,i #aacth ,,congress #ast ,session ,h4 ,r4 #dii ,,in ,,the ,,house ,,of ,,representatives ,february #e1 #bjac ,mr4 ,polis 7for himself1 ,mr4 ,blumenauer1 ,mr4 ,cohen1 ,ms4 ,lee of ,california1 ,ms4 ,schakowsky1 ,mr4 ,nadler1 ,mr4 ,huffman1 ,mr4 ,honda1 ,mr4 ,moran1 and ,ms4 ,norton7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,energy and ,commerce1 ,ways and ,means1 ,natural ,resources1 and ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to decriminalize marijuana at the ,federal level1 to leave to the ,states a power to regulate marijuana that is similar to the power they have to regulate alcohol1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ending ,federal ,marijuana ,prohibition ,act of #bjac4 ,i ,amendments to decriminalize marijuana at the ,federal level #aja4 ,decriminalization of marijuana 7a7 ,removal from schedule of controlled substances ,notwithstanding any other provision of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,attorney ,general shall1 not later than #fj days after the date of the enactment of this ,act1 issue a final order that removes marijuana in any form from all schedules under section #bjb7;c7 of that ,act 7#ba ,u4,s4,c4 #hab7;c774 7b7 ,conforming amendment ,to remove legislative deadwood ,subsection 7c7 of section #bjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 is amended to read as follows3 7c7 ,cross reference to schedules of ,controlled ,substances ,schedules ,i1 ,,ii1 ,,iii1 ,,iv1 and ,v shall consist of the drugs and other substances 7by whatever official name1 common or usual name1 chemical name1 or brand name designated7 that are set forth in the respective schedules in part #acjh of title #ba1 ,code of ,federal ,regulations1 as they may be amended from time to time1 or in any successor regulation4 4 #ajb4 ,application of the ,controlled ,substances ,act and ,controlled ,substances ,import and ,export ,act to marijuana ,part ,a of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended by adding at the end the following3 #ajc4 ,application to marihuana 7a7 ,general nonapplication ,except as provided in this section1 this title and title ,,iii do not apply to marihuana4 7b7 ,exception3 prohibition on certain transportations and shipments ,it shall be unlawful to ship or transport marihuana from any place outside a ,state1 territory1 or district of the ,united ,states1 or other place noncontiguous to but subject to the jurisdiction of the ,united ,states1 into that ,state1 territory1 or district of the ,united ,states1 or place1 when such marihuana is intended by any person interested therein to be received1 possessed1 sold1 or in any manner used1 in violation of any law of such ,state1 territory1 district1 or place4 7c7 ,penalty ,whoever knowingly violates subsection 7b7 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than one year1 or both4 4 #ajc4 ,conforming and ancillary amendments 7a7 ,modification of definition of felony drug offense ,section #ajb7dd7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7dd77 is amended by striking marihuana14 7b7 ,elimination of marijuana penalty provisions ,part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 is amended-- 7#a7 in section #dja-- 7,a7 by striking subsection 7b77#a77;,a77vii72 7,b7 by striking subsection 7b77#a77;,b77vii72 7,c7 by striking subsection 7b77#a77;,d72 and 7,d7 by striking subsection 7b77#d72 7#b7 in section #djb7;c77#b77;,b71 by striking marihuana12 7#c7 in section #djc7;d77#a71 by striking marihuana12 7#d7 in section #dah7;a71 by striking the last sentence2 7#e7 in section #dai7;a71 by striking the last sentence2 7#f7 in section #dbb7;d71 in the matter preceding paragraph 7#a71 by striking marijuana12 and 7#g7 in section #dbb7;d77#e71 by striking 1 such as a marihuana cigarette14 7c7 ,removal of prohibition on import and export ,section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended-- 7#a7 by striking subparagraph 7,g7 of subsection 7b77#a72 7#b7 by striking subparagraph 7,g7 of subsection 7b77#b72 and 7#c7 by striking paragraph 7#d7 of subsection 7b74 7d7 ,limiting the application of the ,national ,forest ,system ,drug ,control ,act of #aihf to controlled substances other than marijuana ,the ,national ,forest ,system ,drug ,control ,act of #aihf is amended-- 7#a7 in section #aejjb7;a7 7#af ,u4,s4,c4 #eei;b7a77 by striking marijuana and other2 7#b7 in section #aejjc7b7 7#af ,u4,s4,c4 #eei;c7#b77 by