Overview

Title

To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes.

ELI5 AI

S. 4226 is a plan to stop treating cannabis as a big no-no in the U.S. and help people hurt by old cannabis laws by cleaning their records and giving them new chances, while also setting up rules to keep people safe and healthy.

Summary AI

S. 4226 aims to decriminalize and deschedule cannabis at the federal level in the United States. It seeks to support communities disproportionately affected by the War on Drugs by investing in them and expunging certain cannabis-related offenses. The bill also outlines measures for regulating cannabis with regard to public safety, research, healthcare, taxation, and trade practices. Additionally, it encourages equity in cannabis-related business licensing, promotes public health research, and provides guidelines for cannabis banking and financial services.

Published

2024-05-01
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-05-01
Package ID: BILLS-118s4226is

Bill Statistics

Size

Sections:
106
Words:
56,568
Pages:
277
Sentences:
1,090

Language

Nouns: 16,257
Verbs: 4,232
Adjectives: 2,883
Adverbs: 559
Numbers: 2,110
Entities: 2,282

Complexity

Average Token Length:
4.27
Average Sentence Length:
51.90
Token Entropy:
5.86
Readability (ARI):
28.09

AnalysisAI

The proposed legislation, known as the Cannabis Administration and Opportunity Act, aims to decriminalize cannabis at the federal level. The bill is a comprehensive piece of legislation that addresses a wide range of issues, including descheduling cannabis, expungement of certain cannabis offenses, reinvestment in communities adversely affected by the War on Drugs, research into cannabis, regulation of cannabis products, opportunities for economic development, public health, workplace safety, banking, community development, taxation, and more.

General Summary

This bill seeks to make significant changes to how cannabis is treated under federal law. It proposes removing cannabis from the controlled substances list, thus eliminating the federal penalties associated with its use, possession, and sale. Moreover, the bill creates opportunities for people previously convicted of cannabis offenses to have these convictions expunged. It includes various provisions to ensure that communities most affected by the War on Drugs benefit from the new legal cannabis market through reinvestment programs and equitable licensing opportunities. On top of that, the bill would establish regulatory frameworks for cannabis products, ensuring that they are safe for consumers. Additionally, it would highlight the public health implications of cannabis use, promote cannabis-related research, and adjust workplace safety standards to accommodate the newly legal status of cannabis.

Significant Issues

One significant issue within the bill is the potential complexity and inconsistency in enforcement because the bill allows for varying state laws. While states will keep the right to regulate cannabis within their borders, the federal decriminalization could lead to conflicts between state and federal regulations.

Another important concern is the oversight and precise allocation of funding. The bill's provisions establish several new programs and agencies, with significant allocations for research and development. However, there is a lack of clarity on how this money will be monitored and evaluated to prevent potential wasteful spending.

There is also ambiguity regarding the knowledge requirements for manufacturers and distributors, which could lead to disputes over their compliance and enforcement, notably around illicit trade.

Potential Impact on the Public

For the general public, decriminalizing cannabis at the federal level might alleviate some of the legal risks associated with cannabis use and possession, potentially leading to a significant reduction in cannabis-related arrests and incarcerations. This shift in policy could reduce the burden on the legal system and shift focus towards more serious crimes.

Moreover, the economic impacts could be substantial. Legal cannabis commerce might lead to job creation and increased tax revenues from cannabis businesses. Communities that have been disproportionately affected by previous drug policies could receive much-needed economic support through reinvestment initiatives outlined in the bill.

Impact on Specific Stakeholders

Impact on Communities: Communities affected by the War on Drugs are positioned to receive significant support. The bill's provisions for expungement of cannabis offenses and reinvestment in these communities could lead to increased socio-economic mobility for those individuals.

Impact on Businesses: Legal cannabis operations would benefit through access to federal Small Business Administration programs, which previously had not been available to them due to legal restrictions. This might foster economic growth and innovation within the cannabis industry but could also lead to increased competition.

Impact on Law Enforcement and Regulators: Law enforcement agencies might face new challenges as they adjust to changes in legal jurisdiction and enforcement practices. Federal agencies, like the proposed Cannabis Justice Office and federal regulators, will have increased responsibilities, stretching resources and potentially increasing administrative overhead.

Impact on Healthcare Providers: Medical professionals will be allowed to provide recommendations regarding cannabis, which might necessitate additional training and resources for healthcare providers, especially those linked with state-endorsed cannabis programs.

In conclusion, while the Cannabis Administration and Opportunity Act offers robust changes and potential benefits, oversight and coordination between federal, state, and local entities will be crucial for its successful implementation. Balancing economic, social, and public health concerns will be vital to addressing the diverse impacts of this significant policy shift.

Financial Assessment

The bill, S. 4226, makes several significant financial appropriations and allocations aimed at addressing the impacts of the War on Drugs, enhancing cannabis research, and ensuring safe handling and regulation of cannabis.

Financial Allocations

Appropriations for Research and Public Health

The bill allocates substantial funding for research and public health initiatives related to cannabis. For biomedical research alone, $200 million per year from 2025 to 2029 is provided (Section 202). Similarly, to increase the availability of cannabis products for research purposes, $275 million annually for the same period is set aside (Section 206). There is also a commitment of $200 million annually to fund cannabis research infrastructure grants for higher education institutions (Section 211).

Public Health Surveillance and Media Campaigns

The bill includes $100 million per year from 2025 to 2029 for public health surveillance and data collection on cannabis use (Section 203). Additionally, it earmarks $15 million annually to prevent underage cannabis use (Section 204), and $5 million each year for national media campaigns on cannabis use aimed at reducing underage consumption and impaired driving (Section 205).

Opportunity Trust Fund and Justice Programs

A significant portion of the bill focuses on restorative justice and opportunities for communities impacted by the War on Drugs. The Opportunity Trust Fund programs receive $1.65 billion for fiscal year 2025 for community reinvestment grants, while the Cannabis Restorative Opportunity Program and Equitable Licensing Grant Program receive $17 million and $550 million respectively for fiscal year 2025 (Section 301).

Support for Community Development

To further invest in communities, the bill provides $200 million annually for the Community Development Financial Institutions Fund and another $200 million annually for the Emergency Capital Investment Fund, targeting low- and moderate-income areas most affected by the War on Drugs (Section 704). In addressing housing and community development, $300 million each year is directed to grants addressing these needs for impacted individuals and communities.

