannabis products, designated State medical cannabis products, or components, liquids, parts, or accessories that is sold separately from the device is not intended for use in a nicotine or tobacco product. .

Connectionstraces to 16

Traces to 16 documents

U.S. Code