[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6043 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6043
To amend the Controlled Substances Act to provide for a new rule
regarding the application of the Act to marihuana, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2018
Mr. Joyce of Ohio (for himself, Mr. Blumenauer, Mr. Curbelo of Florida,
Mr. Polis, Mr. Buck, Ms. Lee, Mr. Jones, Ms. DeGette, Mr. Blum, Mr.
Cohen, Mr. Gaetz, Ms. Norton, Mr. McClintock, Mr. Correa, Mr. Lewis of
Minnesota, and Mr. Khanna) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Energy and Commerce, 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 marihuana, 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 Act'' or the ``STATES Act''.
SEC. 2. RULE REGARDING APPLICATION TO MARIHUANA.
(a) In General.--Part G of the Controlled Substances Act (21 U.S.C.
801 et seq.) is amended by adding at the end the following:
``SEC. 710. RULE REGARDING APPLICATION TO MARIHUANA.
``(a) Notwithstanding any other provision of law, the provisions of
this title as applied to marihuana, other than the provisions described
in subsection (c) and other than as provided in subsection (d), shall
not apply to any person acting in compliance with State law relating to
the manufacture, production, possession, distribution, dispensation,
administration, or delivery of marihuana.
``(b) Notwithstanding any other provision of law, the provisions of
this title related to marihuana, other than the provisions described in
subsection (c) and other than as provided in subsection (d), shall not
apply to any person acting in compliance with the law of a Federally
recognized Indian tribe within its jurisdiction in Indian Country, as
defined in section 1151 of title 18, United States Code, related to the
manufacture, production, possession, distribution, dispensation,
administration, or delivery of marihuana so long as such jurisdiction
is located within a State that permits, respectively, manufacture,
production, possession, distribution, dispensation, administration, or
delivery of marihuana.
``(c) 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.
``(d) Subsection (a) shall not apply to any person who--
``(1) violates the Controlled Substances Act with respect
to any other controlled substance;
``(2) notwithstanding compliance with State or tribal law,
knowingly or intentionally manufactures, produces, possesses,
distributes, dispenses, administers, or delivers any other
marihuana in violation of the laws of the State or 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 marihuana.''.
(b) Definition of Marihuana.--Section 102(16) of the Controlled
Substances Act (21 U.S.C. 802(16)) is amended--
(1) by striking ``or the sterilized'' and inserting ``the
sterilized''; and
(2) by striking the period at the end and inserting ``, or
industrial hemp (as defined in section 7606(b) of the
Agricultural Act of 2014 (7 U.S.C. 5940(b))).''.
SEC. 3. 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 marihuana
in compliance with section 710.''.
SEC. 4. 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 marihuana to a person
under 21 years of age in compliance with section 710.''.
SEC. 5. 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; and
(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.
(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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