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  The Library of Congress
Bill Text
113th Congress (2013-2014)
H.R.499.IH

 Congressional Record References Bill Summary & Status

H.R.499 -- Ending Federal Marijuana Prohibition Act of 2013
  Introduced in House
February 5, 2013

SECTION 1. SHORT TITLE.
TITLE I--AMENDMENTS TO DECRIMINALIZE
 MARIJUANA AT THE FEDERAL LEVEL

SEC. 101. DECRIMINALIZATION OF MARIJUANA.
SEC. 102. APPLICATION OF THE
CONTROLLED SUBSTANCES ACT
 AND CONTROLLED SUBSTANCES IMPORT
 AND EXPORT ACT TO MARIJUANA.
'SEC. 103. APPLICATION TO MARIHUANA.
SEC. 103. CONFORMING AND ANCILLARY AMENDMENTS.
TITLE II--FEDERAL MARIJUANA
 LICENSING AND RELATED MATTERS

SEC. 201. FEDERAL MARIJUANA ADMINISTRATION.
'TITLE III--MARIJUANA

'SEC. 301. UNLAWFUL BUSINESSES WITHOUT
 MARIJUANA PERMIT.
'SEC. 302. PROCEDURE FOR ISSUANCE OF
 MARIJUANA PERMITS.
'SEC. 303. DEFINITIONS.
SEC. 202. ADDITION OF MARIJUANA TO
 CERTAIN LEGAL AUTHORITIES RELATING
TO INTOXICATING LIQUORS.
TITLE III--OTHER AMENDMENTS RELATING
 TO FEDERAL AUTHORITY REGARDING MARIJUANA

SEC. 301. FOOD AND DRUG ADMINISTRATION.
SEC. 302. TRANSFERRING AGENCY FUNCTIONS
 WITH REGARD TO MARIJUANA.
SEC. 303. COMPTROLLER GENERAL
 REVIEW OF LAWS AND REGULATIONS.
SEC. 304. CONSTRUCTION.
  The Library of Congress
Bill Text
113th Congress (2013-2014)
H.R.499.IH

H.R.499
Ending Federal Marijuana Prohibition Act of 2013
 (Introduced in House - IH)

SEC. 101. DECRIMINALIZATION OF MARIJUANA.

(a) Removal From Schedule of Controlled Substances-
 Notwithstanding any other provision of the
 Controlled Substances Act (21 U.S.C. 801 et seq.),
 the Attorney General shall, not later than 60 days after
 the date of the enactment of this Act, issue a final order
 that removes marijuana in any form from all schedules
 under section 202(c) of that Act (21 U.S.C. 812(c)).

(b) Conforming Amendment To Remove Legislative
 Deadwood- Subsection (c) of section 202 of the
 Controlled Substances Act (21 U.S.C. 812) is
 amended to read as follows:

'(c) Cross Reference to Schedules of Controlled Substances-
 Schedules I, II, III, IV, and V shall consist of the drugs and other
 substances (by whatever official name, common or usual name,
 chemical name, or brand name designated) that are set forth
 in the respective schedules in part 1308 of title 21,
 Code of Federal Regulations, as they may be amended
 from time to time, or in any successor regulation.'.

SEC. 102. APPLICATION OF THE CONTROLLED SUBSTANCES
 ACT AND CONTROLLED SUBSTANCES IMPORT AND EXPORT
 ACT TO MARIJUANA.

Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.)
 is amended by adding at the end the following:

'SEC. 103. APPLICATION TO MARIHUANA.

'(a) General Nonapplication- Except as provided in this section,
 this title and title III do not apply to marihuana.

'(b) Exception: Prohibition on Certain Transportations and
 Shipments- It shall be unlawful to ship or transport marihuana
 from any place outside a State, territory, or district of the
 United States, or other place noncontiguous to but subject to
 the jurisdiction of the United States, into that State, territory,
 or district of the United States, or place, when such marihuana
 is intended by any person interested therein to be received,
 possessed, sold, or in any manner used, in violation of
any law of such State, territory, district, or place.

'(c) Penalty- Whoever knowingly violates subsection
 (b) shall be fined under title 18, United States Code,
 or imprisoned not more than one year, or both.'.

SEC. 103. CONFORMING AND ANCILLARY AMENDMENTS.

(a) Modification of Definition of 'Felony Drug Offense'-
 Section 102(44) of the Controlled Substances Act
 (21 U.S.C. 802(44)) is amended by striking 'marihuana,'.

