[Congressional Record Volume 164, Number 109 (Thursday, June 28, 2018)]
[Senate]
[Pages S4740-S4741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHUMER (for himself, Ms. Duckworth, Mr. Sanders, Mr. 
        Kaine, Mr. Merkley, Mr. Wyden, Mr. Bennet, and Ms. Warren):
  S. 3174. A bill to decriminalize marijuana, and for other purposes; 
to the Committee on the Judiciary.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3174

       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

[[Page S4741]]

     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.
                                 ______