Decriminalization of cannabis

(a) Cannabis removed from schedule of controlled substances (1) Removal in statute Schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended— (A) in subsection (c)— (i) by striking (10) Marihuana.; and (ii) in paragraph (17), by inserting in cannabis (as defined in section 201(tt)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(tt)(1))) or tetrahydrocannabinols before in hemp; and (B) in subsection (d)(2), by adding at the end the following new subparagraph: (C) Such term does not include any substance made of or derived from cannabis (as defined in section 201(tt)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(tt)(1)) or hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o))). (2) Removal from schedule Not later than 180 days after the date of the enactment of this Act, the Attorney General shall finalize a rulemaking under section 201(a)(2) of the Controlled Substances Act (21 U.S.C. 811(a)(2)) removing marihuana and tetrahydrocannabinols in cannabis (as defined in section 201(tt)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(tt)(1))) from the schedules of controlled substances. For the purposes of the Controlled Substances Act, marihuana and tetrahydrocannabinols in cannabis (as so defined) shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule. A rulemaking under this paragraph shall be considered to have taken effect as of the date of enactment of this Act for purposes of any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, and adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. (3) Rescheduling review of non-cannabis derived tetrahydrocannibinols and cannabimimetic agents (A) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall initiate a review of the schedules applicable to the substances described in subsections (c)(17) and (d) of Schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812). (B) Motion to transfer Pursuant to the findings of the review conducted under subparagraph (A), the Secretary of Health and Human Services shall, as appropriate, initiate a motion to transfer such substances between schedules pursuant to section 201 of the Controlled Substances Act (21 U.S.C. 811). (b) Conforming amendments to controlled substances act The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1) in section 102 (21 U.S.C. 802)— (A) by striking paragraph (16); and (B) in paragraph (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 clause (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)— (I) in clause (vi), by inserting or after the semicolon; (II) by striking clause (vii); and (III) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), in the first sentence, 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 so 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, cocaine, hashish, hashish oil, and inserting cocaine,; and (B) in paragraph (5), by striking, such as a marihuana cigarette,; (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); and (9) in section 1010(b) (21 U.S.C. 960(b))— (A) in paragraph (1)— (i) in subparagraph (F), by inserting or after the semicolon; (ii) by striking subparagraph (G); (iii) by redesignating subparagraph (H) as subparagraph (G); and (iv) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; (B) in paragraph (2)— (i) in subparagraph (F), by inserting or after the semicolon; (ii) by striking subparagraph (G); (iii) by redesignating subparagraph (H) as subparagraph (G); and (iv) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; (C) by striking paragraph (4); and (D) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Other conforming amendments (1) 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— (A) in section 15002(a) (16 U.S.C. 559b(a)) by striking marijuana and other; (B) in section 15003(2) (16 U.S.C. 559c(2)) by striking marijuana and other; and (C) in section 15004(2) (16 U.S.C. 559d(2)) by striking marijuana and other. (2) Interception of communications Section 2516 of title 18, United States Code, is amended— (A) in subsection (1)(e), by striking marihuana,; and (B) in subsection (2) by striking marihuana. (3) FMCSA provisions (A) Conforming amendment Section 31301(5) of title 49, United States Code, is amended by striking section 31306, and inserting sections 31306, 31306a, and subsections (b) and (c) of section 31310,. (B) Definition Section 31306(a) of title 49, United States Code, is amended— (i) by striking means any substance and inserting the following: means— (1) any substance; and (ii) by striking the period at the end and inserting; and (2) any substance not covered under paragraph (1) that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation.. (C) Disqualifications Section 31310(b) of title 49, United States Code, is amended by adding at the end the following: (3) In this subsection and subsection (c), the term controlled substance has the meaning given such term in section 31306(a).. (4) FAA provisions Section 45101 of title 49, United States Code, is amended— (A) by striking means any substance and inserting the following: means— (1) any substance; and (B) by striking the period at the end and inserting; and (1) any substance not covered under paragraph (1) that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation.. (5) FRA provisions Section 20140(a) of title 49, United States Code, is amended— (A) by striking means any substance and inserting the following: means— (1) any substance; and (B) by striking the period at the end and inserting; and (2) any substance not covered under paragraph (1) that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation.. (6) FTA provisions Section 5331(a)(1) of title 49, United States Code, is amended— (A) by striking means any substance and inserting the following: means— (A) any substance; and (B) by striking the period at the end and inserting; and (B) any substance not covered under subparagraph (A) that was a substance under such section as of December 1, 2018, and