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[115H1841]

.....................................................................
(Original Signature of Member)

H. R. ll

116TH CONGRESS
1ST SESSION

To provide for the regulation of marijuana products, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Mr. BLUMENAUER introduced the following bill; which was referred to the
Committee on llllllllllllll

A BILL
To provide for the regulation of marijuana products, and
for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE.

4

This Act may be cited as the ‘‘Regulate Marijuana

5 Like Alcohol Act’’.

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2

4

TITLE II—REGULATION
Subtitle A—Amendments To Decriminalize Marijuana at the
Federal Level

5

SEC. 201. DECRIMINALIZATION OF MARIJUANA.

1
2
3

6

(a) REMOVAL FROM SCHEDULE

OF

CONTROLLED

7 SUBSTANCES.—Notwithstanding any other provision of
8 the Controlled Substances Act (21 U.S.C. 801 et seq.),
9 the Attorney General shall, not later than 60 days after
10 the date of the enactment of this Act, issue a final order
11 that removes marijuana in any form from all schedules
12 under section 202(c) of that Act (21 U.S.C. 812(c)).
13
14

(b) CONFORMING AMENDMENT TO REMOVE LEGISLATIVE

DEADWOOD.—Subsection (c) of section 202 of the

15 Controlled Substances Act (21 U.S.C. 812) is amended
16 to read as follows:
17
18

‘‘(c) CROSS REFERENCE
TROLLED

TO

SCHEDULES

OF

CON-

SUBSTANCES.—Schedules I, II, III, IV, and V

19 shall consist of the drugs and other substances (by what20 ever official name, common or usual name, chemical name,
21 or brand name designated) that are set forth in the respec22 tive schedules in part 1308 of title 21, Code of Federal
23 Regulations, as they may be amended from time to time,
24 or in any successor regulation.’’.

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3
1

SEC. 202. APPLICATION OF THE CONTROLLED SUBSTANCES

2

ACT AND CONTROLLED SUBSTANCES IMPORT

3

AND EXPORT ACT TO MARIJUANA.

4

Part A of the Controlled Substances Act (21 U.S.C.

5 801 et seq.) is amended by adding at the end the fol6 lowing:
7

‘‘SEC. 103. APPLICATION TO MARIHUANA.

8

‘‘(a) GENERAL NONAPPLICATION.—Except as pro-

9 vided in this section, this title and title III do not apply
10 to marihuana.
11
12

‘‘(b) EXCEPTION: PROHIBITION
PORTATIONS AND

ON

CERTAIN TRANS-

SHIPMENTS.—It shall be unlawful to

13 ship or transport marihuana from any place outside a
14 State, territory, or district of the United States, or other
15 place noncontiguous to but subject to the jurisdiction of
16 the United States, into that State, territory, or district
17 of the United States, or place, when such marihuana is
18 intended by any person interested therein to be received,
19 possessed, sold, or in any manner used, in violation of any
20 law of such State, territory, district, or place.
21

‘‘(c) PENALTY.—Whoever knowingly violates sub-

22 section (b) shall be fined under title 18, United States
23 Code, or imprisoned not more than one year, or both.’’.
24

SEC. 203. CONFORMING AND ANCILLARY AMENDMENTS.

25

(a) MODIFICATION

OF

DEFINITION

OF

‘‘FELONY

26 DRUG OFFENSE’’.—Section 102(44) of the Controlled
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4
1 Substances Act (21 U.S.C. 802(44)) is amended by strik2 ing ‘‘marihuana,’’.
3
4

(b) ELIMINATION
SIONS.—Part

OF

MARIJUANA PENALTY PROVI-

D of the Controlled Substances Act (21

5 U.S.C. 841 et seq.) is amended—
6

(1) in section 401—

7

(A) by striking subsection (b)(1)(A)(vii);

8

(B) by striking subsection (b)(1)(B)(vii);

9

(C) by striking subsection (b)(1)(D); and

10

(D) by striking subsection (b)(4);

11

(2) in section 402(c)(2)(B), by striking ‘‘mari-

12

huana,’’;

13

(3) in section 403(d)(1), by striking ‘‘mari-

14

huana,’’;

15

(4) in section 418(a), by striking the last sen-

16

tence;

17

(5) in section 419(a), by striking the last sen-

18

tence;

19

(6) in section 422(d), in the matter preceding

20

paragraph (1), by striking ‘‘marijuana,’’; and

21

(7) in section 422(d)(5), by striking ‘‘, such as

22

a marihuana cigarette,’’.