Commentary on Financial References and Issues

Several issues arose concerning these financial appropriations:

  • Oversight and Accountability: While the bill allocates significant funds for various initiatives, such as research infrastructure grants (Section 211), it does not specify oversight mechanisms. This lack of explicit oversight could lead to misuse of funds, reflecting concerns about potential financial misallocation.

  • Justice and Licensing Programs: The appropriations for opportunity programs aim to address disparities caused by past cannabis convictions. However, the definition of 'individual adversely impacted by the War on Drugs' (Issue 1) and the vagueness in financial oversight for programs like the Cannabis Justice Office may complicate appropriate fund utilization.

  • Cannabis Impaired Driving Standards: The financial provision of $45 million each year to support state cannabis-impaired driving prevention programs (Section 224) highlights concerns over inadequately defined impairment standards (Issue 4), potentially leading to inefficient use of these dedicated funds.

  • Interagency Collaboration Funds: The transfer of responsibilities from the DEA to other federal departments (Section 102) may benefit from appropriation, but could also lead to complexities in financial administration due to unclear departmental responsibilities (Issue 8).

  • Lack of Explicit Research Funding: Some sections mandate research and data collection without specifying funding, such as cannabis-impaired driving research (Section 222), which may result in underfunded initiatives (Issue 7).

Overall, S. 4226 illustrates substantial financial commitment to addressing inequalities from past cannabis policies, supporting cannabis research, and ensuring public safety. However, some financial measures might lack oversight, potentially impacting their effective implementation.

Issues

  • The definition of 'individual adversely impacted by the War on Drugs' in SECTION 301 might be seen as overly broad, potentially including individuals with indirect connections to cannabis offenses, which could complicate the assessment of eligibility for the opportunity trust fund programs.

  • The exception for drug testing of federal employees in SECTION 101 allows cannabis to still be treated as a Schedule I controlled substance for certain federal employees, which contradicts the decriminalization intent of the bill.

  • The language regarding 'knowledge' for manufacturers and distributors in SECTION 112 might be too broad, potentially leading to disputes over what constitutes sufficient awareness of illicit trade activities.

  • The bill's provision for cannabis-impaired driving standards in SECTION 225 does not specify the criteria for determining impairment, leading to potential inconsistencies in enforcement.

  • The penalties outlined in SECTION 112 for offenses related to cannabis transactions not authorized under state law seem disproportionately high, especially given ongoing changes in state-level cannabis legislation.

  • The lack of explicit funding mechanisms or budgetary oversight in SECTIONS 110 and 511 for the Cannabis Justice Office and federal cannabis administration could lead to concerns about financial oversight and potential wasteful spending.

  • There is no mention of a budget or funding mechanism in SECTION 222 to support the mandated research and data collection activities related to cannabis-impaired driving, which might lead to underfunding or misallocation of resources.

  • The transfer of jurisdiction from the DEA to HHS and the Treasury in SECTION 102 could result in unclear delineation of responsibilities between these departments, potentially leading to inefficiencies.

  • The language regarding the 'reasonable person' standard for knowledge of illegal transactions in SECTION 112 may lead to legal ambiguities or challenges.

  • The bill allows for the transfer of burden from federal enforcement to state/tribal authorities in SECTION 111, which might create conflicts or complexities in legal jurisdictions and enforcement.

  • The section on cannabis research infrastructure grants in SECTION 211 does not specify oversight or auditing procedures to ensure that funds are used as intended, which might lead to potential misuse of funds.

  • The definition of 'cannabis conviction' in SECTION 3062 relies on another document (Cannabis Administration and Opportunity Act), potentially causing confusion without access to referenced documents.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Cannabis Administration and Opportunity Act is a bill that outlines an extensive framework for the decriminalization of cannabis, enhancing public safety, and respecting states' rights. It addresses areas like research, public health, economic development through trust funds, federal cannabis regulation, workplace safety, banking, community development, and other miscellaneous provisions, emphasizing cannabis legalization's societal impacts and fostering equitable opportunities.

2. Findings Read Opens in new tab

Summary AI

The findings highlight the negative impact of cannabis prohibition on communities of color, the economic growth of the legal cannabis industry, and the challenges faced by minorities in entering the market due to historical inequalities and legal barriers. Despite reforms in many states to allow legal cannabis use, federal restrictions and high costs continue to limit opportunities for minority-owned businesses.

Money References

  • (5) The Food and Drug Administration recommended that cannabis be rescheduled under the Controlled Substances Act, from Schedule I to Schedule III, having identified “credible scientific support for the medical use of marijuana”. (6) Legal cannabis businesses support more than 417,000 jobs throughout the United States. (7) Legal cannabis sales totaled $33,600,000,000 in 2023 and are projected to reach $56,900,000,000 by 2028.
  • (8) According to the American Civil Liberties Union (ACLU), enforcing cannabis prohibition laws costs taxpayers approximately $3,600,000,000 a year.
  • (13) Applicants for cannabis licenses are limited by numerous laws, regulations, and exorbitant permit applications, licensing fees, and costs in these States, which can require more than $700,000.

3. Definitions Read Opens in new tab

Summary AI

In this Act, cannabis and cannabis product are defined according to the Federal Food, Drug, and Cosmetic Act. A cannabis offense refers to crimes involving cannabis that are no longer punishable by federal or state law. An Indian Tribe is identified as the governing body of any federally recognized Native American or Alaska Native group, as listed under the Federally Recognized Indian Tribe List Act of 1994.

101. Decriminalization of cannabis Read Opens in new tab

Summary AI

The section outlines the decriminalization of cannabis, removing it from the federal list of controlled substances and amending various existing laws accordingly. It also sets retroactive policies for pending and past cannabis-related offenses and includes special rules for federal employee drug testing concerning cannabis.

Money References

  • (9) TARIFF ACT PROVISIONS.—Section 584(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1584(a)(2)) is amended— (A) by striking the second sentence and inserting “If any of such merchandise so found consists of smoking opium or opium prepared for smoking, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for smoking opium or opium prepared for smoking being in such merchandise shall be liable to a penalty of $500 for each ounce thereof so found.”; and (B) by striking the last sentence and inserting “As used in this paragraph, the term ‘opiate’ shall have the same meaning given that term by sections 102(18) of the Controlled Substances Act (21 U.S.C. 802(18)).”. (d) Retroactivity.