(b) Elimination of Marijuana Penalty Provisions- Part D of the
 Controlled Substances Act (21 U.S.C. 841 et seq.) is amended--

(1) in section 401--

(A) by striking subsection (b)(1)(A)(vii);

(B) by striking subsection (b)(1)(B)(vii);

(C) by striking subsection (b)(1)(D); and

(D) by striking subsection (b)(4);

(2) in section 402(c)(2)(B), by striking 'marihuana,';

(3) in section 403(d)(1), by striking 'marihuana,';

(4) in section 418(a), by striking the last sentence;

(5) in section 419(a), by striking the last sentence;

(6) in section 422(d), in the matter preceding paragraph
 (1), by striking 'marijuana,'; and

(7) in section 422(d)(5), by striking ', such as a marihuana
 cigarette,'.

(c) Removal of Prohibition on Import and Export- Section 1010
 of the Controlled Substances Import and Export Act (21 U.S.C. 960)
 is amended--

(1) by striking subparagraph (G) of subsection (b)(1);

(2) by striking subparagraph (G) of subsection (b)(2); and

(3) by striking paragraph (4) of subsection (b).

(d) Limiting the Application of the National Forest System Drug
 Control Act of 1986 to Controlled Substances Other Than Marijuana
- The National Forest System Drug Control Act of 1986 is amended--

(1) in section 15002(a) (16 U.S.C. 559b(a)) by striking 'marijuana
 and other';

(2) in section 15003(2) (16 U.S.C. 559c(2)) by striking 'marijuana
 and other'; and

(3) in section 15004(2) (16 U.S.C. 559d(2)) by striking 'marijuana
 and other'.

(e) Interception of Communications- Section 2516 of title 18,
 United States Code, is amended--

(1) in subsection (1)(e), by striking 'marihuana,'; and

(2) in subsection (2) by striking 'marihuana,'.

(f) National Youth Anti-Drug Media Campaign- Section 709 of the Office
 of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708)
 is amended by striking subsection (j) (relating to prevention of marijuana use).

TITLE II--FEDERAL MARIJUANA LICENSING AND RELATED MATTERS

SEC. 201. FEDERAL MARIJUANA ADMINISTRATION.

The Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) is
 amended by adding at the end the following:

'TITLE III--MARIJUANA

'SEC. 301. UNLAWFUL BUSINESSES WITHOUT MARIJUANA PERMIT.

'(a) Import- It shall be unlawful, except pursuant to a permit issued
 under this title by the Secretary of the Treasury (hereinafter in this
 title referred to as 'the Secretary')--

'(1) to engage in the business of importing marijuana into the
 United States; or

'(2) for any person so engaged to sell, offer or deliver for sale,
contract to sell, or ship, in interstate or foreign commerce, directly
 or indirectly or through an affiliate, marijuana so imported.

'(b) Manufacture and Sale- It shall be unlawful, except pursuant to a
 permit issued under this title by the Secretary--

'(1) to engage in the business of cultivating, producing, manufacturing,
 packaging, or warehousing marijuana; or

'(2) for any person so engaged to sell, offer or deliver for sale,
contract to sell, or ship, in interstate or foreign commerce, directly
 or indirectly or through an affiliate, marijuana so cultivated, produced,
 manufactured, packaged, or warehoused.

'(c) Resale- It shall be unlawful, except pursuant to a permit
 issued under this title by the Secretary--

'(1) to engage in the business of purchasing marijuana for
 resale at wholesale; or

'(2) for any person so engaged to receive or to sell, offer or
 deliver for sale, contract to sell, or ship, in interstate or foreign
 commerce, directly or indirectly or through an affiliate,
 marijuana so purchased.

'(d) Remedies for Violations-

'(1) CRIMINAL FINE-

'(A) GENERALLY- Whoever violates this section shall be fined
 not more than $1000.

'(B) SETTLEMENT IN COMPROMISE- The Secretary may decide
 not to refer a violation of this section to the Attorney General for
 prosecution but instead to collect a payment from the violator of
 no more than $500 for that violation.

'(2) CIVIL ACTION FOR RELIEF- The Attorney General may, in a
 civil action, obtain appropriate relief to prevent and restrain a
violation of this title.

'SEC. 302. PROCEDURE FOR ISSUANCE OF
 MARIJUANA PERMITS.

'(a) Who Entitled to Permit-

'(1) GENERALLY- The Secretary shall issue a permit for operations
 requiring a permit under section 301 unless the Secretary finds that--

'(A) the applicant (or if the applicant is a corporation, any of its officers,
 directors, or principal stockholders) has been convicted of a disqualifying
offense;

'(B) the applicant is, by reason of business experience, financial standing,
 or trade connections, not likely to commence operations within a reasonable
 period or to maintain such operations in conformity with Federal law; or

'(C) the operations proposed to be conducted by the applicant are
 in violation of the law of the State in which they are to be conducted.