23

(c) REMOVAL

24

PORT.—Section

OF

PROHIBITION

ON IMPORT AND

EX-

1010 of the Controlled Substances Import

25 and Export Act (21 U.S.C. 960) is amended—

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5
1

(1) by striking subparagraph (G) of subsection

2

(b)(1);

3

(2) by striking subparagraph (G) of subsection

4

(b)(2); and

5

(3) by striking paragraph (4) of subsection (b).

6

(d) LIMITING

THE

APPLICATION

OF THE

7 FOREST SYSTEM DRUG CONTROL ACT
8

TROLLED

OF

NATIONAL

1986

TO

CON-

SUBSTANCES OTHER THAN MARIJUANA.—The

9 National Forest System Drug Control Act of 1986 is
10 amended—
11

(1) in section 15002(a) (16 U.S.C. 559b(a)) by

12

striking ‘‘marijuana and other’’;

13

(2) in section 15003(2) (16 U.S.C. 559c(2)) by

14

striking ‘‘marijuana and other’’; and

15

(3) in section 15004(2) (16 U.S.C. 559d(2)) by

16

striking ‘‘marijuana and other’’.

17

(e) INTERCEPTION

OF

COMMUNICATIONS.—Section

18 2516 of title 18, United States Code, is amended—
19

(1) in subsection (1)(e), by striking ‘‘mari-

20

huana,’’; and

21

(2) in subsection (2) by striking ‘‘marihuana,’’.

22

(f) NATIONAL YOUTH ANTI-DRUG MEDIA CAM-

23

PAIGN.—Section

709 of the Office of National Drug Con-

24 trol Policy Reauthorization Act of 1998 (21 U.S.C. 1708)

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6
1 is amended by striking subsection (j) (relating to preven2 tion of marijuana use).

Subtitle B—Federal Marijuana
Licensing and Related Matters

3
4
5

SEC. 211. FEDERAL MARIJUANA ADMINISTRATION.

6

The Federal Alcohol Administration Act (27 U.S.C.

7 201 et seq.) is amended by adding at the end the fol8 lowing:

‘‘TITLE III—MARIJUANA

9
10

‘‘SEC. 301. UNLAWFUL BUSINESSES WITHOUT MARIJUANA

11
12

PERMIT.

‘‘(a) IMPORT.—It shall be unlawful, except pursuant

13 to a permit issued under this title by the Secretary of the
14 Treasury (hereinafter in this title referred to as the ‘Sec15 retary’)—
16
17

‘‘(1) to engage in the business of importing
marijuana into the United States; or

18

‘‘(2) for any person so engaged to sell, offer or

19

deliver for sale, contract to sell, or ship, in interstate

20

or foreign commerce, directly or indirectly or

21

through an affiliate, marijuana so imported.

22

‘‘(b) MANUFACTURE

AND

SALE.—It shall be unlaw-

23 ful, except pursuant to a permit issued under this title
24 by the Secretary—

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7
1

‘‘(1) to engage in the business of cultivating,

2

producing,

3

warehousing marijuana; or

manufacturing,

packaging,

or

4

‘‘(2) for any person so engaged to sell, offer or

5

deliver for sale, contract to sell, or ship, in interstate

6

or foreign commerce, directly or indirectly or

7

through an affiliate, marijuana so cultivated, pro-

8

duced, manufactured, packaged, or warehoused.

