119-hr2935

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2935 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 2935

 To establish a Commission on the Federal Regulation of Cannabis to 
 study a prompt and plausible pathway to the Federal regulation of 
 cannabis, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 17, 2025

 Mr. Joyce of Ohio (for himself, Mr. Jeffries, and Mr. Miller of Ohio) 
 introduced the following bill; which was referred to the Committee on 
 Energy and Commerce, and in addition to the Committees on the 
 Judiciary, Ways and Means, Agriculture, and Financial Services, 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 establish a Commission on the Federal Regulation of Cannabis to 
 study a prompt and plausible pathway to the Federal regulation of 
 cannabis, 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 ``Preparing Regulators Effectively for 
a Post-prohibition Adult-use Regulated Environment Act of 2025'' or the 
``PREPARE Act of 2025''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Cannabis was federally legal in the United States until 
 1937.

    (2) Cannabis was federally prohibited to codify 
 discriminatory practices against minority communities.

    (3) Medical cannabis prohibition was established despite 
 objection from the American Medical Association.

    (4) 38 States and the District of Columbia have legalized 
 cannabis for medical purposes.

    (5) 21 States and the District of Columbia have legalized 
 cannabis for adult use.

    (6) Despite the Federal Government collecting revenue from 
 the sale of cannabis, individuals are still criminally 
 persecuted for its use.

    (7) Cannabis research, including research on medical uses, 
 product safety, and impairment standards, is severely hindered 
 and made nearly impossible by its schedule 1 classification.

    (8) Cannabis should remain an adult product aside from the 
 physician prescribed treatment of minors.

    (9) Cannabis has proven medically beneficial for patients 
 suffering from pain, cancer, post-traumatic stress disorder, 
 seizure disorders, and multiple sclerosis, among other 
 diseases.

    (10) Since 2003, the United States Government by way of the 
 Department of Health and Human Services has held a patent for 
 medical cannabis as an antioxidant and neuroprotectant.

    (11) While the United States remains trapped in antiquated 
 cannabis regulations, other nations and scientific competitors, 
 including the United Kingdom, Canada, South Korea, Germany, and 
 Israel have modified their laws to allow for varying degrees of 
 cannabis legality and medical research.

SEC. 3. PURPOSE.

 The President and Congress shall prepare the Federal Government for 
an inevitable and prompt end to Federal marihuana prohibition by 
establishing a commission to advise on the development of a regulatory 
framework with respect to marihuana regulation, including accounting 
for the different characteristics of communities, agencies, and 
industries impacted by Federal marihuana prohibition. Such regulatory 
framework shall be modeled after Federal and State regulatory 
frameworks with respect to alcohol.

SEC. 4. COMMISSION ESTABLISHMENT AND MEMBERSHIP.

    (a) Establishment.--Not later than 30 days after the date of the 
enactment of this Act, the Attorney General shall establish a 
commission to be known as the ``Commission on the Federal Regulation of 
Cannabis'' (in this Act referred to as the ``Commission'') to study a 
plausible and prompt pathway to cannabis regulation.

    (b) Duties of Commission.--

    (1) Proposal of measures.--The Commission shall propose 
 measures to alleviate and remedy--
        (A) the impact of cannabis criminalization, 
 particularly on minority, low income, and veteran 
 communities;
        (B) the lack of access to the financial service 
 sector for cannabis entrepreneurs and their affiliated 
 industries;
            (C) the lack of access to cannabis related 
 research, including research on medical uses and the 
 effects of impairment;
            (D) the lack of access to medical cannabis and 
 research, particularly with respect to Federal 
 agencies;
        (E) the lack of medical cannabis training at 
 publicly funded medical training centers;
        (F) the lack of consistent regulations for cannabis 
 product and safety, use, and labeling requirements, 
 including requirements to protect youth and reduce 
 harms to youth;
        (G) the lack of efficient cannabis revenue 
 reporting and collecting, including efficient and 
 tenable Federal revenue frameworks;
        (H) the lack of guidance for cannabis crop 
 production, sale, intrastate, interstate, and 
 international trade;
            (I) the lack of guidance regarding the successful 
 coexistence of individual hemp and cannabis industries, 
 including prevention of cross pollination of cannabis 
 and hemp products; and
        (J) any other barriers to Federal cannabis 
 legalization identified by the Commission.