102. Transferring agency functions with regard to cannabis Read Opens in new tab

Summary AI

The bill section proposes transferring cannabis-related enforcement duties from the DEA to the Department of Health and Human Services and the Department of the Treasury. It also renames the Alcohol and Tobacco Tax and Trade Bureau to include cannabis and requires a memorandum of understanding between agencies to reduce compliance burdens for the cannabis industry.

111. States’ rights Read Opens in new tab

Summary AI

The section outlines regulations regarding the transportation of cannabis across states. It allows states to apply their local laws to cannabis arriving within their borders, prohibits its shipment if it's intended to violate a state's law, ensures states or tribes cannot block cannabis transportation through their area, and modifies existing law to include cannabis by aligning it with rules for intoxicating liquors.

112. Diversion of cannabis Read Opens in new tab

Summary AI

The section outlines laws and penalties related to the illegal handling of cannabis, requiring permits to grow, transport, or sell large amounts, and imposes fines or jail time for violations. It also mandates tracking and tracing regulations to prevent illicit activities, including keeping records for inspection, while consulting with Indian Tribes and considering state practices.

Money References

  • who violates— (I) subclause (I) or (II) of clause (i) shall be imprisoned not more than 1 year, fined not more than $50,000, or both; or (II) subclause (III) or (IV) of clause (i) shall be imprisoned not more than 5 years, fined not more than $100,000, or both. (2) FINES.—The penalty provided for in this subsection may be recovered by the Secretary of the Treasury or by an action brought by the Attorney General in any court of competent jurisdiction. (3) ENFORCEMENT.—It shall be the duty of the Attorney General upon the request of the Secretary of the Treasury to bring an action for an injunction against any person who violates, disobeys or disregards any term or provision of this subtitle or of any lawful notice, order or regulation pursuant thereto; provided, however, that the Secretary of the Treasury shall furnish the Attorney General with such material, evidentiary matter or proof as may be requested by the Attorney General for the prosecution of such an action. (b) Tracking and tracing regulations.— (1) ISSUANCE OF TRACKING AND TRACING REGULATIONS.
  • — (I) denies access to any relevant records described in subparagraph (A) to any officer or employee duly designated by the Secretary; or (II) fails to comply with an order issued by a district court pursuant to clause (i), shall be fined not more than $10,000.

201. Societal impact of cannabis legalization study Read Opens in new tab

Summary AI

The section directs the Comptroller General of the United States to study the effects of cannabis legalization in states, focusing on law enforcement, employment, healthcare, and tax revenue. The findings must be shared with several Congressional committees within two years, with a full report to follow later.

202. Biomedical research on cannabis Read Opens in new tab

Summary AI

The bill section directs the Secretary of Health and Human Services to conduct or support research on the effects and medical uses of cannabis, addressing various topics such as its impact on different health conditions and methods of delivery. It mandates annual reports to Congress for four years and allocates $200 million annually from 2025 to 2029 for this research.

Money References

  • (e) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

203. Public health surveillance and data collection Read Opens in new tab

Summary AI

The section amends the Public Health Service Act to enhance data collection and studies on the health effects of cannabis, stimulants, and multiple substance use; it increases the funding for these activities from $496 million to $596 million annually for fiscal years 2025 to 2029 and provides additional funding of $100 million per year for the same period.

Money References

  • (a) In general.—Section 392A of the Public Health Service Act (42 U.S.C. 280b–1) is amended— (1) in the section heading, by inserting “and adverse health effects of cannabis use” after “substances”; (2) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (C) by inserting “and adverse health effects of cannabis use” before the period; and (ii) in subparagraph (D) by inserting “, cannabis, and polysubstance use” before the period; and (B) in paragraph (4), by inserting “and collect data to better understand the use and health effects of cannabis, stimulants, and polysubstances, and” after “conduct studies and evaluations”; (3) in subsection (e), by striking “$496,000,000 for each of fiscal years 2019 through 2023” and inserting “$596,000,000 for each of fiscal years 2025 through 2029”; and (4) by adding at the end the following: “(f) Additional funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $100,000,000 for each of fiscal years 2025 through 2029 to carry out this section.”. ---

204. Awards to prevent underage cannabis use Read Opens in new tab

Summary AI

The bill section provides funding for grants to organizations aimed at preventing and reducing underage cannabis use. Eligible recipients, such as state and local governments, tribal organizations, and nonprofits, can use the funds for community and school-based programs, educational campaigns, data collection, and other strategies to combat underage cannabis use, with priority given to underserved and disproportionately affected communities.

Money References

  • “(f) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

553. Awards to prevent underage cannabis use Read Opens in new tab

Summary AI

The section allows the Secretary to provide grants, contracts, and agreements to various eligible entities, such as states and nonprofit organizations, to prevent and reduce underage cannabis use. Funds awarded must be used to support culturally appropriate programs, educate communities, and strengthen collaboration, with priority given to underserved communities and those with high cannabis use rates.

Money References

  • , there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

205. National media campaigns on cannabis use Read Opens in new tab

Summary AI

The bill section outlines a plan for the Secretary of Health and Human Services, along with other agencies, to run national media and educational campaigns about the dangers of underage cannabis use and cannabis-impaired driving. It mandates creating annual reports on these efforts and allocates $5,000,000 annually from 2025 to 2029 for the campaigns.

Money References

  • (d) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

206. Increasing availability of cannabis products for research purposes Read Opens in new tab

Summary AI

The bill mandates the Secretary of Health and Human Services to work with other officials to increase the types of cannabis products available for research, ensuring diverse options that mimic consumer-available products. Additionally, $275 million is allocated annually from 2025 to 2029 for this purpose, and a briefing to Congress is required within one year of the bill's enactment.

Money References

  • (c) Congressional briefing.—Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives on the activities under subsection (a). (d) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $275,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

207. Trans-NIH cannabis consortium Read Opens in new tab

Summary AI

The Trans-NIH Cannabis Research Consortium is established by the Director of NIH to organize cannabis research across the NIH. The consortium will set research priorities, look for collaboration opportunities, and support new cannabis researchers, while regularly consulting with experts and reporting to Congress and the public on their activities and progress.