9

‘‘(c) RESALE.—It shall be unlawful, except pursuant

10 to a permit issued under this title by the Secretary—
11
12

‘‘(1) to engage in the business of purchasing
marijuana for resale at wholesale; or

13

‘‘(2) for any person so engaged to receive or to

14

sell, offer or deliver for sale, contract to sell, or ship,

15

in interstate or foreign commerce, directly or indi-

16

rectly or through an affiliate, marijuana so pur-

17

chased.

18

‘‘(d) REMEDIES FOR VIOLATIONS.—

19

‘‘(1) CRIMINAL

20

‘‘(A) GENERALLY.—Whoever violates this

21

section shall be fined not more than $1,000.

22

‘‘(B) SETTLEMENT

IN COMPROMISE.—The

23

Secretary may decide not to refer a violation of

24

this section to the Attorney General for pros-

25

ecution but instead to collect a payment from

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FINE.—

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8
1

the violator of no more than $500 for that vio-

2

lation.

3

‘‘(2) CIVIL

Attorney

4

General may, in a civil action, obtain appropriate re-

5

lief to prevent and restrain a violation of this title.

6

‘‘SEC. 302. PROCEDURE FOR ISSUANCE OF MARIJUANA

7
8

PERMITS.

‘‘(a) WHO ENTITLED TO PERMIT.—

9

‘‘(1) GENERALLY.—The Secretary shall issue a

10

permit for operations requiring a permit under sec-

11

tion 301 unless the Secretary finds that—

12

‘‘(A) the applicant (or if the applicant is a

13

corporation, any of its officers, directors, or

14

principal stockholders) has been convicted of a

15

disqualifying offense;

16

‘‘(B) the applicant is, by reason of busi-

17

ness experience, financial standing, or trade

18

connections, not likely to commence operations

19

within a reasonable period or to maintain such

20

operations in conformity with Federal law; or

21

‘‘(C) the operations proposed to be con-

22

ducted by the applicant are in violation of the

23

law of the State in which they are to be con-

24

ducted.

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ACTION FOR RELIEF.—The

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9
1

‘‘(2) DISQUALIFYING

2

poses of paragraph (1)—

OFFENSES.—For

the pur-

3

‘‘(A) GENERALLY.—Except as provided in

4

subparagraph (B) a disqualifying offense is an

5

offense related to the production, consumption,

6

or sale of marijuana that is—

7

‘‘(i) a felony under Federal or State

8

law, if the conviction occurred not later

9

than 5 years before the date of the applica-

10

tion; or

11

‘‘(ii) a misdemeanor under Federal

12

law, if the conviction occurred not later

13

than 3 years before the date of the applica-

14

tion.

15

‘‘(B) EXCLUDED

OFFENSES.—A

disquali-

16

fying offense does not include a Federal or

17

State offense based on conduct that—

18

‘‘(i) was legal under State law in the

19

State when and where the conduct took

20

place, or

21

‘‘(ii) is, as of the date of the applica-

22
23

tion, no longer an offense in that State.
‘‘(b) REFUSAL

OF

PERMIT; HEARING.—If upon ex-

24 amination of any application for a permit the Secretary
25 has reason to believe that the applicant is not entitled to

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10
1 such permit, the Secretary shall so notify the applicant
2 and, upon request by the applicant, afford the applicant
3 due notice and opportunity for hearing on the application.
4 If the Secretary, after affording such notice and oppor5 tunity for hearing, still finds that the applicant is not enti6 tled to a permit hereunder, the Secretary shall by order
7 deny the application stating the findings which are the
8 basis for the order.
9

‘‘(c) FORM OF APPLICATION.—

10

‘‘(1) GENERALLY.—The Secretary shall—

11

‘‘(A) prescribe the manner and form of ap-

12

plications for permits under this title (including

13

the facts to be set forth in the application);

14

‘‘(B) prescribe the form of such permits;

15

and

16

‘‘(C) specify in any permit the authority

17

conferred by the permit and the conditions of

18

that permit in accordance with this title.

