[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3174 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3174

          To decriminalize marijuana, and for other purposes.


_______________________________________________________________________


                   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.

    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 ``Marijuana Freedom and Opportunity 
Act''.

SEC. 2. DECRIMINALIZATION OF MARIJUANA.

    (a) 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--
            (1) by striking ``marihuana''; and
            (2) by striking ``tetrahydrocannabinols''.
    (b) 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--
            (1) in paragraph (1)--
                    (A) in subparagraph (F), by inserting ``or'' after 
                the semicolon;
                    (B) by striking subparagraph (G); and
                    (C) by redesignating subparagraph (H) as 
                subparagraph (G);
            (2) in paragraph (2)--
                    (A) in subparagraph (F), by inserting ``or'' after 
                the semicolon;
                    (B) by striking subparagraph (G); and
                    (C) by redesignating subparagraph (H) as 
                subparagraph (G);
            (3) in paragraph (3), by striking ``paragraphs (1), (2), 
        and (4)'' and inserting ``paragraphs (1) and (2)'';
            (4) by striking paragraph (4); and
            (5) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (4), (5), and (6), respectively.
    (c) Conforming Amendments to Controlled Substances Act.--The 
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102(44) (21 U.S.C. 802(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 (vii); and
                                    (III) by redesignating clause 
                                (viii) as clause (vii);
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (vii); and
                                    (II) 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,''; and
                    (B) in paragraph (5), by striking ``, such as a 
                marihuana cigarette,''; and
            (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)''.
    (d) 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,''.

SEC. 3. LEVEL THE ECONOMIC PLAYING FIELD.

    (a) 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.
    (b) 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--
            (1) an amount equal to 10 percent of the amount estimated 
        under subsection (a); and
            (2) $10,000,000.
    (c) Trust Fund.--
            (1) 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).
            (2) 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--
                    (A) 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
                    (B) 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.

SEC. 4. HIGHWAY SAFETY RESEARCH.

    (a) Study; Development.--The Administrator of the National Highway 
Traffic Safety Administration (referred to in this section as the 
``Administrator'') shall--
            (1) carry out a study of the impact of driving under the 
        influence of tetrahydrocannabinol on highway safety; and
            (2) develop enhanced strategies and procedures to reliably 
        determine the impairment of a driver under the influence of 
        tetrahydrocannabinol.
    (b) 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.

SEC. 5. PUBLIC HEALTH RESEARCH.

    (a) 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--
            (1) effects of tetrahydrocannabinol on the human brain;
            (2) efficacy of medicinal marijuana as a treatment for 
        specific diseases and conditions; and
            (3) identification of additional medical benefits and uses 
        of cannabis.
    (b) 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).

SEC. 6. PROTECT KIDS.

    The Alcohol and Tobacco Tax and Trade Bureau of the Department of 
the Treasury shall promulgate regulations that--
            (1) 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--
                    (A) the risks and benefits to the population of 
                individuals age 18 and under, including users and 
                nonusers of marijuana products;
                    (B) the increased or decreased likelihood that 
                existing users of marijuana products who are age 18 and 
                under will stop using such products; and
                    (C) the increased or decreased likelihood that 
                those age 18 and under who do not use marijuana 
                products will start using such products; and
            (2) 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.

SEC. 7. 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.

SEC. 8. 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.
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