119-hr2934

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2934 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2934

 To amend the Controlled Substances Act to provide for a new rule 
 regarding the application of the Act to marijuana, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 17, 2025

 Mr. Joyce of Ohio (for himself, Mr. Miller of Ohio, and Ms. Titus) 
 introduced the following bill; which was referred to the Committee on 
 Energy and Commerce, and in addition to the Committees on the 
 Judiciary, and Transportation and Infrastructure, 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 amend the Controlled Substances Act to provide for a new rule 
 regarding the application of the Act to marijuana, 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 ``Strengthening the Tenth Amendment 
Through Entrusting States 2.0 Act'' or the ``STATES 2.0 Act''.

SEC. 2. FINDINGS.

 The Congress finds the following:

    (1) States have vastly different visions for the role of 
 legal cannabis in their cities and counties. Some wish to see a 
 complete prohibition, while others believe cannabis should be 
 treated like alcohol. States should be empowered to determine 
 their own destiny for the cannabis markets. They should be able 
 to enact time, place, and manner restrictions that help to aid 
 small and craft businesses, impose regulations for health and 
 safety, keep cannabis businesses away from schools, and 
 generally fit with the character and values of the community.

    (2) While States have the power to determine what happens 
 within their own borders, they cannot make laws permitting or 
 restricting interstate commerce unilaterally. In the absence of 
 Federal movement, the illicit interstate trade in cannabis has 
 persisted even in the face of significant State policy changes. 
 The Federal Government should be responsible for regulating and 
 tracking this interstate trade to ensure cannabis does not end 
 up where it does not belong.

    (3) Today's illicit marijuana market represents 75 percent 
 of the known marijuana market.

    (4) Excessive taxation in licensed markets has caused the 
 price of legal marijuana products to exceed that of illegal 
 products by two to three times, contributing to the growth of 
 the illicit market.

    (5) Because of Federal restrictions on marijuana 
 activities, marijuana is currently regulated by a punitive tax 
 structure that harms the ability of licensed operators to sell 
 marijuana products, discourages new business creation and 
 growth, and perpetuates illicit markets.

    (6) A Federal regulatory program for marijuana should 
 require a framework that supports critical components such as 
 proper administration and oversight, consumer safety 
 protections, and enforcement.

    (7) The cost of such a program should fall on users of the 
 program through the establishment of a Federal excise tax. Such 
 a Federal marijuana tax should--
        (A) support a legal market, not illegal sales and 
 illicit activity;
        (B) be low enough to not exacerbate the level of 
 taxation set by States, thereby avoiding the pyramid 
 effect of adding Federal taxes on top of high State 
 taxes;
            (C) be administrable and allow for consistent and 
 timely collection by the Alcohol and Tobacco Tax and 
 Trade Bureau as primary regulator; and
            (D) offset the costs of executing the 
 administrative functions of a Federal regulatory 
 framework for marijuana, including requirements for 
 testing, enforcement and policing, youth prevention, 
 and substance abuse prevention and education.

    (8) States that legalize cannabis utilize less public 
 safety resources on cannabis arrests. This has allowed more 
 police resources to be devoted to violent and property crime as 
 well as more serious types of illicit substances.

SEC. 3. SENSE OF CONGRESS REGARDING FDA SUPPORT FOR TRIBAL SELF-
 DETERMINATION AND SELF-GOVERNMENT WITH RESPECT TO 
 MARIJUANA REGULATION.

 It is the sense of Congress that, with respect to the regulation of 
the manufacture, production, possession, distribution, dispensation, 
administration, or delivery of marijuana, the Food and Drug 
Administration should support--

    (1) self-determination and self-government by Indian tribes 
 (as defined in 

section 102 of the Federally Recognized Indian 
 Tribe List Act of 1994 (25 U.S.C. 5130)); and

    (2) the treaty rights of such Indian tribes.

SEC. 4. RULE REGARDING APPLICATION TO MARIJUANA.

 Part G of the Controlled Substances Act (21 U.S.C. 801 et seq.) is 
amended by adding at the end the following:

 ``rule regarding application to marijuana

 ``

Sec. 710.

    (a) States.--Notwithstanding any other provision of 
law, the provisions of this Act as applied to marijuana, except the 
provisions described in subsection
            (d) and except as provided in 
subsection

    (e) , shall not apply to any marijuana manufactured, 
produced, possessed, distributed, dispensed, administered, or delivered 
in compliance with State law relating to the manufacture, production, 
possession, distribution, dispensation, administration, or delivery of 
marijuana.
 ``

    (b) Indian Tribes.--Notwithstanding any other provision of law, 
the provisions of this Act related to marijuana, except the provisions 
described in subsection
            (d) and except as provided in subsection