404P. Trans-NIH cannabis consortium Read Opens in new tab

Summary AI

The Trans-NIH Cannabis Research Consortium, overseen by the Director of the National Institute on Drug Abuse, will coordinate cannabis research efforts across various national research institutes. Its duties include setting research priorities, identifying collaboration opportunities, fostering new cannabis researchers, and providing biannual reports on research projects, strategic initiatives, career awards, and the diversity of research participants.

208. Cannabis research interagency advisory committee Read Opens in new tab

Summary AI

The section establishes a Cannabis Research Interagency Advisory Committee within the Department of Health and Human Services to coordinate federal research and activities related to cannabis. The committee includes members from various federal agencies and is responsible for overseeing cannabis research, identifying barriers, making recommendations, and providing annual updates on progress and strategic plans to Congress and the President.

209. Awards for cannabis research Read Opens in new tab

Summary AI

The Secretary of Health and Human Services is tasked with giving grants to public and nonprofit groups to research the health effects of cannabis, especially in different populations such as children and pregnant women. The grants will focus on understanding both the benefits and risks of cannabis, and priority will be given to minority-serving institutions. Reports on this research must be publicly shared, and $200 million per year will be allocated for these efforts from 2025 to 2029.

Money References

  • (f) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

210. Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder Read Opens in new tab

Summary AI

The Department of Veterans Affairs is required to conduct clinical trials on veterans with chronic pain or PTSD to study the effects of medical cannabis on various health outcomes, ensuring a diverse representation and excluding veterans at high risk of substance use disorder or with certain health conditions. The trials will explore different forms of cannabis with varied THC to CBD ratios, and data will be preserved for future research, with periodic reports submitted on the implementation progress.

211. Cannabis research infrastructure grants Read Opens in new tab

Summary AI

The bill establishes a grant program to help colleges and universities build facilities and resources for cannabis research. Priority for these grants will be given to schools with limited resources and those with experience in cannabis studies, and the funds can be used for tasks like growing cannabis, buying lab equipment, and hiring staff.

Money References

  • “(g) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to carry out this section.”.

899. Cannabis research infrastructure grant program Read Opens in new tab

Summary AI

The Cannabis Research Infrastructure Grant Program establishes a process where the Secretary awards competitive grants to colleges and universities, helping them build or improve facilities and resources for cannabis research. It prioritizes certain schools, such as under-resourced colleges and those with cannabis research experience, and grants can be used for activities like cultivating cannabis, upgrading lab facilities, and recruiting staff.

Money References

  • (c) Priority in awards.—In awarding grants under this section, the Secretary shall give priority to— (1) institutions of higher education described in section 371(a); (2) under-resourced institutions of higher education, including community colleges; and (3) institutions of higher education with experience in conducting or supporting cannabis research or developing academic courses or programs for students in the cannabis industry. (d) Use of funds.—An institution of higher education that receives a grant under this section shall use the grant funds to develop or enhance the necessary infrastructure for exploratory cannabis research, including— (1) cultivating cannabis for research purposes; (2) purchasing, renting, or leasing scientific or laboratory equipment; (3) constructing or upgrading cultivation or laboratory facilities; (4) purchasing or enhancing storage and security needs; (5) establishing school policies, procedures, or training to conduct or support research, such as policies and training to safely handle and store substances; (6) paying State fees to apply for and receive certificates or registrations to handle certain substances; or (7) recruiting or retaining staff necessary for developing or enhancing the cannabis research infrastructure of the institution of higher education, including for training and support purposes. (e) Awards.—Notwithstanding any other provision of law, activities supported by grants under this section shall not be considered violations of section 120 for the purposes of enforcing or assessing compliance with that section. (f) Definitions.—In this section: (1) COMMUNITY COLLEGE.—The term “community college” means— (A) a public institution of higher education, including additional locations, at which the highest awarded degree, or the predominantly awarded degree, is an associate degree; or (B) a Tribal College or University (as defined in section 316). (2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term in section 101. (g) Funding.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to carry out this section. ---

221. Definitions Read Opens in new tab

Summary AI

The section provides definitions for terms used in the document: Administrator refers to the head of the National Highway Traffic Safety Administration, Secretary refers to the Secretary of Transportation, and THC stands for tetrahydrocannabinol.

222. Cannabis-impaired driving research Read Opens in new tab

Summary AI

The Cannabis-Impaired Driving Research section outlines plans for the collection and analysis of data on driving under the influence of cannabis. Within one year of the act's passage, a National Roadside Survey will begin gathering data, and within three years, a study will be conducted to assess the risks and effects of cannabis-impaired driving, including its correlation with THC levels and interactions with other substances. The findings from these initiatives will be reported to relevant congressional committees.

223. DOT cannabis-impaired driving prevention programs Read Opens in new tab

Summary AI

The section mandates that the Secretary of Transportation research and implement strategies to educate the public about the dangers of cannabis-impaired driving. This includes creating best practices for preventing it, launching national campaigns, evaluating their effectiveness every three years, and reporting to Congress with recommendations and analyses.

224. State cannabis-impaired driving prevention grant program Read Opens in new tab

Summary AI

The section establishes a program to provide grants to U.S. states for preventing cannabis-impaired driving, including training public safety personnel, improving toxicology labs, and conducting educational campaigns. States must comply with certain conditions, such as implementing best practices and data reporting, to receive funding, and the federal government will cover a significant portion of costs, which decreases if states do not enact open container laws for cannabis products.

Money References

  • “(h) Funding.—In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $45,000,000 for each of fiscal years 2025 through 2029 to carry out this section.”. (b) Clerical amendment.—The analysis for chapter 4 of title 23, United States Code, is amended by inserting after the item relating to section 408 the following: “409. State cannabis-impaired driving prevention grant program.”. ---

409. State cannabis-impaired driving prevention grant program Read Opens in new tab

Summary AI

The State Cannabis-Impaired Driving Prevention Grant Program aims to provide financial support for states to create programs that prevent cannabis-related impaired driving. States can use these funds for activities such as training law enforcement, collecting data on cannabis use while driving, and educating the public, but they must meet certain eligibility requirements and adhere to funding conditions, such as implementing open container laws for cannabis products to maintain federal funding levels.

Money References

  • (h) Funding.—In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $45,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

225. National cannabis impairment standard Read Opens in new tab

Summary AI

The section mandates that within three years from the act’s enactment, and every two years afterwards, the Secretary must decide if it's possible to set a national standard for determining cannabis-related driving impairment. If feasible, the Secretary is required to create regulations for a model marijuana impairment standard within a year of the decision.

