HR 2934
States 2.0 act
States 2.0 Act
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Bill overview
The States 2.0 Act aims to shift control over marijuana regulation from the federal government to individual states and federally recognized Indian tribes. It proposes amending the Controlled Substances Act to allow states and tribes to determine their own cannabis policies, excluding certain federal provisions. The bill also establishes a federal excise tax on marijuana sales to fund regulatory programs, addresses interstate transportation of cannabis, and clarifies the FDA’s role in regulating marijuana products. Finally, it includes provisions related to traffic safety and a study on the effects of legalization.
Key provisions
- Allows states and federally recognized Indian tribes to determine their own cannabis policies, excluding certain federal provisions.
- Establishes a federal excise tax on marijuana sales to fund regulatory programs.
- Permits interstate transportation of marijuana if originating and destination states allow it.
- Clarifies the Food and Drug Administration’s authority to regulate marijuana products.
- Addresses traffic safety by requiring a study on the effects of legalization.
- Provides a rule of construction to prevent prosecution for cannabis activities in compliance with state or tribal laws.
- Specifies that proceeds from legal cannabis sales are not considered proceeds of unlawful transactions.
- Defines ‘marijuana product’ for FDA regulatory purposes.
Who is affected
- States
- Federally Recognized Indian Tribes
- Cannabis Businesses
- Consumers of Marijuana
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 2934
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marijuana, and for other purposes.
This Act may be cited as the Strengthening the Tenth Amendment Through Entrusting States 2.0 Act STATES 2.0 Act
or the
.
The Congress finds the following:
Today’s illicit marijuana market represents 75 percent of the known marijuana market.
Excessive taxation in licensed markets has caused the price of legal marijuana products to exceed that of illegal products by two to three times, contributing to the growth of the illicit market.
Because of Federal restrictions on marijuana activities, marijuana is currently regulated by a punitive tax structure that harms the ability of licensed operators to sell marijuana products, discourages new business creation and growth, and perpetuates illicit markets.
A Federal regulatory program for marijuana should require a framework that supports critical components such as proper administration and oversight, consumer safety protections, and enforcement.
support a legal market, not illegal sales and illicit activity;
be low enough to not exacerbate the level of taxation set by States, thereby avoiding the pyramid effect of adding Federal taxes on top of high State taxes;
be administrable and allow for consistent and timely collection by the Alcohol and Tobacco Tax and Trade Bureau as primary regulator; and
offset the costs of executing the administrative functions of a Federal regulatory framework for marijuana, including requirements for testing, enforcement and policing, youth prevention, and substance abuse prevention and education.
It is the sense of Congress that, with respect to the regulation of the manufacture, production, possession, distribution, dispensation, administration, or delivery of marijuana, the Food and Drug Administration should support—
self-determination and self-government by Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)); and
the treaty rights of such Indian tribes.
Part G of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:
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.
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.
through time, place, and manner restrictions; or
to protect public health and safety.
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.
The provisions described in this subsection are—
section 401(a)(1), with respect to a violation of section 409 or 418;
section 409;
section 417; and
section 418.
Subsections (a) through (c) shall not apply to any person who—
violates this title with respect to any controlled substance other than marijuana;
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
employs or hires any person under 18 years of age to manufacture, produce, distribute, dispense, administer, or deliver marijuana.
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.
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.
Section 409 of the Controlled Substances Act (21 U.S.C. 849) is amended—
A personand inserting
Except as provided in subsection (d), a person; and
by striking subsection (b)
and inserting subsection (c)
;
A personand inserting
Except as provided in subsection (d), a person; and
by striking subsection (a)
and inserting subsection (b)
; and
by adding at the end the following:
Subsections (b) and (c) shall not apply to any person who possesses, or possesses with intent to distribute marijuana in compliance with section 710.
Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended—
in subsection (a), in the first sentence, by inserting and subsection (c) of this section
after section 419
;
in subsection (b), in the first sentence, by inserting and subsection(c) of this section
after section 419
; and
by adding at the end the following:
Subsections (a) and (b) shall not apply to any person at least 18 years of age who distributes medicinal marijuana to a person under 21 years of age in compliance with section 710.
In this section, the term marijuana product means any product made or derived from marijuana that is intended for human or animal consumption, including any component of marijuana (except for raw materials other than such marijuana used in manufacturing a component of such product).
The term marijuana has the meaning given to that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
A marijuana product meeting the definition of a drug shall be treated as a drug for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
A marijuana product that is not covered by subsection (b), (c), or (d) may be lawfully marketed pursuant to regulations issued under paragraph (2).
The regulation under paragraph (2) shall include requirements for—
contaminant testing;
manufacturing practices; and
marketing practices and postmarket reporting, with special attention to preventing consumption by youths.
The regulation under paragraph (2) shall not require premarket approval of marijuana products described in paragraph (1).
The Comptroller General of the United States shall conduct a study on the effects of marijuana legalization on traffic safety.
The study conducted under subsection (a) shall include a detailed assessment of—
traffic crashes, fatalities, and injuries in States that have legalized marijuana use, including whether States are able to accurately evaluate marijuana impairment in those incidents;
actions taken by the States referred to in paragraph (1) to address marijuana-impaired driving, including any challenges faced in addressing marijuana-impaired driving;
testing standards used by the States referred to in paragraph (1) to evaluate marijuana impairment in traffic crashes, fatalities, and injuries, including any scientific methods used to determine impairment and analyze data; and
Federal initiatives aiming to assist States that have legalized marijuana with traffic safety, including recommendations for policies and programs to be carried out by the National Highway Traffic Safety Administration.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a).
shall not constitute trafficking in a controlled substance under section 401 of the Controlled Substances Act (21 U.S.C. 841) or any other provision of law;
shall not constitute the basis for forfeiture of property under section 511 of the Controlled Substances Act (21 U.S.C. 881) or section 981 of title 18, United States Code; and
The proceeds from any transaction in compliance with this Act and the amendments made by this Act shall not be deemed to be the proceeds of an unlawful transaction under section 1956 or 1957 of title 18, United States Code, or any other provision of law.