'(2) DISQUALIFYING OFFENSES- For the purposes of paragraph (1):

'(A) GENERALLY- Except as provided in subparagraph (B) a
 disqualifying offense is an offense related to the production,
consumption, or sale of marijuana that is--

'(i) a felony under Federal or State law, if the conviction occurred
 not later than 5 years before the date of the application; or

'(ii) a misdemeanor under Federal law, if the conviction occurred
not later than 3 years before the date of the application.

'(B) EXCLUDED OFFENSES- A disqualifying offense does not
include a Federal or State offense based on conduct that--

'(i) was legal under State law in the State when and where the
 conduct took place, or

'(ii) is, as of the date of the application, no longer an offense in that State.

'(b) Refusal of Permit; Hearing- If upon examination of any application
 for a permit the Secretary has reason to believe that the applicant is
 not entitled to such permit, the Secretary shall so notify the applicant
 and, upon request by the applicant, afford the applicant due notice
 and opportunity for hearing on the application. If the Secretary, after
 affording such notice and opportunity for hearing, still finds that the
 applicant is not entitled to a permit hereunder, the Secretary shall
 by order deny the application stating the findings which are
 the basis for the order.

'(c) Form of Application-

'(1) GENERALLY- The Secretary shall--

'(A) prescribe the manner and form of applications for permits under this
 title (including the facts to be set forth in the application);

'(B) prescribe the form of such permits;

'(C) specify in any permit the authority conferred by the permit and
 the conditions of that permit in accordance with this title.

'(2) SEPARATE TYPES OF APPLICATIONS AND PERMITS- To the
extent deemed necessary by the Secretary for the efficient administration
 of this title, the Secretary may require separate applications and permits
 with respect to the various classes of marijuana, and with respect to the
 various classes of persons entitled to permits under this title.

'(3) DISCLAIMER- The issuance of a permit under this title does not
 deprive the United States of any remedy for a violation of law.

'(d) Conditions- A permit under this title shall be conditioned upon--

'(1) compliance with all other Federal laws relating to production, sale
and consumption of marijuana, as well as compliance with all State laws
 relating to said activities in the State in which the permit applicant
 resides and does business; and

'(2) payment to the Secretary of a reasonable permit fee in an amount
 determined by the Secretary to be sufficient over time to offset the cost
 of implementing and overseeing all aspects of marijuana regulation
 by the Federal Government.

'(e) Revocation, Suspension, and Annulment-

'(1) GENERALLY- After due notice and opportunity for hearing, the
 Secretary may order a permit under this title--

'(A) revoked or suspended for such period as the Secretary deems
 appropriate, if the Secretary finds that the permittee has willfully violated
 any of the conditions of the permit, but for a first violation of the conditions
 the permit shall be subject to suspension only;

'(B) revoked if the Secretary finds that the permittee has not engaged in
 the operations authorized by the permit for a period of more than two years; or

'(C) annulled if the Secretary finds that the permit was procured through
 fraud, or misrepresentation, or concealment of material fact.

'(2) ORDER TO STATE BASIS FOR ORDER- The order shall state the
 findings which are the basis for the order.

'(f) Service of Orders- Each order of the Secretary with respect to any
 denial of application, suspension, revocation, annulment, or other
 proceedings, shall be served--

'(1) in person by any officer or employee of the Secretary designated by
 him or any internal revenue or customs officer authorized by the
 Secretary for the purpose; or

'(2) by mailing the order by registered mail, addressed to the applicant or
 respondent at his last known address in the records of the Secretary.

'(g) Duration-

'(1) GENERAL RULE- Except as otherwise provided in this subsection,
a permit issued under this title shall continue in effect until suspended,
 revoked, or annulled as provided in this title, or voluntarily surrendered.

'(2) EFFECT OF TRANSFER- If operations under a permit issued under
 this title are transferred, the permit automatically terminates 30 days after
 the date of that transfer, unless an application is made by the transferee
 before the end of that period for a permit under this title for those
 operations. If such an application is made, the outstanding permit shall
 continue in effect until such application is finally acted on by the Secretary.

'(3) DEFINITION OF TRANSFER- For the purposes of this section, the
 term 'transfer' means any change of ownership or control, whether
 voluntary or by operation of law.

'(h) Judicial Review- A permittee or applicant for a permit under
 this title may obtain judicial review under chapter 7 of title 5 chapter,
 United States Code, of the denial of the application of that applicant or,
 in the case of a permittee, the denial of an application
 by the transferee of that permittee.

'(i) Statute of Limitations- No proceeding for the suspension or
 revocation of a permit for violation of any condition thereof relating
 to compliance with Federal law shall be instituted by the Secretary
 more than 18 months after conviction of the violation of Federal law,
 or, if no conviction has been had, more than 3 years after the violation
 occurred; and no permit shall be suspended or revoked for a violation
 of any such condition thereof if the alleged violation of Federal law
 has been compromised by any officer of the Government authorized
 to compromise such violation.