226. Funding Read Opens in new tab

Summary AI

In section 226, the bill allocates $30 million a year from 2025 to 2029 to fund sections 222 and 223, using money from the Treasury that hasn't been assigned for other purposes.

Money References

  • In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $30,000,000 for each of fiscal years 2025 through 2029 to carry out sections 222 and 223. ---

301. Opportunity trust fund programs Read Opens in new tab

Summary AI

The text describes provisions for establishing a Cannabis Justice Office to manage programs like the Community Reinvestment Grant Program, which supports individuals impacted by the War on Drugs through services like job training and legal aid. It also outlines the Cannabis Opportunity Program and Equitable Licensing Grant Program, which aim to provide financial assistance and create fair licensing for cannabis businesses in eligible states or tribal areas, with a focus on those from disadvantaged backgrounds.

Money References

  • (1) COMMUNITY REINVESTMENT GRANT PROGRAM.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $1,650,000,000 for fiscal year 2025, to remain available until September 30, 2029, to carry out the program under part PP of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), as added by subsection (a)(2). (2) CANNABIS RESTORATIVE OPPORTUNITY PROGRAM.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $17,000,000 for fiscal year 2025, to remain available until September 30, 2029, to carry out the program under subsection (b)(2). (3) EQUITABLE LICENSING GRANT PROGRAM.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $550,000,000 for fiscal year 2025, to remain available until September 30, 2029, to carry out the program under subsection (b)(3). ---

110. Cannabis Justice Office Read Opens in new tab

Summary AI

The Cannabis Justice Office is being created within the Office of Justice Programs and will be led by a Director appointed by the Assistant Attorney General. The office will hire employees, including legal counsel and a Tribal Relations Coordinator, and its main responsibilities include managing a grant program and carrying out tasks assigned by the Assistant Attorney General.

3061. Authorization Read Opens in new tab

Summary AI

The section authorizes the Director of the Cannabis Justice Office to create a grant program called the “Community Reinvestment Grant Program.” This program provides funding to eligible organizations for services like job training, reentry services, legal aid, literacy programs, youth programs, and health education, aimed at helping those harmed by the War on Drugs.

3062. Definitions Read Opens in new tab

Summary AI

The text defines key terms related to a bill concerning cannabis and its social impact. It includes definitions for “cannabis conviction,” types of “eligible entities” like certain nonprofits and Native groups, and who qualifies as an “individual adversely impacted by the War on Drugs.”

302. Comprehensive opioid, stimulant, and substance use disorder program Read Opens in new tab

Summary AI

The bill section updates existing laws to include stimulants and broader substance use disorders alongside opioids. It allocates $200 million annually from 2025 to 2029 to fund related programs for these issues.

Money References

  • (a) In general.—Part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10701 et seq.) is amended— (1) in the part heading, by striking “opioid abuse grant” and inserting “opioid, stimulant, and substance use disorder”; (2) in section 3021(a) (34 U.S.C. 10701(a))— (A) in paragraph (2), by striking “opioid abuse” and inserting “substance use disorder”; (B) in paragraph (7), by striking “opioid abuse” and inserting “substance use disorder”; and (C) in paragraph (10), by striking “opioid” and inserting “substance misuse and”; and (3) in section 3022(4) (34 U.S.C. 10702(4)), by striking “opioid abuse” and inserting “substance misuse and abuse”. (b) Appropriation.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to carry out the program under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by subsection (a) of this section. ---

303. Availability of small business administration programs and services to cannabis-related legitimate businesses and service providers Read Opens in new tab

Summary AI

The proposed amendments to the Small Business Act ensure that cannabis-related legitimate businesses and service providers can access Small Business Administration programs and services without facing discrimination. This includes eligibility for financial support such as loans, grants, and assistance from development centers, despite being involved in legal cannabis activities.

321. Debentures to finance cannabis-related legitimate businesses and service providers Read Opens in new tab

Summary AI

The section states that the Administrator cannot refuse to buy or support loans for small business investment firms just because they help businesses involved in legal cannabis activities. Similarly, these investment companies must not withhold assistance from small businesses solely because they are involved in legal cannabis operations.

511. Loans to finance cannabis-related legitimate businesses and service providers Read Opens in new tab

Summary AI

The section allows loans and assistance to be given to companies working with cannabis, stating that they cannot be denied just because they are connected to lawful cannabis activities, according to the Small Business Act. This means businesses involved with cannabis can receive financial support like other businesses.

304. Demographic data of cannabis business owners and employees Read Opens in new tab

Summary AI

The section requires the Bureau of Labor Statistics to gather and publicly release data on the demographics of cannabis business owners and employees, covering aspects like age, education, and race. It ensures that personal details like names and addresses remain confidential while also defining key terms like "cannabis industry" and "State".

305. Pilot program Read Opens in new tab

Summary AI

The text describes a pilot program that allows the Administrator to make direct loans of up to $10 million each to eligible nonprofit organizations or financial institutions over a 20-year term, with rules set for interest rates and loan limits. The program aims to help small business startups, particularly those owned by individuals affected by the War on Drugs or socially and economically disadvantaged groups, through loans and additional support services like marketing and management.

Money References

  • “(B) LOAN LIMITS.—No loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the Administrator would, as a result of such loan, exceed $10,000,000 during the participation of the eligible intermediary in the Program.
  • (G) MAXIMUM PARTICIPANTS AND AMOUNTS.—During each fiscal year, the Administrator may make loans under the Program— “(i) to not more than 30 eligible intermediaries; and “(ii) in a total amount of not more than $300,000,000. “(4) LOANS TO SMALL BUSINESS CONCERNS.
  • “(B) MAXIMUM LOAN.—An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern.
  • — “(i) IN GENERAL.—Subject to clause (ii), a loan made by an eligible intermediary to a small business concern under this subsection— “(I) may have a fixed or a variable interest rate; and “(II) shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection. “(ii) RESTRICTIONS.—The Administrator may limit the interest rate or provide forbearance or deferment on repayment of a loan made by an eligible intermediary to a small business concern under this section. “(D) REVIEW RESTRICTIONS.—The Administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary. “(5) FUNDING.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for fiscal year 2025, to remain available until September 30, 2029— “(A) $90,000,000 to carry out paragraph (2)(A); and “(B) $41,000,000 to carry out paragraph (2)(B).

