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F:\M12\FRANK\FRANK_012.XML ..................................................................... (Original Signature of Member) H. R. ll 112TH CONGRESS 1ST SESSION To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. FRANK of Massachusetts introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Ending Federal Mari- 5 juana Prohibition Act of 2011’’. f:\VHLC\062311\062311.032.xml June 23, 2011 (10:27 a.m.) VerDate 0ct 09 2002 10:27 Jun 23, 2011 Jkt 000000 (492104|8) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\DOCUME~1\HRBRAZ~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\FRANK_~1.XML H F:\M12\FRANK\FRANK_012.XML 2 1 SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES 2 3 ACT TO MARIHUANA. Part A of the Controlled Substances Act (21 U.S.C. 4 801 et seq.) is amended by adding at the end the fol5 lowing: 6 7 ‘‘SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA. ‘‘(a) PROHIBITION ON CERTAIN SHIPPING OR 8 TRANSPORTATION.—This Act shall not apply to mari9 huana, except that it shall be unlawful only to ship or 10 transport, in any manner or by any means whatsoever, 11 marihuana, from one State, Territory, or District of the 12 United States, or place noncontiguous to but subject to 13 the jurisdiction thereof, into any other State, Territory, 14 or District of the United States, or place noncontiguous 15 to but subject to the jurisdiction thereof, or from any for16 eign country into any State, Territory, or District of the 17 United States, or place noncontiguous to but subject to 18 the jurisdiction thereof, when such marihuana is intended, 19 by any person interested therein, to be received, possessed, 20 sold, or in any manner used, either in the original package 21 or otherwise, in violation of any law of such State, Terri22 tory, or District of the United States, or place noncontig23 uous to but subject to the jurisdiction thereof. 24 ‘‘(b) PENALTY.—Whoever knowingly violates sub- 25 section (a) shall be fined under title 18, United States 26 Code, or imprisoned not more than one year, or both.’’. f:\VHLC\062311\062311.032.xml June 23, 2011 (10:27 a.m.) VerDate 0ct 09 2002 10:27 Jun 23, 2011 Jkt 000000 (492104|8) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\DOCUME~1\HRBRAZ~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\FRANK_~1.XML H F:\M12\FRANK\FRANK_012.XML 3 1 SEC. 3. DEREGULATION OF MARIHUANA. 2 (a) REMOVED FROM SCHEDULE OF CONTROLLED 3 SUBSTANCES.—Schedule I(c) of section 202(c) of the Con4 trolled Substances Act (21 U.S.C. 812(c)) is amended— 5 (1) by striking ‘‘marihuana’’; and 6 (2) by striking ‘‘tetrahydrocannabinols’’. 7 8 (b) REMOVAL PORT.—Section OF PROHIBITION ON IMPORT AND EX- 1010 of the Controlled Substances Import 9 and Export Act (21 U.S.C. 960) is amended— 10 11 (1) by striking subparagraph (G) of subsection (b)(1); 12 13 (2) by striking subparagraph (G) of subsection (b)(2); and 14 (3) by striking paragraph (4) of subsection (b). 15 SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUB- 16 17 STANCES ACT. (a) Section 102(44) of the Controlled Substances Act 18 (21 U.S.C. 802(44)) is amended by striking ‘‘marihuana’’. 19 (b) Part D of the Controlled Substances Act (21 20 U.S.C. 841 et seq.) is amended as follows: 21 (1) In section 401— 22 (A) by striking subsection (b)(1)(A)(vii); 23 (B) by striking subsection (b)(1)(B)(vii); 24 (C) by striking subsection (b)(1)(D); and 25 (D) by striking subsection (b)(4). f:\VHLC\062311\062311.032.xml June 23, 2011 (10:27 a.m.) VerDate 0ct 09 2002 10:27 Jun 23, 2011 Jkt 000000 (492104|8) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\DOCUME~1\HRBRAZ~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\FRANK_~1.XML H F:\M12\FRANK\FRANK_012.XML 4 1 2 (2) In section 402(c)(2)(B), by striking ‘‘marihuana’’. 3 4 (3) In section 403(d)(1), by striking ‘‘marihuana’’. 5 6 (4) In section 418(a), by striking the last sentence. 7 8 (5) In section 419(a), by striking the last sentence. 9 10 (6) In section 422(d), in the matter preceding paragraph (1), by striking ‘‘marijuana’’. 11 12 13 14 (7) In section 422(d)(5), by striking ‘‘, such as a marihuana cigarette,’’. SEC. 5. CONSTRUCTION. No provision of this Act shall be construed to affect 15 Federal drug testing policies, and each Federal agency 16 shall conduct a review of its drug testing policies not later 17 than 30 days after the date of enactment of this Act to 18 ensure that the language of any such policy is in accord19 ance with this section. f:\VHLC\062311\062311.032.xml June 23, 2011 (10:27 a.m.) VerDate 0ct 09 2002 10:27 Jun 23, 2011 Jkt 000000 (492104|8) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\DOCUME~1\HRBRAZ~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\FRANK_~1.XML H