[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7667-S7668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4123. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STRENGTHENING THE TENTH AMENDMENT THROUGH 
                   ENTRUSTING STATES.

       (a) Short Title.--This section may be cited as the 
     ``Strengthening the Tenth Amendment Through Entrusting States 
     Act'' or the ``STATES Act''.
       (b) Rule Regarding Application to Marihuana.--
       (1) 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) 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) 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--

[[Page S7668]]

       ``(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.''.
       (c) 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.''.
       (d) 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.''.
       (e) Rule of Construction.--
       (1) In general.--Conduct in compliance with this section 
     and the amendments made by this section--
       (A) shall not be unlawful;
       (B) 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
       (C) 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.
       (2) Proceeds.--The proceeds from any transaction in 
     compliance with this section and the amendments made by this 
     section 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.
                                 ______