Ending Federal Marijuana Prohibition Act of 2017
This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to with respect to marijuana.
It removes marijuana and tetrahydrocannabinols from schedule I. (A schedule I controlled substance is a drug, substance, or chemical that: has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.)
Additionally, it eliminates criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana.
The bill does, however, make it a crime to knowingly ship or transport marijuana into a state where its receipt, possession, or sale is prohibited. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1227 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1227
To limit the application of Federal laws to the distribution and
consumption of marihuana, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2017
Mr. Garrett (for himself, Ms. Gabbard, and Mr. Taylor) 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 2017''.
SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.
(a) In General.--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, imprisoned not more than 1
year, or both.''.
(b) Table of Contents.--The table of contents for the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84
Stat. 1236) is amended by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Application of this Act to marihuana.''.
SEC. 3. DEREGULATION OF MARIHUANA.
(a) Removed From Schedule of Controlled Substances.--Subsection (c)
of Schedule I 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(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii)
as clause (vii);
(iii) in subparagraph (C), by striking
``subparagraphs (A), (B), and (D)'' and
inserting ``subparagraphs (A) and (B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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