striking marijuana and other2 and 7#c7 in section #aejjd7b7 7#af ,u4,s4,c4 #eei;d7#b77 by striking marijuana and other4 7e7 ,interception of communications ,section #beaf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7#a77;e71 by striking 8marihuana102 and 7#b7 in subsection 7#b7 by striking 8marihuana104 7f7 ,national youth anti-,drug media campaign ,section #gji of the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih 7#ba ,u4,s4,c4 #agjh7 is amended by striking subsection 7j7 7relating to prevention of marijuana use74 ,,ii ,federal ,marijuana ,licensing and ,related ,matters #bja4 ,federal marijuana administration ,the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq47 is amended by adding at the end the following3 ,,iii ,marijuana #cja4 ,unlawful businesses without marijuana permit 7a7 ,import ,it shall be unlawful1 except pursuant to a permit issued under this title by the ,secretary of the ,treasury 7hereinafter in this title referred to as the ,secretary7-- 7#a7 to engage in the business of importing marijuana into the ,united ,states2 or 7#b7 for any person so engaged to sell1 offer or deliver for sale1 contract to sell1 or ship1 in interstate or foreign commerce1 directly or indirectly or through an affiliate1 marijuana so imported4 7b7 ,manufacture and sale ,it shall be unlawful1 except pursuant to a permit issued under this title by the ,secretary-- 7#a7 to engage in the business of cultivating1 producing1 manufacturing1 packaging1 or warehousing marijuana2 or 7#b7 for any person so engaged to sell1 offer or deliver for sale1 contract to sell1 or ship1 in interstate or foreign commerce1 directly or indirectly or through an affiliate1 marijuana so cultivated1 produced1 manufactured1 packaged1 or warehoused4 7c7 ,resale ,it shall be unlawful1 except pursuant to a permit issued under this title by the ,secretary-- 7#a7 to engage in the business of purchasing marijuana for resale at wholesale2 or 7#b7 for any person so engaged to receive or to sell1 offer or deliver for sale1 contract to sell1 or ship1 in interstate or foreign commerce1 directly or indirectly or through an affiliate1 marijuana so purchased4 7d7 ,remedies for violations 7#a7 ,criminal fine 7,a7 ,generally ,whoever violates this section shall be fined not more than #ajjj4 7,b7 ,settlement in compromise ,the ,secretary may decide not to refer a violation of this section to the ,attorney ,general for prosecution but instead to collect a payment from the violator of no more than #ejj for that violation4 7#b7 ,civil ,action for relief ,the ,attorney ,general may1 in a civil action1 obtain appropriate relief to prevent and restrain a violation of this title4 #cjb4 ,procedure for issuance of marijuana permits 7a7 ,who entitled to permit 7#a7 ,generally ,the ,secretary shall issue a permit for operations requiring a permit under section #cja unless the ,secretary finds that-- 7,a7 the applicant 7or if the applicant is a corporation1 any of its officers1 directors1 or principal stockholders7 has been convicted of a disqualifying offense2 7,b7 the applicant is1 by reason of business experience1 financial standing1 or trade connections1 not likely to commence operations within a reasonable period or to maintain such operations in conformity with ,federal law2 or 7,c7 the operations proposed to be conducted by the applicant are in violation of the law of the ,state in which they are to be conducted4 7#b7 ,disqualifying offenses ,for the purposes of paragraph 7#a73 7,a7 ,generally ,except as provided in subparagraph 7,b7 a disqualifying offense is an offense related to the production1 consumption1 or sale of marijuana that is-- 7i7 a felony under ,federal or ,state law1 if the conviction occurred not later than #e years before the date of the application2 or 7ii7 a misdemeanor under ,federal law1 if the conviction occurred not later than #c years before the date of the application4 7,b7 ,excluded offenses ,a disqualifying offense does not include a ,federal or ,state offense based on conduct that-- 7i7 was legal under ,state law in the ,state when and where the conduct took place1 or 7ii7 is1 as of the date of the application1 no longer an offense in that ,state4 7b7 ,refusal of permit2 hearing ,if upon examination of any application for a permit the ,secretary has reason to believe that the applicant is not entitled to such permit1 the ,secretary shall so notify the applicant and1 