    (2) Public comment; public witness; reports.--
        (A) Comment period.--Not later than 60 days after 
 the date of the enactment of this Act, the Commission 
 shall solicit comment with respect to the regulation of 
 cannabis from industry stakeholders, criminal justice 
 reform advocates, substance use advocates, healthcare 
 experts, State cannabis regulators, the Department of 
 Justice of each State or Tribal government, and the 
 public.
        (B) Public witness hearing.--
            (i) In general.--Not later than 180 days 
 after the date of the enactment of this Act, 
 the Commission shall convene a witness hearings 
 and solicit written or verbal testimony from 
 participants in the cannabis industry. Such 
 hearings shall include--
            (I) not less than two unique 
 individuals or entities, who are not 
 employed by the Federal Government, and 
 represent a State legal operation that 
 is licensed by a single State to sell, 
 manufacture, produce, possess, 
 distribute, administer, or deliver 
 cannabis;
            (II) not less than two unique 
 individuals or entities, who are not 
 employed by the Federal Government, and 
 represent a State legal operation with 
 a multi-State presence that is licensed 
 by such States to sell, manufacture, 
 produce, possess, distribute, 
 administer, or deliver cannabis;
            (III) an individual who was 
 convicted and incarcerated by the 
 Federal Government for a non-violent 
 offense with respect to cannabis; and
            (IV) an individual who was 
 convicted and incarcerated by a State 
 for a non-violent offense with respect 
 to cannabis.
            (ii) Rule of construction.--Nothing in this 
 section shall be construed to limit the 
 Commission's authority to include additional 
 participants at the public witness hearing. if 
 the participants referred to under clause
            (i) are included.
            (iii) Public availability.--Written and 
 verbal testimony under clause
            (i) shall be made 
 publicly available in the final recommendations 
 published under paragraph

    (5) .

    (3) Initial report and recommendations.--Not later than 120 
 days after the date of the enactment of this Act, the 
 Commission shall publish initial findings and recommendations 
 pursuant to subsection

    (b) , including an identification of 
 barriers to and suggestions for regulating cannabis in a way 
 that is similar to the regulation of alcohol with respect to 
 the rights of States, Tribal Governments, and the Federal 
 Government, on the internet website of the Department of 
 Justice.

    (4) Additional public comment period.--Beginning 120 days 
 after the date of the enactment of this Act, the Commission 
 shall solicit additional public comment from stakeholders 
 identified pursuant to paragraph

    (2)
        (A) with respect to the 
 initial recommendations published pursuant to paragraph

    (3) .

    (5) Final recommendations.--Not later than one year after 
 the date of the enactment of this Act, the Commission shall 
 publish a report including findings and recommendations 
 pursuant to subsection

    (b) , including an identification of 
 barriers to and suggestions for regulating cannabis in a way 
 that is similar to the regulation of alcohol, on the internet 
 website of the Department of Justice.
            (c) Membership.--The Commission shall be composed of the following 
members:

    (1) The majority leader of the Senate shall appoint one 
 member who is not employed by the Federal Government and was 
 formerly incarcerated for a non-violent crime with respect to 
 cannabis use or possession.

    (2) The minority leader of the Senate shall appoint one 
 member who is not employed by the Federal Government and is an 
 expert in substance abuse prevention.

    (3) The minority leader of the House of Representatives 
 shall appoint one member who is not employed by the Federal 
 Government and is an expert in the history of cannabis 
 criminalization and the impact of criminalization on various 
 communities, particularly minorities, medical patients, and 
 veterans.

    (4) The majority leader of the House of Representatives 
 shall appoint one member who is not employed by the Federal 
 Government and who is medically licensed with substantial 
 knowledge and demonstrated research into cannabis use and 
 medical treatments.

    (5) The Attorney General shall appoint one member from the 
 Department of Justice, who is an expert in the history of 
 cannabis criminalization and the impact of criminalization on 
 various communities, particularly minorities, medical patients, 
 and veterans.

    (6) The Director of the Bureau of Alcohol, Tobacco, 
 Firearms and Explosives.

    (7) The Director of the National Highway Traffic Safety 
 Administration.

    (8) The Secretary of Education shall appoint one member 
 from the Department of Education who is an expert in prevention 
 of youth access to alcohol and tobacco.

    (9) The Director of Occupational Safety and Health 
 Administration.

    (10) The Secretary of Agriculture shall appoint one member 
 from the Department of Agriculture who is an expert on cannabis 
 and hemp cultivation.

    (11) The Commissioner of the Food and Drug Administration.

    (12) The Director of the Alcohol and Tobacco Tax and Trade 
 Bureau.

    (13) The Commissioner of the Internal Revenue Service.

    (14) The United States Trade Representative.

    (15) The Secretary of Commerce shall appoint one member 
 from the Department of Commerce who is an expert on regulated 
 goods in interstate commerce.

    (16) The Secretary of Health and Human Services shall 
 appoint one member from the Department of Health and Human 
 Services who is an expert on medical cannabis use and access.

    (17) The Director of the National Institutes of Health.

    (18) The Secretary of the Veterans Affairs shall appoint 
 one member from the Department of Veterans Affairs with 
 knowledge of treatments for pain management and post-traumatic 
 stress disorder and for providing patients with affordable 
 treatment options.

    (19) The Deputy Secretary of the Interior.

    (20) The Administrator of the Small Business Administration 
 shall appoint one member from the Small Business Administration 
 who is an expert in creating industry access for historically 
 marginalized communities.