whose use the Secretary of Transportation decides has a risk to transportation safety.. (7) Prison contraband Section 1791(d)(1) of title 18, United States Code, is amended— (A) in subparagraph (A), by striking marijuana or; (B) in subparagraph (B), by striking marijuana or; and (C) in subparagraph (D), by inserting, cannabis, as defined in section 3 of the Cannabis Administration and Opportunity Act, after subsection). (8) Other contraband Section 80302(a)(1) of title 49, United States Code, is amended by striking, including marihuana (as defined in section 102 of that Act (21 U.S.C. 802)),. (9) Tariff Act provisions Section 584(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1584(a)(2)) is amended— (A) by striking the second sentence and inserting If any of such merchandise so found consists of smoking opium or opium prepared for smoking, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for smoking opium or opium prepared for smoking being in such merchandise shall be liable to a penalty of $500 for each ounce thereof so found.; and (B) by striking the last sentence and inserting As used in this paragraph, the term opiate shall have the same meaning given that term by section 102(18) of the Controlled Substances Act (21 U.S.C. 802(18)).. (d) Retroactivity (1) In general The amendments made by this section to the Controlled Substances Act (21 U.S.C. 801 et seq.) are retroactive and shall apply to any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. (2) Application to pending actions With respect to any pending criminal charges or case and conviction awaiting sentencing that is impacted by the amendments to the Controlled Substances Act (21 U.S.C. 801 et seq.) made by this section, the Government shall drop the relevant charges or seek dismissal of all pending charges not later than 30 days after the date of enactment of this Act. Any person held in pretrial detention and entitled to dismissal of relevant charges under this provision, and not detained for any other reason, shall be entitled to issuance of a writ under section 1361 or 2241 of title 28, United States Code, to effectuate immediate release. (3) Application to defendants previously sentenced Not later than 60 days after the date of enactment of this Act, the Director of the Bureau of Prisons, United States Marshals Service, or United States Parole Commission, as applicable, shall release from its control, and the sentencing court shall enter an order vacating the conviction and sentence for, any individual convicted or sentenced before the date of enactment of this Act for any Federal offense involving marijuana, marihuana (as defined in section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16))), or tetrahydrocannabinols and is not serving a sentence for any conduct not covered by this Act or serving multiple sentences as provided in section 3584 of title 18, United States Code. Any person not so timely released and entitled to such release under this provision shall be entitled to issuance of a writ under section 1361 or 2241 of title 28, United States Code, to effectuate immediate release. (4) Cumulative sentencing reconsideration In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for any Federal offense involving marijuana, marihuana (as defined in section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16))), or tetrahydrocannabinols, and, after vacatur of that sentence, is also serving a sentence for any other crime not covered by this Act, or in the case of a defendant who was convicted or sentenced for any Federal offense the sentencing range for which was elevated based on a prior conviction for an offense involving marijuana, marihuana, or tetrahydrocannabinols, the sentencing court may, on motion of the defendant, the Director of the Bureau of Prisons, the Attorney General, or, on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. (e) Special rule for Federal employee testing Section 503 of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note) is amended by adding at the end the following: (h) Cannabis (1) Testing for cannabis (A) In general For purposes of Executive Order 12564, cannabis shall not be treated as an illegal drug. (B) Exception for drug testing Notwithstanding subparagraph (A) or the Cannabis Administration and Opportunity Act and the amendments made thereby, the Secretary of Health and Human Services or the head of an agency may deem cannabis to be a schedule I controlled substance within the meaning of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and unlawful to possess under title II or III of such Act, exclusively for the purpose of drug testing of any law enforcement officer (as defined in section 8331 of title 5, United States Code) or any Federal employee in a position that the head of an agency determines, in writing, to have significant involvement in national security or the protection of life, property, public health, or public safety, provided that either such employee is subject to this section, Executive Order 12564, or other applicable Federal laws and orders. (2) Definition The term cannabis has the meaning given the term in section 3 of the Cannabis Administration and Opportunity Act.. (f) Special rule for certain regulations (1) In general The amendments made by this section may not be construed to abridge the authority of the Secretary of Transportation, or the Secretary of the department in which the Coast Guard is operating, to regulate and screen for the use of a controlled substance. (2) Controlled substance defined In this subsection, the term controlled substance means— (A) any substance covered under section 102 of the Controlled Substances Act (21 U.S.C. 802) on the day before the date of enactment of this Act; and (B) any substance not covered under subparagraph (A) that was a substance covered under section 102 of the Controlled Substances Act (21 U.S.C. 802) on December 1, 2018, and specified by the Secretary of Transportation.