19

‘‘(2) SEPARATE

20

PERMITS.—To

21

Secretary for the efficient administration of this

22

title, the Secretary may require separate applications

23

and permits with respect to the various classes of

24

marijuana, and with respect to the various classes of

25

persons entitled to permits under this title.

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TYPES OF APPLICATIONS AND

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11
1

‘‘(3) DISCLAIMER.—The issuance of a permit

2

under this title does not deprive the United States

3

of any remedy for a violation of law.

4

‘‘(d) CONDITIONS.—A permit under this title shall be

5 conditioned upon—
6

‘‘(1) compliance with all other Federal laws re-

7

lating to production, sale and consumption of mari-

8

juana, as well as compliance with all State laws re-

9

lating to said activities in the State in which the per-

10

mit applicant resides and does business; and

11

‘‘(2) payment to the Secretary of a reasonable

12

permit fee in an amount determined by the Sec-

13

retary to be sufficient over time to offset the cost of

14

implementing and overseeing all aspects of mari-

15

juana regulation by the Federal Government.

16

‘‘(e)

17

MENT.—

SUSPENSION,

AND

ANNUL-

18

‘‘(1) GENERALLY.—After due notice and oppor-

19

tunity for hearing, the Secretary may order a permit

20

under this title—

21

‘‘(A) revoked or suspended for such period

22

as the Secretary deems appropriate, if the Sec-

23

retary finds that the permittee has willfully vio-

24

lated any of the conditions of the permit, but

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REVOCATION,

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12
1

for a first violation of the conditions the permit

2

shall be subject to suspension only;

3

‘‘(B) revoked if the Secretary finds that

4

the permittee has not engaged in the operations

5

authorized by the permit for a period of more

6

than 2 years; or

7

‘‘(C) annulled if the Secretary finds that

8

the permit was procured through fraud, or mis-

9

representation, or concealment of material fact.

10

‘‘(2) ORDER

TO STATE BASIS FOR ORDER.—

11

The order shall state the findings which are the

12

basis for the order.

13

‘‘(f) SERVICE

OF

ORDERS.—Each order of the Sec-

14 retary with respect to any denial of application, suspen15 sion, revocation, annulment, or other proceedings, shall be
16 served—
17

‘‘(1) in person by any officer or employee of the

18

Secretary designated by him or any internal revenue

19

or customs officer authorized by the Secretary for

20

the purpose; or

21

‘‘(2) by mailing the order by registered mail,

22

addressed to the applicant or respondent at his last

23

known address in the records of the Secretary.

24

‘‘(g) DURATION.—

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13
1

RULE.—Except

‘‘(1) GENERAL

as otherwise

2

provided in this subsection, a permit issued under

3

this title shall continue in effect until suspended, re-

4

voked, or annulled as provided in this title, or volun-

5

tarily surrendered.

6

‘‘(2) EFFECT

OF

TRANSFER.—If

operations

7

under a permit issued under this title are trans-

8

ferred, the permit automatically terminates 30 days

9

after the date of that transfer, unless an application

10

is made by the transferee before the end of that pe-

11

riod for a permit under this title for those oper-

12

ations. If such an application is made, the out-

13

standing permit shall continue in effect until such

14

application is finally acted on by the Secretary.

15

‘‘(3) DEFINITION

OF TRANSFER.—For

the pur-

16

poses of this section, the term ‘transfer’ means any

17

change of ownership or control, whether voluntary or

18

by operation of law.

19

‘‘(h) JUDICIAL REVIEW.—A permittee or applicant

20 for a permit under this title may obtain judicial review
21 under chapter 7 of title 5, United States Code, of the de22 nial of the application of that applicant or, in the case
23 of a permittee, the denial of an application by the trans24 feree of that permittee.
25

‘‘(i) STATUTE OF LIMITATIONS.—

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14
1

‘‘(1) IN

proceeding for the sus-

2

pension or revocation of a permit for violation of any

3

condition thereof relating to compliance with Federal

4

law shall be instituted by the Secretary more than

5

18 months after conviction of the violation of Fed-

6

eral law, or, if no conviction has been had, more

7

than 3 years after the violation occurred.