upon request by the applicant1 afford the applicant due notice and opportunity for hearing on the application4 ,if the ,secretary1 after affording such notice and opportunity for hearing1 still finds that the applicant is not entitled to a permit hereunder1 the ,secretary shall by order deny the application stating the findings which are the basis for the order4 7c7 ,form of application 7#a7 ,generally ,the ,secretary shall-- 7,a7 prescribe the manner and form of applications for permits under this title 7including the facts to be set forth in the application72 7,b7 prescribe the form of such permits2 7,c7 specify in any permit the authority conferred by the permit and the conditions of that permit in accordance with this title4 7#b7 ,separate types of applications and permits ,to the extent deemed necessary by the ,secretary for the efficient administration of this title1 the ,secretary may require separate applications and permits with respect to the various classes of marijuana1 and with respect to the various classes of persons entitled to permits under this title4 7#c7 ,disclaimer ,the issuance of a permit under this title does not deprive the ,united ,states of any remedy for a violation of law4 7d7 ,conditions ,a permit under this title shall be conditioned upon-- 7#a7 compliance with all other ,federal laws relating to production1 sale and consumption of marijuana1 as well as compliance with all ,state laws relating to said activities in the ,state in which the permit applicant resides and does business2 and 7#b7 payment to the ,secretary of a reasonable permit fee in an amount determined by the ,secretary to be sufficient over time to offset the cost of implementing and overseeing all aspects of marijuana regulation by the ,federal ,government4 7e7 ,revocation1 suspension1 and annulment 7#a7 ,generally ,after due notice and opportunity for hearing1 the ,secretary may order a permit under this title-- 7,a7 revoked or suspended for such period as the ,secretary deems appropriate1 if the ,secretary finds that the permittee has willfully violated any of the conditions of the permit1 but for a first violation of the conditions the permit shall be subject to suspension only2 7,b7 revoked if the ,secretary finds that the permittee has not engaged in the operations authorized by the permit for a period of more than two years2 or 7,c7 annulled if the ,secretary finds that the permit was procured through fraud1 or misrepresentation1 or concealment of material fact4 7#b7 ,order to state basis for order ,the order shall state the findings which are the basis for the order4 7f7 ,service of orders ,each order of the ,secretary with respect to any denial of application1 suspension1 revocation1 annulment1 or other proceedings1 shall be served-- 7#a7 in person by any officer or employee of the ,secretary designated by him or any internal revenue or customs officer authorized by the ,secretary for the purpose2 or 7#b7 by mailing the order by registered mail1 addressed to the applicant or respondent at his last known address in the records of the ,secretary4 7g7 ,duration 7#a7 ,general rule ,except as otherwise provided in this subsection1 a permit issued under this title shall continue in effect until suspended1 revoked1 or annulled as provided in this title1 or voluntarily surrendered4 7#b7 ,effect of transfer ,if operations under a permit issued under this title are transferred1 the permit automatically terminates #cj days after the date of that transfer1 unless an application is made by the transferee before the end of that period for a permit under this title for those operations4 ,if such an application is made1 the outstanding permit shall continue in effect until such application is finally acted on by the ,secretary4 7#c7 ,definition of transfer ,for the purposes of this section1 the term transfer means any change of ownership or control1 whether voluntary or by operation of law4 7h7 ,judicial review ,a permittee or applicant for a permit under this title may obtain judicial review under chapter #g of title #e chapter1 ,united ,states ,code1 of the denial of the application of that applicant or1 in the case of a permittee1 the denial of an application by the transferee of that permittee4 7i7 ,statute of limitations ,no proceeding for the suspension or revocation of a permit for violation of any condition thereof relating to compliance with ,federal law