[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3032 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3032

   To amend the Controlled Substances Act to provide for a new rule 
   regarding the application of the Act to marihuana, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2018

 Ms. Warren (for herself, Mr. Gardner, Mr. Paul, Ms. Cortez Masto, Ms. 
  Murkowski, Mr. Booker, Mr. Sullivan, and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Controlled Substances Act to provide for a new rule 
   regarding the application of the Act to marihuana, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening the Tenth Amendment 
Through Entrusting States Act'' or the ``STATES Act''.

SEC. 2. RULE REGARDING APPLICATION TO MARIHUANA.

    (a) In General.--Part G of the Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended by adding at the end the following:

               ``rule regarding application to marihuana

    ``Sec. 710.  (a) Notwithstanding any other provision of law, the 
provisions of this title as applied to marihuana, other than the 
provisions described in subsection (c) and other than as provided in 
subsection (d), shall not apply to any person acting in compliance with 
State law relating to the manufacture, production, possession, 
distribution, dispensation, administration, or delivery of marihuana.
    ``(b) Notwithstanding any other provision of law, the provisions of 
this title related to marihuana, other than the provisions described in 
subsection (c) and other than as provided in subsection (d), shall not 
apply to any person acting in compliance with the law of a Federally 
recognized Indian tribe within its jurisdiction in Indian Country, as 
defined in section 1151 of title 18, United States Code, related to the 
manufacture, production, possession, distribution, dispensation, 
administration, or delivery of marihuana so long as such jurisdiction 
is located within a state that permits, respectively, manufacture, 
production, possession, distribution, dispensation, administration, or 
delivery of marihuana.
    ``(c) 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.
    ``(d) Subsection (a) shall not apply to any person who--
            ``(1) violates the Controlled Substances Act with respect 
        to any other controlled substance;
            ``(2) notwithstanding compliance with State or tribal law, 
        knowingly or intentionally manufactures, produces, possesses, 
        distributes, dispenses, administers, or delivers any other 
        marihuana in violation of the laws of the State or 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 marihuana.''.
    (b) Definition of Marihuana.--Section 102(16) of the Controlled 
Substances Act (21 U.S.C. 802(16)) is amended--
            (1) by striking ``or the sterilized'' and inserting ``the 
        sterilized''; and
            (2) by striking the period at the end and inserting ``, or 
        industrial hemp (as defined in section 7606(b) of the 
        Agricultural Act of 2014 (7 U.S.C. 5940(b))).''.

SEC. 3. TRANSPORTATION SAFETY OFFENSES.

    Section 409 of the Controlled Substances Act (21 U.S.C. 849) is 
amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``A person'' and inserting ``Except 
                as provided in subsection (d), a person''; and
                    (B) by striking ``subsection (b)'' and inserting 
                ``subsection (c)'';
            (2) in subsection (c), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``A person'' and inserting ``Except 
                as provided in subsection (d), a person''; and
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (b)''; and
            (3) by adding at the end the following:
    ``(d) Exception.--Subsections (b) and (c) shall not apply to any 
person who possesses, or possesses with intent to distribute marihuana 
in compliance with section 710.''.

SEC. 4. DISTRIBUTION TO PERSONS UNDER AGE 21.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), in the first sentence, by inserting 
        ``and subsection (c) of this section'' after ``section 419'';
            (2) in subsection (b), in the first sentence, by inserting 
        ``and subsection(c) of this section'' after ``section 419''; 
        and
            (3) by adding at the end the following:
    ``(c) Subsections (a) and (b) shall not apply to any person at 
least 18 years of age who distributes medicinal marihuana to a person 
under 21 years of age in compliance with section 710.''.

SEC. 5. RULE OF CONSTRUCTION.

    (a) In General.--Conduct in compliance with this Act and the 
amendments made by this Act--
            (1) shall not be unlawful;
            (2) 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; and
            (3) 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.
    (b) Proceeds.--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.
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