Ending Federal Marijuana Prohibition Act of 2011

Ending Federal Marijuana Prohibition Act of 2011 - Amends the Controlled Substances Act (CSA) to: (1) provide that such Act shall not apply to marihuana, except that it shall be unlawful to ship or transport from one state, territory, or district (jurisdiction) of the United States to another, or from a foreign country into such a U.S. jurisdiction, marihuana that is intended to be received, possessed, sold, or in any manner used in violation of any law of such jurisdiction; and (2) remove marihuana and tetrahydrocannabinols from the list of Schedule I controlled substances.

Amends the Controlled Substances Import and Export Act to exclude marijuana from its prohibitions on the import, export, manufacture, possession with intent to distribute, or distribution of a controlled substance.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2306 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2306

   To limit the application of Federal laws to the distribution and 
           consumption of marihuana, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2011

Mr. Frank of Massachusetts (for himself, Mr. Paul, Mr. Conyers, Ms. Lee 
of California, Mr. Polis, and Mr. Cohen) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on the Judiciary, 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 limit the application of Federal laws to the distribution and 
           consumption of 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 ``Ending Federal Marijuana Prohibition 
Act of 2011''.

SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.

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

``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.

    ``(a) Prohibition on Certain Shipping or Transportation.--This Act 
shall not apply to marihuana, except that it shall be unlawful only to 
ship or transport, in any manner or by any means whatsoever, marihuana, 
from one State, Territory, or District of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof, into any 
other State, Territory, or District of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof, or from any 
foreign country into any State, Territory, or District of the United 
States, or place noncontiguous to but subject to the jurisdiction 
thereof, when such marihuana is intended, by any person interested 
therein, to be received, possessed, sold, or in any manner used, either 
in the original package or otherwise, in violation of any law of such 
State, Territory, or District of the United States, or place 
noncontiguous to but subject to the jurisdiction thereof.
    ``(b) Penalty.--Whoever knowingly violates subsection (a) shall be 
fined under title 18, United States Code, or imprisoned not more than 
one year, or both.''.

SEC. 3. DEREGULATION OF MARIHUANA.

    (a) Removed From Schedule of Controlled Substances.--Schedule I(c) 
of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) 
is amended--
            (1) by striking ``marihuana''; and
            (2) by striking ``tetrahydrocannabinols''.
    (b) Removal of Prohibition on Import and Export.--Section 1010 of 
the Controlled Substances Import and Export Act (21 U.S.C. 960) is 
amended--
            (1) by striking subparagraph (G) of subsection (b)(1);
            (2) by striking subparagraph (G) of subsection (b)(2); and
            (3) by striking paragraph (4) of subsection (b).

SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.

    (a) Section 102(44) of the Controlled Substances Act (21 U.S.C. 
802(44)) is amended by striking ``marihuana''.
    (b) Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) 
is amended as follows:
            (1) In section 401--
                    (A) by striking subsection (b)(1)(A)(vii);
                    (B) by striking subsection (b)(1)(B)(vii);
                    (C) by striking subsection (b)(1)(D); and
                    (D) by striking subsection (b)(4).
            (2) In section 402(c)(2)(B), by striking ``marihuana''.
            (3) In section 403(d)(1), by striking ``marihuana''.
            (4) In section 418(a), by striking the last sentence.
            (5) In section 419(a), by striking the last sentence.
            (6) In section 422(d), in the matter preceding paragraph 
        (1), by striking ``marijuana''.
            (7) In section 422(d)(5), by striking ``, such as a 
        marihuana cigarette,''.

SEC. 5. CONSTRUCTION.

    No provision of this Act shall be construed to affect Federal drug 
testing policies, and each Federal agency shall conduct a review of its 
drug testing policies not later than 30 days after the date of 
enactment of this Act to ensure that the language of any such policy is 
in accordance with this section.
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