shall be instituted by the ,secretary more than #ah months after conviction of the violation of ,federal law1 or1 if no conviction has been had1 more than #c years after the violation occurred2 and no permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of ,federal law has been compromised by any officer of the ,government authorized to compromise such violation4 #cjc4 ,definitions ,in this title-- 7#a7 the term marijuana has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 and 7#b7 the term ,state includes the ,district of ,columbia1 ,puerto ,rico1 and any territory or possession of the ,united ,states4 4 #bjb4 ,addition of marijuana to certain legal authorities relating to intoxicating liquors 7a7 ,wilson ,act ,the ,act of ,august #h1 #ahij 7commonly known as the ,wilson ,act or the ,original ,packages ,act2 #bg ,u4,s4,c4 #aba7 is amended by inserting or marijuana after intoxicating liquors or liquids4 7b7 ,webb-,kenyon ,act ,the ,act of ,march #a1 #aiac 7commonly known as the ,webb-,kenyon ,act2 #bg ,u4,s4,c4 #abb7 is amended by inserting 1 or marijuana after intoxicating liquor both places it appears4 7c7 ,victims of ,trafficking and ,violence ,protection ,act of #bjjj ,section #b of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bg ,u4,s4,c4 #abb;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,the term marijuana has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 2 and 7#b7 in subsections 7b7 and 7c71 by inserting or marijuana after intoxicating liquor each place it appears4 7d7 ,federal ,alcohol ,administration ,act ,section #c of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bjc7 is amended-- 7#a7 by inserting marijuana1 before distilled spirits each place it appears 7except in subsection 7b77#a772 and 7#b7 in paragraph 7b77#a7 by inserting manufacturing and distribution of marijuana1 after the business of14 ,,iii ,other ,amendments ,relating to ,federal ,authority ,regarding ,marijuana #cja4 ,food and ,drug ,administration ,the ,food and ,drug ,administration shall have the same authorities with respect to marijuana as the ,administration has with respect to alcohol4 #cjb4 ,transferring agency functions with regard to marijuana 7a7 ,transfer of jurisdiction from ,drug ,enforcement ,administration to ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives ,the functions of the ,attorney ,general1 acting through the ,administrator of the ,drug ,enforcement ,administration relating to marijuana enforcement1 shall hereafter be administered by the ,attorney ,general1 acting through the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives4 7b7 ,redesignation of ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives as ,bureau of ,alcohol1 ,tobacco1 ,marijuana1 ,firearms and ,explosives 7#a7 ,redesignation ,the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives is hereby renamed the ,bureau of ,alcohol1 ,tobacco1 ,marijuana1 ,firearms and ,explosives4 7#b7 ,references ,any reference to the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in any law1 regulation1 map1 document1 record1 or other paper of the ,united ,states shall be deemed to be a reference to the ,bureau of ,alcohol1 ,tobacco1 ,marijuana1 ,firearms and ,explosives4 7c7 ,redesignation of ,alcohol and ,tobacco ,tax and ,trade ,bureau as ,alcohol1 ,tobacco1 and ,marijuana ,tax and ,trade ,bureau 7#a7 ,redesignation ,the ,alcohol and ,tobacco ,tax and ,trade ,bureau is hereby renamed the ,alcohol1 ,tobacco1 and ,marijuana ,tax and ,trade ,bureau4 7#b7 ,references ,any reference to the ,alcohol and ,tobacco ,tax and ,trade ,bureau in any law1 regulation1 map1 document1 record1 or other paper of the ,united ,states shall be deemed to be a reference to the ,alcohol1 ,tobacco1 and ,marijuana ,tax and ,trade ,bureau4 #cjc4 ,comptroller ,general ,review of laws and regulations ,the ,comptroller ,general shall conduct a review of ,federal laws1 regulations1 and policies to determine if any changes in them are desirable in the light of the purposes and provisions of this ,act4 ,not later than #b years after the date of the enactment of this ,act the ,comptroller ,general shall make to ,congress and the relevant agencies such recommendations relating to the results of that review as the ,comptroller ,general deems appropriate4 #cjd4 ,construction ,neither this ,act nor any amendment made by this ,act shall be construed to affect ,federal drug testing policies4