Section 1 Short title
This Act may be cited as the “Protecting Individual Liberties and States' Rights Act”.
Protecting Individual Liberties and States' Rights Act
A BILL
To amend title 18, United States Code, to provide exceptions from the firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law.
Sec. 2 Exceptions from firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law
Prohibitions applicable to felons and persons subject to a felony indictment— Section 921(a)(20) of title 18, United States Code, is amended in the 1st sentence—
by striking “or” at the end of subparagraph (A);
by striking the period at the end of subparagraph (B) and inserting “, or”; and
by adding at the end the following:
“(C) any offense pertaining to marijuana that occurs in a State if the conduct constituting the offense is lawful under the law of the State.”
Prohibitions applicable to unlawful users of, or persons addicted to, a controlled substance—
Sale or other disposition— Section 922(d) of such title is amended by adding at the end the following: “Paragraph (3) of the 1st sentence of this subsection shall not apply with respect to a sale or other disposition to a person who is in a State if the controlled substance involved is marijuana, the possession of marijuana is lawful under the law of the State, and the person is a resident of the State.”.
Receipt, etc— Section 922(g) of such title is amended by adding at the end the following: “Paragraph (3) of the preceding sentence shall not apply with respect to conduct of a person in a State if the controlled substance involved is marijuana, the possession of marijuana is lawful under the law of the State, and the person is a resident of the State.”.
Marijuana defined— Section 921(a) of such title is amended by adding at the end the following:
“(36) The term marijuana has the meaning given the term marihuana in section 102(16) of the Controlled Substances Act.”