Section 1 Short title
This Act may be cited as the “Ending Federal Marijuana Prohibition Act of 2019”.
Ending Federal Marijuana Prohibition Act of 2019
A BILL
To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes.
Sec. 2 Application of the Controlled Substances Act to marihuana
In general— Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:
“103. Application of this Act to marihuana
“(a) Prohibition on certain shipping or transportation—This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof.
“(b) Penalty—Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.”
Table of contents— The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91–513; 84 Stat. 1236) is amended by striking the item relating to section 103 and inserting the following:
Sec. 3 Deregulation of 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(c)) is amended—
by striking “marihuana”; and
by striking “tetrahydrocannabinols”.
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—
in paragraph (1)—
in subparagraph (F), by inserting “or” after the semicolon;
by striking subparagraph (G); and
by redesignating subparagraph (H) as subparagraph (G);
in paragraph (2)—
in subparagraph (F), by inserting “or” after the semicolon;
by striking subparagraph (G); and
by redesignating subparagraph (H) as subparagraph (G);
in paragraph (3), by striking “paragraphs (1), (2), and (4)” and inserting “paragraphs (1) and (2)”;
by striking paragraph (4); and
by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.
Sec. 4 Conforming amendments to Controlled Substances Act
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;
in section 401(b) (21 U.S.C. 841(b))—
in paragraph (1)—
in subparagraph (A)—
in clause (vi), by inserting “or” after the semicolon;
by striking (vii); and
by redesignating clause (viii) as clause (vii);
in subparagraph (B)—
by striking clause (vii); and
by redesignating clause (viii) as clause (vii);
in subparagraph (C), by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;
by striking subparagraph (D);
by redesignating subparagraph (E) as subparagraph (D); and
in subparagraph (D)(i), as redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;
by striking paragraph (4); and
by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;
in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;
in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;
in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;
in section 422(d) (21 U.S.C. 863(d))—
in the matter preceding paragraph (1), by striking “marijuana,”; and
in paragraph (5), by striking “, such as a marihuana cigarette,”; and
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)”.