    (e) , 
shall not apply to marijuana manufactured, produced, possessed, 
distributed, dispensed, administered, or delivered in compliance with 
the law of a federally recognized Indian Tribe relating to the 
manufacture, production, possession, distribution, dispensation, 
administration, or delivery of marijuana within its jurisdiction in 
Indian country, as defined in 

section 1151 of title 18, United States 
Code, so long as such jurisdiction is located within a State that 
permits, as applicable, the manufacture, production, possession, 
distribution, dispensation, administration, or delivery of marijuana.
 ``
            (c) Interstate Transportation.--
 ``

    (1) State law.--
 ``
        (A) In general.--No State or Indian Tribe may 
 prohibit the transportation or shipment of marijuana 
 through the State or the territory of the Indian Tribe, 
 as applicable, if the originating and destination 
 States or territories permit, as applicable, the 
 manufacture, production, possession, distribution, 
 dispensation, administration, or delivery of marijuana.
 ``
        (B) Rule of construction.--Subparagraph
        (A) shall 
 not be construed to limit the authority of an 
 originating or destination State or territory to impose 
 reasonable restrictions within its jurisdiction on the 
 manufacture, production, possession, distribution 
 dispensation, administration, or delivery of 
 marijuana--
 ``
            (i) through time, place, and manner 
 restrictions; or
 ``
            (ii) to protect public health and safety.
 ``

    (2) Federal law.--Notwithstanding any other provision of 
 law, the provisions of this title as applied to marijuana, 
 except the provisions described in subsection
            (d) and except as 
 provided in subsection

    (e) , shall not apply to any person 
 engaged in marijuana transportation or shipment between two 
 States which States permit, as applicable, the manufacture, 
 production, possession, distribution, dispensation, 
 administration, or delivery of marijuana.
 ``
            (d) Provisions Described.--The provisions described in this 
subsection are--
 ``

    (1) section 401

    (a)

    (1) , with respect to a violation of 
 

section 409 or 418;
 ``

    (2) section 409;
 ``

    (3) section 417; and
 ``

    (4) section 418.
 ``

    (e) Exception.--Subsections

    (a) through
            (c) shall not apply to 
any person who--
 ``

    (1) violates this title with respect to any controlled 
 substance other than marijuana;
 ``

    (2) knowingly or intentionally manufactures, produces, 
 possesses, distributes, dispenses, administers, or delivers any 
 marijuana in violation of the laws of the State or Indian Tribe 
 in which such manufacture, production, possession, 
 distribution, dispensation, administration, or delivery occurs; 
 or
 ``

    (3) employs or hires any person under 18 years of age to 
 manufacture, produce, distribute, dispense, administer, or 
 deliver marijuana.
 ``

    (f) Removal From Schedule.--
 ``

    (1) In general.--For the purposes of this title, 
 marijuana manufactured, produced, possessed, distributed, 
 dispensed, administered, or delivered in compliance with State 
 law or the law of a federally recognized Indian Tribe relating 
 to the manufacture, production, possession, distribution, 
 dispensation, administration, or delivery of marijuana shall be 
 deemed to be a substance that does not meet the requirements 
 for inclusion in any schedule.
 ``

    (2) Rules.--Not later than 180 days after the date of the 
 enactment of this Act, the Attorney General shall finalize a 
 rule under 

section 201

    (a)

    (2) executing paragraph

    (1) of this 
 subsection.
 ``

    (g) 

=== Definition. ===
-In this section, the term `Indian Tribe' has the 
meaning given to the term `Indian tribe' in 

section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).''.

SEC. 5. TRANSPORTATION SAFETY OFFENSES.

 

Section 409 of the Controlled Substances Act (21 U.S.C. 849) is 
amended--

    (1) in subsection

    (b) , in the matter preceding paragraph

    (1) --
        (A) by striking ``A person'' and inserting ``Except 
 as provided in subsection
            (d) , a person''; and
        (B) by striking ``subsection

    (b) '' and inserting 
 ``subsection
            (c) '';

    (2) in subsection
            (c) , in the matter preceding paragraph

    (1) --
        (A) by striking ``A person'' and inserting ``Except 
 as provided in subsection
            (d) , a person''; and
        (B) by striking ``subsection

    (a) '' and inserting 
 ``subsection

    (b) ''; and

    (3) by adding at the end the following:
 ``
            (d) Exception.--Subsections

    (b) and
            (c) shall not apply to any 
person who possesses, or possesses with intent to distribute marijuana 
in compliance with 

section 710.''.

SEC. 6. DISTRIBUTION TO PERSONS UNDER AGE 21.

 

Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--

    (1) in subsection

    (a) , in the first sentence, by inserting 
 ``and subsection
            (c) of this section'' after ``

section 419'';

    (2) in subsection

    (b) , in the first sentence, by inserting 
 ``and subsection
            (c) of this section'' after ``

section 419''; 
 and

    (3) by adding at the end the following:
 ``
            (c) Subsections

    (a) and

    (b) shall not apply to any person at 
least 18 years of age who distributes medicinal marijuana to a person 
under 21 years of age in compliance with 

section 710.''.