    (21) The Director of the National Institute of Standards 
 and Technology.

    (22) The Secretary of Housing and Urban Development.

    (23) The Secretary of Labor.

    (24) The Secretary of the Treasury.

    (25) The Director of the Office of National Drug Control 
 Policy.

    (26) The Director of the Office of Minority Health.

    (27) The Director of Indian Health Service.

    (28) One representative from a trade organization or other 
 non-profit entity with members from multiple, highly regulated 
 adult goods and consumer package goods, appointed by the 
 Attorney General.

    (29) Two representatives who have worked on a State 
 cannabis control commission to develop two successful, 
 separate, and unique State-level regulatory systems, appointed 
 by the Attorney General.
            (d) Leadership.--

    (1) Chairperson.--The Chairperson shall be elected by the 
 members of the Commission at the first meeting of the 
 Commission.

    (2) Secretary.--The Secretary shall be elected by the 
 members of the Commission at the first meeting of the 
 Commission.

    (3) Vacancies.--A vacancy in the Chairperson or Secretary 
 position shall be filled in the manner in which the original 
 appointment was made by the remaining members of the 
 Commission.

    (e) Membership by Political Party.--If after the Commission is 
appointed there is a partisan imbalance of Commission members, the 
congressional leaders of the political party with fewer members on the 
Commission shall jointly name additional members to create partisan 
parity on the Commission.

    (f) Appointments; Removals; Vacancies.--

    (1) Timing of appointments.--Each initial appointment to 
 the Commission shall be made no later than 30 days after the 
 Commission is established. If any appointing authorities fail 
 to appoint a member to the Commission, their appointment shall 
 be made by the Attorney General.

    (2) Removal.--A member of the Commission may be removed 
 from the Commission at any time by the appointing authority 
 should the member fail to meet Commission attendance 
 requirement pursuant to subsection

    (g) .

    (3) Vacancies.--A vacancy in the Commission shall be filled 
 in the manner in which the original appointment was made prior 
 to the date of the Commission's next meeting.

    (g) Meeting Requirements.--

    (1) First meeting.--The Commission shall have its first 
 meeting no later than 90 days after the date of the enactment 
 of this Act.

    (2) Quarterly meetings.--The Commission shall meet 
 quarterly. In addition to all quarterly meetings, the 
 Commission shall meet at other times at the call of the 
 Chairperson or as determined by a majority of Commission 
 members.

    (3) Quorum; rule for voting on final actions.--A majority 
 of the members of the Commission constitute a quorum, and an 
 affirmative vote of a majority of the members present is 
 required to issue recommendations.

    (4) Attendance by members.--Members are expected to attend 
 all Commission meetings. In the case of an absence, members are 
 expected to report to the Chairperson prior to the meeting and 
 allowance may be made for an absent member to participate 
 remotely. Members are responsible for fulfilling prior 
 commitments, regardless of attendance status. If a member is 
 absent two times in a given year, he or she will be reviewed by 
 the Chairperson and appointing authority and further action 
 will be considered, including removal and replacement on the 
 Commission.

    (h) Minutes.--Minutes shall be taken at each meeting by the 
Secretary, or in that individual's absence, the Chairperson shall 
select another Commission member to take minutes during that absence.
            (i) Administrative Requirements.--The Attorney General shall 
provide staff and administrative support to the Commission. All 
entities of the United States Government shall provide information that 
is otherwise a public record at the request of the Commission.

    (j) No Rulemaking Authority.--The Commission shall not have 
rulemaking authority.

    (k) Prohibition of Compensation.--

    (1) Federal employees.--Members of the Commission who are 
 full-time officers or employees of the United States may not 
 receive additional pay, allowances, or benefits by reason of 
 their service on the Commission.

    (2) Other members.--Members of the Commission who are not 
 full-time officers or employees of the United States may not 
 receive additional pay, allowances, or benefits by reason of 
 their service on the Commission.
            (l) === Definitions. ===
-In this Act:

    (1) Cannabis.--The term ``cannabis'' has the meaning given 
 the term ``marihuana'' in 

section 102 of the Controlled 
 Substances Act (21 U.S.C. 802).

    (2) State.--The term ``State'' includes the District of 
 Columbia, the Commonwealth of Puerto Rico, and any territory or 
 possession of the United States.

    (3) State cannabis control commission.--The term ``State 
 cannabis control commission'' means any State commission, 
 bureau, board, department, office, agency, division, or 
 authority responsible for the regulation of the State's legal 
 medical and recreational cannabis program.

    (4) Tribal government.--The term ``Tribal government'' 
 means the recognized governing body of any Indian or Alaska 
 Native tribe, band, nation, pueblo, village, community, 
 component band, or component reservation, individually 
 identified (including parenthetically) in the list published 
 most recently as of the date of enactment of this paragraph 
 pursuant to 

section 104 of the Federally Recognized Indian 
 Tribe List Act of 1994 (25 U.S.C. 5131).
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