Rule regarding application to marijuana

Part G of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following: 710. Rule regarding application to marijuana (a) States Notwithstanding any other provision of law, the provisions of this Act as applied to marijuana, except the provisions described in subsection (d) and except as provided in subsection (e), shall not apply to any marijuana manufactured, produced, possessed, distributed, dispensed, administered, or delivered in compliance with State law relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana. (b) Indian Tribes Notwithstanding any other provision of law, the provisions of this Act related to marijuana, except the provisions described in subsection (d) and except as provided in subsection (e), shall not apply to marijuana manufactured, produced, possessed, distributed, dispensed, administered, or delivered in compliance with the law of a federally recognized Indian Tribe relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana within its jurisdiction in Indian country, as defined in section 1151 of title 18, United States Code, so long as such jurisdiction is located within a State that permits, as applicable, the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana. (c) Interstate transportation (1) State law (A) In general No State or Indian Tribe may prohibit the transportation or shipment of marijuana through the State or the territory of the Indian Tribe, as applicable, if the originating and destination States or territories permit, as applicable, the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana. (B) Rule of construction Subparagraph (A) shall not be construed to limit the authority of an originating or destination State or territory to impose reasonable restrictions within its jurisdiction on the manufacture, production, possession, distribution dispensation, administration, or delivery of marijuana— (i) through time, place, and manner restrictions; or (ii) to protect public health and safety. (2) Federal law Notwithstanding any other provision of law, the provisions of this title as applied to marijuana, except the provisions described in subsection (d) and except as provided in subsection (e), shall not apply to any person engaged in marijuana transportation or shipment between two States which States permit, as applicable, the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana. (d) Provisions described 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. (e) Exception Subsections (a) through (c) shall not apply to any person who— (1) violates this title with respect to any controlled substance other than marijuana; (2) knowingly or intentionally manufactures, produces, possesses, distributes, dispenses, administers, or delivers any marijuana in violation of the laws of the State or Indian 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 marijuana. (f) Removal from schedule (1) In general For the purposes of this title, marijuana manufactured, produced, possessed, distributed, dispensed, administered, or delivered in compliance with State law or the law of a federally recognized Indian Tribe relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana shall be deemed to be a substance that does not meet the requirements for inclusion in any schedule. (2) Rules Not later than 180 days after the date of the enactment of this Act, the Attorney General shall finalize a rule under section 201(a)(2) executing paragraph (1) of this subsection. (g) Definition In this section, the term Indian Tribe has the meaning given to the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)..