'SEC. 303. DEFINITIONS.

'In this title--

'(1) the term 'marijuana' has the meaning given the term 'marihuana'
 in section 102 of the Controlled Substances Act (21 U.S.C. 802); and

'(2) the term 'State' includes the District of Columbia, Puerto Rico,
 and any territory or possession of the United States.'.

SEC. 202. ADDITION OF MARIJUANA TO CERTAIN LEGAL
AUTHORITIES RELATING TO INTOXICATING LIQUORS.

(a) Wilson Act- The Act of August 8, 1890 (commonly known as the
 Wilson Act or the Original Packages Act; 27 U.S.C. 121) is amended
 by inserting 'or marijuana' after 'intoxicating liquors or liquids'.

(b) Webb-Kenyon Act- The Act of March 1, 1913 (commonly known
 as the Webb-Kenyon Act; 27 U.S.C. 122) is amended by inserting ',
or marijuana' after 'intoxicating liquor' both places it appears.

(c) Victims of Trafficking and Violence Protection Act of 2000- Section 2
 of the Victims of Trafficking and Violence Protection Act of 2000
 (27 U.S.C. 122a) is amended--

(1) in subsection (a)--

(A) by redesignating paragraphs (3) and (4) as paragraphs
 (4) and (5), respectively; and

(B) by inserting after paragraph (2) the following new paragraph:

'(3) The term 'marijuana' has the meaning given the term
 'marihuana' in section 102 of the
 Controlled Substances Act (21 U.S.C. 802).'; and

(2) in subsections (b) and (c), by inserting 'or marijuana'
 after 'intoxicating liquor' each place it appears.

(d) Federal Alcohol Administration Act- Section 3 of the
 Federal Alcohol Administration Act (27 U.S.C. 203) is amended--

(1) by inserting 'marijuana,' before 'distilled spirits' each
 place it appears (except in subsection (b)(1)); and

(2) in paragraph (b)(1) by inserting 'manufacturing and
distribution of marijuana,' after 'the business of,'.

TITLE III--OTHER AMENDMENTS RELATING TO FEDERAL
 AUTHORITY REGARDING MARIJUANA

SEC. 301. FOOD AND DRUG ADMINISTRATION.

The Food and Drug Administration shall have the same authorities
 with respect to marijuana as the Administration has with respect to alcohol.

SEC. 302. TRANSFERRING AGENCY FUNCTIONS WITH
 REGARD TO MARIJUANA.

(a) Transfer of Jurisdiction From Drug Enforcement Administration to Bureau
of Alcohol, Tobacco, Firearms and Explosives- The functions of the
 Attorney General, acting through the Administrator of the
Drug Enforcement Administration relating to marijuana enforcement,
 shall hereafter be administered by the Attorney General, acting through
 the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(b) Redesignation of Bureau of Alcohol, Tobacco, Firearms and Explosives
 as Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives-

(1) REDESIGNATION- The Bureau of Alcohol, Tobacco, Firearms and
 Explosives is hereby renamed the 'Bureau of Alcohol, Tobacco, Marijuana,
 Firearms and Explosives'.

(2) REFERENCES- Any reference to the Bureau
 of Alcohol, Tobacco,
 Firearms and Explosives in any law, regulation, map, document, record,
 or other paper of the United States shall be deemed to be a reference to
 the Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives.

(c) Redesignation of Alcohol and Tobacco
 Tax and Trade Bureau as Alcohol,
 Tobacco, and Marijuana Tax and Trade Bureau-

(1) REDESIGNATION- The Alcohol and Tobacco Tax and Trade Bureau
 is hereby renamed the 'Alcohol, Tobacco, and
 Marijuana Tax and Trade Bureau'.

(2) REFERENCES- Any reference to the Alcohol and Tobacco Tax and
 Trade Bureau in any law, regulation, map, document, record, or other paper
 of the United States shall be deemed to be a reference to the Alcohol,
 Tobacco, and Marijuana Tax and Trade Bureau.

SEC. 303. COMPTROLLER GENERAL REVIEW OF
 LAWS AND REGULATIONS.

The Comptroller General shall conduct a review of Federal laws,
 regulations, and policies to determine if any changes in them
 are desirable in the light of the purposes and provisions of this Act.

 Not later than 2 years after the date of the enactment of this Act
 the Comptroller General shall make to Congress
 and the relevant agencies
 such recommendations relating to the results of that review
 as the Comptroller General deems appropriate.

SEC. 304. CONSTRUCTION.

Neither this Act nor any amendment made by this Act
 shall be construed to affect Federal drug testing policies.