,i #aaith ,,congress #ast ,session ,h4 ,r4 #bicd ,,in ,,the ,,house ,,of ,,representatives ,april #ag1 #bjbe,mr4 ,joyce of ,ohio 7for himself1 ,mr4 ,miller of ,ohio1 and ,ms4 ,titus7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on the ,judiciary1 and ,transportation and ,infrastructure1 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 amend the ,controlled ,substances ,act to provide for a new rule regarding the application of the ,act to marijuana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening the ,tenth ,amendment ,through ,entrusting ,states #b4j ,act or the ,,states #b4j ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,states have vastly different visions for the role of legal cannabis in their cities and counties4 ,some wish to see a complete prohibition1 while others believe cannabis should be treated like alcohol4 ,states should be empowered to determine their own destiny for the cannabis markets4 ,they should be able to enact time1 place1 and manner restrictions that help to aid small and craft businesses1 impose regulations for health and safety1 keep cannabis businesses away from schools1 and generally fit with the character and values of the community4 7#b7 ,while ,states have the power to determine what happens within their own borders1 they cannot make laws permitting or restricting interstate commerce unilaterally4 ,in the absence of ,federal movement1 the illicit interstate trade in cannabis has persisted even in the face of significant ,state policy changes4 ,the ,federal ,government should be responsible for regulating and tracking this interstate trade to ensure cannabis does not end up where it does not belong4 7#c7 ,today's illicit marijuana market represents #ge percent of the known marijuana market4 7#d7 ,excessive taxation in licensed markets has caused the price of legal marijuana products to exceed that of illegal products by two to three times1 contributing to the growth of the illicit market4 7#e7 ,because of ,federal restrictions on marijuana activities1 marijuana is currently regulated by a punitive tax structure that harms the ability of licensed operators to sell marijuana products1 discourages new business creation and growth1 and perpetuates illicit markets4 7#f7 ,a ,federal regulatory program for marijuana should require a framework that supports critical components such as proper administration and oversight1 consumer safety protections1 and enforcement4 7#g7 ,the cost of such a program should fall on users of the program through the establishment of a ,federal excise tax4 ,such a ,federal marijuana tax should-- 7,a7 support a legal market1 not illegal sales and illicit activity2 7,b7 be low enough to not exacerbate the level of taxation set by ,states1 thereby avoiding the pyramid effect of adding ,federal taxes on top of high ,state taxes2 7,c7 be administrable and allow for consistent and timely collection by the ,alcohol and ,tobacco ,tax and ,trade ,bureau as primary regulator2 and 7,d7 offset the costs of executing the administrative functions of a ,federal regulatory framework for marijuana1 including requirements for testing1 enforcement and policing1 youth prevention1 and substance abuse prevention and education4 7#h7 ,states that legalize cannabis utilize less public safety resources on cannabis arrests4 ,this has allowed more police resources to be devoted to violent and property crime as well as more serious types of illicit substances4 #c4 ,sense of ,congress regarding ,,fda support for ,tribal self-determination and self-government with respect to marijuana regulation ,it is the sense of ,congress that1 with respect to the regulation of the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana1 the ,food and ,drug ,administration should support-- 7#a7 self-determination and self-government by ,indian tribes 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj772 and 7#b7 the treaty rights of such ,indian tribes4 #d4 ,rule regarding application to marijuana ,part ,g of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended by adding at the end the following3 #gaj4 ,rule regarding application to marijuana 7a7 ,states ,notwithstanding any other provision of law1 the provisions of this ,act as applied to marijuana1 except the provisions described in subsection 7d7 and except as provided in subsection 7e71 shall not apply to any marijuana manufactured1 produced1 possessed1 distributed1 dispensed1 administered1 or delivered in compliance with ,state law relating to the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana4 7b7 ,indian ,tribes ,notwithstanding any other provision of law1 the provisions of this ,act related to marijuana1 except the provisions described in subsection 7d7 and except as provided in subsection 7e71 shall not apply to marijuana manufactured1 produced1 possessed1 distributed1 dispensed1 administered1 or delivered in compliance with the law of a federally recognized ,indian ,tribe relating to the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana within its jurisdiction in ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 so long as such jurisdiction is located within a ,state that permits1 as applicable1 the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana4 7c7 ,interstate transportation 7#a7 ,state law 7,a7 ,in general ,no ,state or ,indian ,tribe may prohibit the transportation or shipment of marijuana through the ,state or the territory of the ,indian ,tribe1 as applicable1 if the originating and destination ,states or territories permit1 as applicable1 the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana4 7,b7 ,rule of construction ,subparagraph 7,a7 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 manufacture1 production1 possession1 distribution dispensation1 administration1 or delivery of marijuana-- 7i7 through time1 place1 and manner restrictions2 or 7ii7 to protect public health and safety4 7#b7 ,federal law ,notwithstanding any other provision of law1 the provisions of this title as applied to marijuana1 except the provisions described in subsection 7d7 and except as provided in subsection 7e71 shall not apply to any person engaged in marijuana transportation or shipment between two ,states which ,states permit1 as applicable1 the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana4 7d7 ,provisions described ,the provisions described in this subsection are-- 7#a7 section #dja7;a77#a71 with respect to a violation of section #dji or #dah2 7#b7 section #dji2 7#c7 section #dag2 and 7#d7 section #dah4 7e7 ,exception ,subsections 7a7 through 7c7 shall not apply to any person who-- 7#a7 violates this title with respect to any controlled substance other than marijuana2 7#b7 knowingly or intentionally manufactures1 produces1 possesses1 distributes1 dispenses1 administers1 or delivers any marijuana in violation of the