306. Eliminating disparities among cannabis-related legitimate businesses and service providers Read Opens in new tab

Summary AI

The section aims to eliminate unfair treatment of cannabis-related businesses and service providers by reviewing and possibly changing Small Business Administration rules to reduce obstacles and enhance loan opportunities, especially for minority businesses and those affected by the War on Drugs. This may include looking at successful state-level programs as examples.

311. Resentencing and expungement Read Opens in new tab

Summary AI

This section of the bill provides for the expungement of federal cannabis convictions for individuals not serving a criminal sentence, allowing them to treat such convictions as if they never happened and protecting them from related penalties. It includes various processes and conditions for expungement, a required demographic study of those previously convicted, and a report to Congress on the study's findings.

312. No discrimination in the provision of a Federal public benefit on the basis of cannabis Read Opens in new tab

Summary AI

People cannot be denied federal benefits or security clearances just because they've used or possessed cannabis, or because of any past cannabis-related legal issues.

313. No adverse effect for purposes of the immigration laws Read Opens in new tab

Summary AI

For immigration purposes, cannabis is not considered a controlled substance, and people cannot be denied immigration benefits due to cannabis-related activities. The Immigration and Nationality Act is amended to remove distinctions based on offences related to small amounts of marijuana, ensuring that removal orders and eligibility for benefits are not adversely affected by cannabis-related issues.

314. Provision by health care providers of the Department of Veterans Affairs of recommendations and opinions regarding veteran participation in cannabis programs Read Opens in new tab

Summary AI

The section requires the Secretary of Veterans Affairs to update policies so that Department of Veterans Affairs health care providers can offer veterans advice about joining cannabis programs and fill out any necessary forms. These updates must be completed within 180 days after the law is passed.

315. Provision by health care providers of Indian health programs of recommendations and opinions regarding participation in cannabis programs Read Opens in new tab

Summary AI

The section requires the Director of the Indian Health Service to update regulations and policies to allow healthcare providers to give recommendations and opinions about patients' participation in State or Tribal cannabis programs. Providers can also complete forms related to those recommendations.

401. Creation of Opportunity Trust Fund and imposition of taxes with respect to cannabis products Read Opens in new tab

Summary AI

The section establishes a trust fund called the Opportunity Trust Fund, funded by taxes on cannabis products. It outlines various tax regulations for cannabis producers, importers, and distributors, including penalties for non-compliance, and mandates regular studies on the cannabis industry and tax impacts.

Money References

  • — “(A) IN GENERAL.—For purposes of this subsection, the applicable tax amount shall be an amount equal to the lesser of— “(i) the amount of any tax imposed by subsection (a) for the calendar year, or “(ii) the phase-in amount. “(B) PHASE-IN AMOUNT.—For purposes of subparagraph (A), the phase-in amount shall be an amount equal to— “(i) for the calendar year which includes the date on which this chapter first becomes effective, $2,000,000, “(ii) for the first calendar year subsequent to the calendar year described in clause (i), $2,000,000, “(iii) for the second calendar year subsequent to the calendar year described in clause (i), $3,000,000, “(iv) for the third calendar year subsequent to the calendar year described in clause (i), $4,000,000, and “(v) for any calendar years subsequent to the calendar year described in clause (iv), $5,000,000. “(3) CREDIT NOT ALLOWED FOR CANNABIS RECEIVED IN BOND, IMPORTED, SMUGGLED, OR ILLEGALLY PRODUCED.
  • “(3) TAXPAYERS LIABLE FOR TAXES OF NOT MORE THAN $100,000.
  • — “(i) MORE THAN $10,000 AND NOT MORE THAN $100,000 IN TAXES.—Except as provided in clause (ii)
  • , in the case of any taxpayer who reasonably expects to be liable for not more than $100,000 in taxes imposed with respect to cannabis products under sections 5901 and 7652 for the calendar year and who was liable for not more than $100,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar quarter during which the action giving rise to the imposition of such tax occurs.
  • “(ii) NOT MORE THAN $10,000 IN TAXES.—In the case of any taxpayer who reasonably expects to be liable for not more than $10,000 in taxes imposed with respect to cannabis products under sections 5901 and 7652 for the calendar year and who was liable for not more than $10,000 in such taxes in the preceding calendar year
  • — “(i) EXCEEDS $100,000 LIMIT.—Subparagraph (A)(i) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections 5901 and 7652 from such taxpayer during such calendar year exceeds $100,000, and any tax under such sections which has not been paid on such date shall be due on the 14th day after the last day of the semimonthly period in which such date occurs.
  • “(ii) EXCEEDS $10,000 LIMIT.—Subparagraph (A)(ii) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections 5901 and 7652 from such taxpayer during such calendar year exceeds $10,000, and any tax under such sections which has not been paid on such date shall be due on the 14th day after the last day of the calendar quarter in which such date occurs.
  • “(4) PAYMENT BY ELECTRONIC FUND TRANSFER.—Any person who in any 12-month period, ending December 31, was liable for a gross amount equal to or exceeding $5,000,000 in taxes imposed on cannabis products by section 5901 (or section 7652) shall pay such taxes during the succeeding calendar year by electronic fund transfer (as defined in section 5061(e)(2)) to a Federal Reserve Bank.
  • Rules similar to the rules of section 5061(e)(3) shall apply to the $5,000,000 amount specified in the preceding sentence.
  • “(i) IN GENERAL.—In the case of a failure to comply with any requirement imposed under this section or any rule or regulation issued thereunder, the claimant shall be liable for a penalty of $1,000 for each failure to comply unless it is shown that the failure to comply was due to reasonable cause.
  • “(a) Omitting Things Required or Doing Things Forbidden.—Whoever willfully omits, neglects, or refuses to comply with any duty imposed upon them by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $10,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section 6651 or 6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment.
  • — “(1) Every person who sells, relands, or receives within the jurisdiction of the United States any cannabis products which have been labeled or shipped for exportation under this chapter, “(2) every person who sells or receives such relanded cannabis products, and “(3) every person who aids or abets in such selling, relanding, or receiving, shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $10,000 or 10 times the amount of the tax imposed by this chapter.
  • “(a) Fraudulent Offenses.—Whoever, with intent to defraud the United States— “(1) engages in business as a cannabis enterprise without filing the application and obtaining the authorization where required by this chapter or regulations thereunder, “(2) fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter or regulations thereunder, “(3) refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof, “(4) sells or otherwise transfers, contrary to this chapter or regulations thereunder, any cannabis products subject to tax under this chapter, or “(5) purchases, receives, or possesses, with intent to redistribute or resell, any cannabis product— “(A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder, or “(B) which, without payment of tax pursuant to section 5904, have been diverted from the applicable purpose or use specified in that section, shall, for each such offense, be fined not more than $10,000, or imprisoned not more than 5 years, or both. “(b) Liability To tax.—Any person who possesses cannabis products in violation of subsection (a) shall be liable for a tax equal to the tax on such articles.”