8

‘‘(2) COMPROMISE.—No permit shall be sus-

9

pended or revoked for a violation of any such condi-

10

tion thereof if the alleged violation of Federal law

11

has been compromised by any officer of the Govern-

12

ment authorized to compromise such violation.

13

‘‘SEC. 303. DEFINITIONS.

14

‘‘In this title—

15

‘‘(1) the term ‘marijuana’ has the meaning

16

given the term ‘marihuana’ in section 102 of the

17

Controlled Substances Act (21 U.S.C. 802); and

18

‘‘(2) the term ‘State’ includes the District of

19

Columbia, Puerto Rico, and any territory or posses-

20

sion of the United States.’’.

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GENERAL.—No

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15
1

SEC. 212. ADDITION OF MARIJUANA TO CERTAIN LEGAL AU-

2

THORITIES RELATING TO INTOXICATING LIQ-

3

UORS.

4

(a) WILSON ACT.—The Act of August 8, 1890 (com-

5 monly known as the Wilson Act or the Original Packages
6 Act; 27 U.S.C. 121), is amended—
7

(1) by inserting ‘‘, or marijuana,’’ after ‘‘intoxi-

8

cating liquors or liquids’’; and

9

(2) by striking ‘‘such liquids or liquors’’ and in-

10

serting ‘‘such liquids, liquors, or marijuana’’.

11

(b) WEBB-KENYON ACT.—The Act of March 1, 1913

12 (commonly known as the Webb-Kenyon Act; 27 U.S.C.
13 122), is amended—
14

(1) by inserting ‘‘marijuana or any’’ after

15

‘‘whatsoever, of any’’; and

16

(2) by inserting ‘‘marijuana or’’ after ‘‘which

17

said’’.

18

(c) VICTIMS

19

TECTION

OF

TRAFFICKING

AND

VIOLENCE PRO-

ACT OF 2000.—Section 2 of the Victims of Traf-

20 ficking and Violence Protection Act of 2000 (27 U.S.C.
21 122a) is amended—
22

(1) in subsection (a)—

23

(A) by redesignating paragraphs (3) and

24

(4) as paragraphs (4) and (5), respectively; and

25

(B) by inserting after paragraph (2) the

26

following new paragraph:

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16
1

‘‘(3) the term ‘marijuana’ has the meaning

2

given the term ‘marihuana’ in section 102 of the

3

Controlled Substances Act (21 U.S.C. 802);’’; and

4

(2) in subsections (b) and (c), by inserting ‘‘or

5

marijuana’’ after ‘‘intoxicating liquor’’ each place it

6

appears.

7
8
9
10

Subtitle C—Other Amendments Relating to Federal Authority Regarding Marijuana
SEC. 221. FOOD AND DRUG ADMINISTRATION.

11

The Food and Drug Administration shall have the

12 same authorities with respect to marijuana as the Admin13 istration has with respect to alcohol.
14

SEC. 222. TRANSFERRING AGENCY FUNCTIONS WITH RE-

15

GARD TO MARIJUANA.

16
17

(a) TRANSFER
FORCEMENT

OF

JURISDICTION FROM DRUG EN-

ADMINISTRATION

18 TOBACCO, FIREARMS

AND

TO

BUREAU

OF

ALCOHOL,

EXPLOSIVES.—The functions

19 of the Attorney General, acting through the Administrator
20 of the Drug Enforcement Administration relating to mari21 juana enforcement, shall hereafter be administered by the
22 Attorney General, acting through the Director of the Bu23 reau of Alcohol, Tobacco, Firearms and Explosives.
24
25

(b) REDESIGNATION
BACCO,

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FIREARMS

AND

OF

BUREAU

EXPLOSIVES

OF

AS

ALCOHOL, TO-

BUREAU

OF

AL-

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17
1

COHOL,

2

SIVES.—

TOBACCO, MARIJUANA, FIREARMS

AND

EXPLO-

3

(1) REDESIGNATION.—The Bureau of Alcohol,

4

Tobacco, Firearms and Explosives is hereby re-

5

named the ‘‘Bureau of Alcohol, Tobacco, Marijuana,

6

Firearms and Explosives’’.