laws of the ,state or ,indian ,tribe in which such manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery occurs2 or 7#c7 employs or hires any person under #ah years of age to manufacture1 produce1 distribute1 dispense1 administer1 or deliver marijuana4 7f7 ,removal from schedule 7#a7 ,in general ,for the purposes of this title1 marijuana manufactured1 produced1 possessed1 distributed1 dispensed1 administered1 or delivered in compliance with ,state law or the law of a federally recognized ,indian ,tribe relating to the manufacture1 production1 possession1 distribution1 dispensation1 administration1 or delivery of marijuana shall be deemed to be a substance that does not meet the requirements for inclusion in any schedule4 7#b7 ,rules ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall finalize a rule under section #bja7;a77#b7 executing paragraph 7#a7 of this subsection4 7g7 ,definition ,in this section1 the term ,indian ,tribe has the meaning given to the term ,indian tribe in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 4 #e4 ,transportation safety offenses ,section #dji of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdi7 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,a person and inserting ,except as provided in subsection 7d71 a person2 and 7,b7 by striking subsection 7b7 and inserting subsection 7c72 7#b7 in subsection 7c71 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,a person and inserting ,except as provided in subsection 7d71 a person2 and 7,b7 by striking subsection 7a7 and inserting subsection 7b72 and 7#c7 by adding at the end the following3 7d7 ,exception ,subsections 7b7 and 7c7 shall not apply to any person who possesses1 or possesses with intent to distribute marijuana in compliance with section #gaj4 4 #f4 ,distribution to persons under age #ba ,section #dah of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hei7 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by inserting and subsection 7c7 of this section after section #dai2 7#b7 in subsection 7b71 in the first sentence1 by inserting and subsection7c7 of this section after section #dai2 and 7#c7 by adding at the end the following3 7c7 ,subsections 7a7 and 7b7 shall not apply to any person at least #ah years of age who distributes medicinal marijuana to a person under #ba years of age in compliance with section #gaj4 4 #g4 ,regulation of marijuana products by ,food and ,drug ,administration 7a7 ,definitions 7#a7 ,marijuana product defined ,in this section1 the term marijuana product means any product made or derived from marijuana that is intended for human or animal consumption1 including any component of marijuana 7except for raw materials other than such marijuana used in manufacturing a component of such product74 7#b7 ,other definitions ,in this section3 7,a7 ,the term biological product has the meaning given to that term in section #cea7;i7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;i774 7,b7 ,the term marijuana has the meaning given to that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7,c7 ,the terms cosmetic1 device1 dietary supplement1 drug1 food1 and tobacco product have the meanings given to such terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7b7 ,drugs ,a marijuana product meeting the definition of a drug shall be treated as a drug for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 7c7 ,food2 dietary supplements ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall have the same authorities under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 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 alcohol4 7d7 ,cosmetics ,a marijuana product meeting the definition of a cosmetic shall be treated as a cosmetic for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 7e7 ,other products 7#a7 ,in general ,a marijuana product that is not covered by subsection 7b71 7c71 or 7d7 may be lawfully marketed pursuant to regulations issued under paragraph 7#b74 7#b7 ,regulation ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall promulgate a regulation with respect to marijuana products described in paragraph 7#a74 7#c7 ,contents ,the regulation under paragraph 7#b7 shall include requirements for-- 7,a7 contaminant testing2 7,b7 manufacturing practices2 and 7,c7 marketing practices and postmarket reporting1 with special attention to preventing consumption by youths4 7#d7 ,no premarket approval required ,the regulation under paragraph 7#b7 shall not require premarket approval of marijuana products described in paragraph 7#a74 7f7 ,no marketing in combination with certain other products ,a marijuana product marketed in combination with a drug1 a biological product1 a device1 a tobacco product1 or an alcohol product is deemed to be adulterated for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 #h4 ,comptroller ,general study on effects of marijuana legalization on traffic safety 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the effects of marijuana legalization on traffic safety4 7b7 ,inclusions ,the study conducted under subsection 7a7 shall include a detailed assessment of-- 7#a7 traffic crashes1 fatalities1 and injuries in ,states that have legalized marijuana use1 including whether ,states are able to accurately evaluate marijuana impairment in those incidents2 7#b7 actions taken by the ,states referred to in paragraph 7#a7 to address marijuana-impaired driving1 including any challenges faced in addressing marijuana-impaired driving2 7#c7 testing standards used by the ,states referred to in paragraph 7#a7 to evaluate marijuana impairment in traffic crashes1 fatalities1 and injuries1 including any scientific methods used to determine impairment and analyze data2 and 7#d7 ,federal initiatives aiming to assist ,states that have legalized marijuana with traffic safety1 including recommendations for policies and programs to be carried out by the ,national ,highway ,traffic ,safety ,administration4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 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 7a74 #i4 ,rule of construction 7a7 ,in general ,conduct in compliance with this ,act and the amendments made by this ,act-- 7#a7 shall not be unlawful2 7#b7 shall not constitute trafficking in a controlled substance under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 or any other provision of law2 7#c7 shall not constitute the basis for forfeiture of property under section #eaa of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hha7 or section #iha of title #ah1 ,united ,states ,code2 and 7#d7 shall not be subject to section #bhj;,e of the ,internal ,revenue ,code of #aihf1 relating to expenditures in connection with the illegal sale of drugs4 7b7 ,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 #aief or #aieg of title #ah1 ,united ,states ,code1 or any other provision of law4