5901. Imposition of tax Read Opens in new tab

Summary AI

The section imposes a tax on cannabis products produced or imported into the United States, with a varying percentage based on the years since the law's implementation. It also provides a credit to domestic manufacturers, allowing them to reduce their tax by half up to a certain amount, but excludes credit for illegally produced, imported, or improperly bonded cannabis.

Money References

  • (B) PHASE-IN AMOUNT.—For purposes of subparagraph (A), the phase-in amount shall be an amount equal to— (i) for the calendar year which includes the date on which this chapter first becomes effective, $2,000,000, (ii) for the first calendar year subsequent to the calendar year described in clause (i), $2,000,000, (iii) for the second calendar year subsequent to the calendar year described in clause (i), $3,000,000, (iv) for the third calendar year subsequent to the calendar year described in clause (i), $4,000,000, and (v) for any calendar years subsequent to the calendar year described in clause (iv), $5,000,000.

5902. Definitions Read Opens in new tab

Summary AI

The section defines terms related to cannabis products and businesses, such as what qualifies as cannabis, how a producer is categorized, and the meaning of an importer and export warehouse proprietor within the context of cannabis. It also explains what activities are included in producing cannabis and describes what "removal" of cannabis products entails.

5903. Liability and method of payment Read Opens in new tab

Summary AI

The section outlines the tax responsibilities and payment methods for producers and importers of cannabis products. It details scenarios where tax liability shifts between parties, the timing for tax payments, special rules for small taxpayers and imported goods, the use of electronic fund transfers for large tax liabilities, and how taxes are calculated for sales at non-market prices or on installment plans.

Money References

  • (3) TAXPAYERS LIABLE FOR TAXES OF NOT MORE THAN $100,000.
  • — (i) MORE THAN $10,000 AND NOT MORE THAN $100,000 IN TAXES.—Except as provided in clause (ii), in the case of any taxpayer who reasonably expects to be liable for not more than $100,000 in taxes imposed with respect to cannabis products under sections 5901 and 7652 for the calendar year and who was liable for not more than $100,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar quarter during which the action giving rise to the imposition of such tax occurs.
  • (ii) NOT MORE THAN $10,000 IN TAXES.—In the case of any taxpayer who reasonably expects to be liable for not more than $10,000 in taxes imposed with respect to cannabis products under sections 5901 and 7652 for the calendar year and who was liable for not more than $10,000 in such taxes in the preceding calendar year
  • — (i) EXCEEDS $100,000 LIMIT.—Subparagraph (A)(i) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections 5901 and 7652 from such taxpayer during such calendar year exceeds $100,000, and any tax under such sections which has not been paid on such date shall be due on the 14th day after the last day of the semimonthly period in which such date occurs.
  • (ii) EXCEEDS $10,000 LIMIT.—Subparagraph (A)(ii) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections 5901 and 7652 from such taxpayer during such calendar year exceeds $10,000, and any tax under such sections which has not been paid on such date shall be due on the 14th day after the last day of the calendar quarter in which such date occurs.
  • person who in any 12-month period, ending December 31, was liable for a gross amount equal to or exceeding $5,000,000 in taxes imposed on cannabis products by section 5901 (or section 7652) shall pay such taxes during the succeeding calendar year by electronic fund transfer (as defined in section 5061(e)(2)) to a Federal Reserve Bank.
  • Rules similar to the rules of section 5061(e)(3) shall apply to the $5,000,000 amount specified in the preceding sentence.

5904. Exemption from tax; transfers in bond Read Opens in new tab

Summary AI

Cannabis products can be moved around or out of the country without paying taxes if they are used for scientific research, development, non-consumption purposes by government bodies, or under special conditions like being moved between producers. These rules are strictly controlled by the Secretary's regulations, and cannabis must be properly labeled.

5905. Credit, refund, or drawback of tax Read Opens in new tab

Summary AI

This section outlines the rules for cannabis enterprises to receive a credit, refund, or drawback on taxes paid for cannabis products that are withdrawn from the market, lost, or destroyed due to unforeseen events like fire or natural disasters. It details the circumstances under which taxes are not collected or are refundable, including exceptions for theft, voluntary destruction, or unexplained shortages, and specifies time limits for filing claims.

5906. Drawback on tax for certain uses Read Opens in new tab

Summary AI

Any person who uses cannabis to legally make drugs or extracts with a THC concentration within limits can get a tax refund for the cannabis used. They must register, keep records, and follow rules established by the Secretary. The tax refund rate is 90% and claims must be filed within six months. Even if some requirements aren't met, refunds may still be granted if proper use of the cannabis is proven, but a penalty may apply for not meeting requirements.

Money References

  • (i) IN GENERAL.—In the case of a failure to comply with any requirement imposed under this section or any rule or regulation issued thereunder, the claimant shall be liable for a penalty of $1,000 for each failure to comply unless it is shown that the failure to comply was due to reasonable cause.

5911. Establishment and bond Read Opens in new tab

Summary AI

Under this section, cannabis products can only be produced at facilities authorized by the Secretary and bonded for compliance with regulations. Before starting operations, producers must apply for permission, provide a bond, and receive authorization. Individuals using cannabis for personal reasons, however, are not subject to these rules.

5912. Application Read Opens in new tab

Summary AI

The application described in this section must include information required by the Secretary's regulations to determine the premises' location and operations, ensuring they follow laws and rules, as needed by the Federal Alcohol Administration Act.