7

(2) REFERENCES.—Any reference to the Bu-

8

reau of Alcohol, Tobacco, Firearms and Explosives

9

in any law, regulation, map, document, record, or

10

other paper of the United States shall be deemed to

11

be a reference to the Bureau of Alcohol, Tobacco,

12

Marijuana, Firearms and Explosives.

13

(c) REDESIGNATION

14 TAX

AND

OF

TRADE BUREAU

AS

ALCOHOL

AND

TOBACCO

ALCOHOL, TOBACCO,

AND

15 MARIJUANA TAX AND TRADE BUREAU.—
16

(1) REDESIGNATION.—The Alcohol and To-

17

bacco Tax and Trade Bureau is hereby renamed the

18

‘‘Alcohol, Tobacco, and Marijuana Tax and Trade

19

Bureau’’.

20

(2) REFERENCES.—Any reference to the Alco-

21

hol and Tobacco Tax and Trade Bureau in any law,

22

regulation, map, document, record, or other paper of

23

the United States shall be deemed to be a reference

24

to the Alcohol, Tobacco, and Marijuana Tax and

25

Trade Bureau.

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18
1

SEC. 223. UNFAIR ADVERTISING PRACTICES.

2

(a) IN GENERAL.—It shall be unlawful for any per-

3 son engaged in the business of importing marijuana into
4 the United States, or cultivating, producing, manufac5 turing, packaging, or warehousing marijuana, or pur6 chasing marijuana for resale at wholesale, directly or indi7 rectly or through an affiliate, to publish or disseminate
8 or cause to be published or disseminated by radio broad9 cast, or in any newspaper, periodical or other publication
10 or by any sign or outdoor advertisement or any other
11 printed or graphic matter, any advertisement of mari12 juana, if such advertisement is in, or is calculated to in13 duce sales in, interstate or foreign commerce, or is dis14 seminated by mail, unless such advertisement is in con15 formity with such regulations, to be prescribed by the Sec16 retary of the Treasury, or the Secretary’s delegate (re17 ferred to in this section as the ‘‘Secretary’’), as will—
18

(1) prevent deception of the consumer with re-

19

spect to the products advertised and as will prohibit,

20

irrespective of falsity, such statements relating to

21

manufacturing processes, analyses, guaranties, and

22

scientific or irrelevant matters as the Secretary finds

23

to be likely to mislead the consumer;

24

(2) provide the consumer with adequate infor-

25

mation as to the identity and quality of the products

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19
1

advertised, the characteristics thereof, and the per-

2

son responsible for the advertisement;

3

(3) prohibit statements that are disparaging of

4

a competitor’s products or are false, misleading, ob-

5

scene, or indecent; and

6

(4) prevent statements inconsistent with any

7

statement on the labeling of the products advertised.

8

(b) NONAPPLICATION

9

CASTERS.—The

TO

PUBLISHERS

AND

BROAD-

prohibitions of this section and regula-

10 tions thereunder shall not apply to the publisher of any
11 newspaper, periodical, or other publication, or radio broad12 caster, unless such publisher or radio broadcaster is en13 gaged in the business of importing marijuana into the
14 United States, or cultivating, producing, manufacturing,
15 packaging, or warehousing marijuana, or purchasing
16 marijuana for resale at wholesale, directly or indirectly or
17 through an affiliate.
18

SEC. 224. COMPTROLLER GENERAL REVIEW OF LAWS AND

19
20

REGULATIONS.

The Comptroller General shall conduct a review of

21 Federal laws, regulations, and policies to determine if any
22 changes in them are desirable in the light of the purposes
23 and provisions of this Act. Not later than 2 years after
24 the date of the enactment of this Act, the Comptroller
25 General shall make to Congress and the relevant agencies

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20
1 such recommendations relating to the results of that re2 view as the Comptroller General deems appropriate.

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