SEC. 7. REGULATION OF MARIJUANA PRODUCTS BY FOOD AND DRUG 
 ADMINISTRATION.

    (a) 

=== Definitions. ===
-

    (1) Marijuana product defined.--In this section, the term 
 ``marijuana product'' means any product made or derived from 
 marijuana that is intended for human or animal consumption, 
 including any component of marijuana (except for raw materials 
 other than such marijuana used in manufacturing a component of 
 such product).

    (2) Other 

=== definitions. ===
-In this section:
        (A) The term ``biological product'' has the meaning 
 given to that term in 

section 351
            (i) of the Public 
 Health Service Act (42 U.S.C. 262
            (i) ).
        (B) The term ``marijuana'' has the meaning given to 
 that term in 

section 102 of the Controlled Substances 
 Act (21 U.S.C. 802).
            (C) The terms ``cosmetic'', ``device'', ``dietary 
 supplement'', ``drug'', ``food'', and ``tobacco 
 product'' have the meanings given to such terms in 
 

section 201 of the Federal Food, Drug, and Cosmetic Act 
 (21 U.S.C. 321).

    (b) Drugs.--A marijuana product meeting the definition of a drug 
shall be treated as a drug for purposes of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.).
            (c) Food; Dietary Supplements.--The Secretary of Health and Human 
Services, acting through the Commissioner of Food and Drugs, shall have 
the same authorities under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) and other applicable law to regulate a marijuana 
product that is food or a dietary supplement as the Food and Drug 
Administration has with respect to food containing alcohol.
            (d) Cosmetics.--A marijuana product meeting the definition of a 
cosmetic shall be treated as a cosmetic for purposes of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

    (e) Other Products.--

    (1) In general.--A marijuana product that is not covered by 
 subsection

    (b) ,
            (c) , or
            (d) may be lawfully marketed pursuant 
 to regulations issued under paragraph

    (2) .

    (2) Regulation.--Not later than 180 days after the date of 
 enactment of this Act, the Secretary of Health and Human 
 Services, acting through the Commissioner of Food and Drugs, 
 shall promulgate a regulation with respect to marijuana 
 products described in paragraph

    (1) .

    (3) Contents.--The regulation under paragraph

    (2) shall 
 include requirements for--
        (A) contaminant testing;
        (B) manufacturing practices; and
            (C) marketing practices and postmarket reporting, 
 with special attention to preventing consumption by 
 youths.

    (4) No premarket approval required.--The regulation under 
 paragraph

    (2) shall not require premarket approval of marijuana 
 products described in paragraph

    (1) .

    (f) No Marketing in Combination With Certain Other Products.--A 
marijuana product marketed in combination with a drug, a biological 
product, a device, a tobacco product, or an alcohol product is deemed 
to be adulterated for purposes of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.).

SEC. 8. COMPTROLLER GENERAL STUDY ON EFFECTS OF MARIJUANA LEGALIZATION 
 ON TRAFFIC SAFETY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the effects of marijuana legalization on traffic 
safety.

    (b) Inclusions.--The study conducted under subsection

    (a) shall 
include a detailed assessment of--

    (1) traffic crashes, fatalities, and injuries in States 
 that have legalized marijuana use, including whether States are 
 able to accurately evaluate marijuana impairment in those 
 incidents;

    (2) actions taken by the States referred to in paragraph

    (1) to address marijuana-impaired driving, including any 
 challenges faced in addressing marijuana-impaired driving;

    (3) testing standards used by the States referred to in 
 paragraph

    (1) to evaluate marijuana impairment in traffic 
 crashes, fatalities, and injuries, including any scientific 
 methods used to determine impairment and analyze data; and

    (4) Federal initiatives aiming to assist States that have 
 legalized marijuana with traffic safety, including 
 recommendations for policies and programs to be carried out by 
 the National Highway Traffic Safety Administration.
            (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the results of the 
study conducted under subsection

    (a) .

SEC. 9. RULE OF CONSTRUCTION.

    (a) In General.--Conduct in compliance with this Act and the 
amendments made by this Act--

    (1) shall not be unlawful;

    (2) shall not constitute trafficking in a controlled 
 substance under 

section 401 of the Controlled Substances Act 
 (21 U.S.C. 841) or any other provision of law;

    (3) shall not constitute the basis for forfeiture of 
 property under 

section 511 of the Controlled Substances Act (21 
 U.S.C. 881) or 

section 981 of title 18, United States Code; and

    (4) shall not be subject to 

section 280E of the Internal 
 Revenue Code of 1986, relating to expenditures in connection 
 with the illegal sale of drugs.

    (b) Proceeds.--The proceeds from any transaction in compliance with 
this Act and the amendments made by this Act shall not be deemed to be 
the proceeds of an unlawful transaction under 

section 1956 or 1957 of 
title 18, United States Code, or any other provision of law.
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