II
115th CONGRESS
2d Session
S. 3174
IN THE SENATE OF THE UNITED STATES
June 28, 2018
Mr. Schumer (for himself, Ms. Duckworth, Mr. Sanders, Mr. Kaine, Mr. Merkley, Mr. Wyden, Mr. Bennet, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To decriminalize marijuana, and for other purposes.
Short title
This Act may be cited as the Marijuana Freedom and Opportunity Act
.
Decriminalization of marijuana
Marihuana 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) is amended—
by striking marihuana
; and
by striking tetrahydrocannabinols
.
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—
in paragraph (1)—
in subparagraph (F), by inserting or
after the semicolon;
by striking subparagraph (G); and
by redesignating subparagraph (H) as subparagraph (G);
in paragraph (2)—
in subparagraph (F), by inserting or
after the semicolon;
by striking subparagraph (G); and
by redesignating subparagraph (H) as subparagraph (G);
in paragraph (3), by striking paragraphs (1), (2), and (4)
and inserting paragraphs (1) and (2)
;
by striking paragraph (4); and
by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.
Conforming amendments to controlled substances act
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
in section 102(44) (21 U.S.C. 802(44)), by striking marihuana,
;
in section 401(b) (21 U.S.C. 841(b))—
in paragraph (1)—
in subparagraph (A)—
in clause (vi), by inserting or
after the semicolon;
by striking (vii); and
by redesignating clause (viii) as clause (vii);
in subparagraph (B)—
by striking clause (vii); and
by redesignating clause (viii) as clause (vii);
in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D)
and inserting subparagraphs (A) and (B)
;
by striking subparagraph (D);
by redesignating subparagraph (E) as subparagraph (D); and
in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D)
and inserting subparagraph (C)
;
by striking paragraph (4); and
by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;
in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking , marihuana,
;
in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking , marihuana,
;
in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;
in section 422(d) (21 U.S.C. 863(d))—
in the matter preceding paragraph (1), by striking marijuana,
; and
in paragraph (5), by striking , such as a marihuana cigarette,
; and
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)
.
Other conforming amendments
National forest system drug control act of 1986
The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended—
in section 15002(a) (16 U.S.C. 559b(a)) by striking marijuana and other
;
in section 15003(2) (16 U.S.C. 559c(2)) by striking marijuana and other
; and
in section 15004(2) (16 U.S.C. 559d(2)) by striking marijuana and other
.
Interception of communications
Section 2516 of title 18, United States Code, is amended—
in subsection (1)(e), by striking marihuana,
; and
in subsection (2) by striking marihuana,
.
Level the economic playing field
Estimate
On an annual basis, the Secretary of the Treasury shall make a reasonable estimate of total tax revenue generated by the marijuana industry for the previous 12-month period.
Transfer
The Secretary of the Treasury shall transfer from the general fund of the Treasury to the trust fund established under subsection (c) the greater of—
an amount equal to 10 percent of the amount estimated under subsection (a); and
$10,000,000.
Trust fund
In general
There is established in the Treasury of the United States a trust fund to be known as the Marijuana Opportunity Trust Fund, which shall consist of amounts transferred under subsection (b).
Use of amounts
Amounts in the trust fund established under paragraph (1) shall be made available to the Administrator of the Small Business Administration to provide loans under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to assist—
small business concerns owned and controlled by women, as defined in section 3 of that Act (15 U.S.C. 632), that operate in the marijuana industry; and
small business concerns owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of that Act (15 U.S.C. 637(d)(3)(C)), that operate in the marijuana industry.
Highway safety research
Study; development
The Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator
) shall—
carry out a study of the impact of driving under the influence of tetrahydrocannabinol on highway safety; and
develop enhanced strategies and procedures to reliably determine the impairment of a driver under the influence of tetrahydrocannabinol.
Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2019 through 2023.
Public health research
In general
The Secretary of Health and Human Services, in consultation with the Director of the National Institutes of Health and the Commissioner of Food and Drugs, shall conduct research on the impacts of marijuana, including—
effects of tetrahydrocannabinol on the human brain;
efficacy of medicinal marijuana as a treatment for specific diseases and conditions; and
identification of additional medical benefits and uses of cannabis.
Authorization of appropriations
There are authorized to be appropriated to the Secretary of Health and Human Services, $100,000,000 for each of fiscal years 2019 through 2023, for purposes of carrying out the activities described in subsection (a).
Protect kids
The Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury shall promulgate regulations that—
require restrictions on the advertising and promotion of products related to marijuana, if the Secretary determines that such regulation would be appropriate for the protection of the public health, taking into account—
the risks and benefits to the population of individuals age 18 and under, including users and nonusers of marijuana products;
the increased or decreased likelihood that existing users of marijuana products who are age 18 and under will stop using such products; and
the increased or decreased likelihood that those age 18 and under who do not use marijuana products will start using such products; and
impose restrictions on the advertising and promotion of products related to marijuana consistent with and to the full extent permitted by the First Amendment to the Constitution of the United States.
Grants for expungement of marijuana convictions
There is authorized to be appropriated to the Attorney General to award grants to States and units of local government for the purpose of administering, expanding, or developing expungement or sealing programs for convictions of possession of marijuana $20,000,000 for each of fiscal years 2019 through 2023 with not less than 50 percent of those funds being directed to cover the cost of public defenders or legal aid providers.
Rule of construction
Nothing in this Act, or an amendment made by this Act, may be construed to modify the authority of the Federal Government to prevent marijuana trafficking from States that have legalized marijuana to those that have not.