5913. Cannabis production facility Read Opens in new tab

Summary AI

A cannabis production facility must be located, built, and equipped in a way that ensures proper protection of government revenue, as directed by rules the Secretary establishes.

5921. Inventories, reports, and records Read Opens in new tab

Summary AI

Cannabis businesses are required to create accurate inventories when they start or stop operations, and at other times as specified by the Secretary. They must also prepare reports and maintain records according to regulations, all of which can be checked by internal revenue officers.

5922. Packaging and labeling Read Opens in new tab

Summary AI

The section outlines rules for packaging and labeling cannabis products, specifying that they must be packaged and labeled as per the regulations set by the Secretary. It prohibits any lottery-related items and indecent material from being included in or on the packages, with certain exceptions for products used for experiments or transferred to specific locations.

5923. Purchase, receipt, possession, or sale of cannabis products after removal Read Opens in new tab

Summary AI

This section outlines rules for buying, receiving, possessing, selling, or disposing of cannabis products after they've been taken from their original place. It prohibits these actions if the taxes haven't been paid, if the products are not in proper packages, or if they have been taken for uses other than specified. If someone breaks these rules, they must pay the owed taxes on these products. However, selling directly to consumers from proper packages is allowed.

5924. Restrictions relating to marks, labels, notices, and packages Read Opens in new tab

Summary AI

Anyone who tries to trick the United States by changing, removing, or destroying any required mark, label, or notice on a package of cannabis products before it is empty is breaking the law. This rule ensures that the correct information stays on the package until all the product is gone.

5925. Restriction on importation of previously exported cannabis products Read Opens in new tab

Summary AI

Cannabis products made in the U.S. and labeled for export can only be brought back to the U.S. after export if they meet specific tax and customs rules, and they can't be sold for domestic use unless they're repackaged without export labels by the original producer. The rules also apply if someone else changes the packaging, and shipping to Puerto Rico is considered exportation.

5931. Civil penalties Read Opens in new tab

Summary AI

In the given section, anyone who fails to comply with the duties required by the chapter, such as not paying taxes on time or selling cannabis products illegally for export, can face serious penalties. These penalties might include fines of up to $10,000 or more, and in case of illegal cannabis sales, even the forfeiture and destruction of products and the means used for transport.

Money References

  • (a) Omitting Things Required or Doing Things Forbidden.—Whoever willfully omits, neglects, or refuses to comply with any duty imposed upon them by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $10,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section 6651 or 6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment.
  • — (1) Every person who sells, relands, or receives within the jurisdiction of the United States any cannabis products which have been labeled or shipped for exportation under this chapter, (2) every person who sells or receives such relanded cannabis products, and (3) every person who aids or abets in such selling, relanding, or receiving, shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $10,000 or 10 times the amount of the tax imposed by this chapter.

5932. Criminal penalties Read Opens in new tab

Summary AI

Anyone who tries to cheat the U.S. government by running a cannabis business without permission, not keeping required records, avoiding taxes, selling cannabis against the rules, or dealing with untaxed cannabis products can be fined up to $10,000 or sent to prison for up to 5 years. Additionally, people who have cannabis in violation of these rules must pay the tax on those products.

Money References

  • (a) Fraudulent Offenses.—Whoever, with intent to defraud the United States— (1) engages in business as a cannabis enterprise without filing the application and obtaining the authorization where required by this chapter or regulations thereunder, (2) fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter or regulations thereunder, (3) refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof, (4) sells or otherwise transfers, contrary to this chapter or regulations thereunder, any cannabis products subject to tax under this chapter, or (5) purchases, receives, or possesses, with intent to redistribute or resell, any cannabis product— (A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder, or (B) which, without payment of tax pursuant to section 5904, have been diverted from the applicable purpose or use specified in that section, shall, for each such offense, be fined not more than $10,000, or imprisoned not more than 5 years, or both.

9512. Opportunity Trust Fund Read Opens in new tab

Summary AI

The Opportunity Trust Fund is a special fund established in the U.S. Treasury, which consists of money allocated to it by specific laws. It receives money from certain taxes, and some of this money is periodically transferred to the general Treasury to support initiatives under the Cannabis Administration and Opportunity Act.

501. FDA regulation of cannabis Read Opens in new tab

Summary AI

The proposed legislation aims to regulate cannabis products through the Federal Food, Drug, and Cosmetic Act, establishing guidelines for the creation of a Center for Cannabis Products within the FDA. It defines rules for ensuring cannabis products are not adulterated or misbranded, requires registration for producers, sets standards for manufacturing and sale, prohibits certain flavored electronic cannabis devices, and allows states and tribes to impose stricter laws if they choose.

1101. Center for Cannabis Products Read Opens in new tab

Summary AI

The Cannabis Administration and Opportunity Act requires the Secretary to create a new Center for Cannabis Products within the Food and Drug Administration within 90 days. This new Center will handle responsibilities related to cannabis and will report directly to the Commissioner of Food and Drugs, just like other centers in the FDA.

1102. Adulterated cannabis products Read Opens in new tab

Summary AI

A cannabis product is considered adulterated if it contains harmful substances, is produced in unsanitary conditions, or uses unsafe color additives. However, food products that meet requirements for both food and cannabis aren't considered adulterated just because they contain cannabis, nor are they treated as foods with added drugs solely because they have cannabis ingredients.

1103. Misbranded cannabis products Read Opens in new tab

Summary AI

A cannabis product is considered misbranded if its labeling is false or misleading; does not clearly state it contains cannabis and other required details like the manufacturer and THC content; makes unsubstantiated health claims; fails to display necessary warnings or instructions conspicuously; does not comply with cannabis product standards or legal requirements; is produced in an unregistered facility; or is intended for use by anyone under 21 years old.

1104. Annual registration Read Opens in new tab

Summary AI

Every year, people who own or run places where cannabis products are made in the U.S. must register with the Secretary, including naming the products they make, and foreign establishments that import cannabis must do the same. They need to keep this information up-to-date with any changes and the Secretary will make this information public and available to specific government departments.

1105. General provisions for control of cannabis products Read Opens in new tab

Summary AI

The section outlines the rules for controlling the sale and promotion of cannabis products, focusing on preventing sales to anyone under 21 years old. It requires regulations for online sales, advertising, and good manufacturing practices, and emphasizes consultation with Indian Tribes in creating these regulations.

1106. Cannabis product standards Read Opens in new tab

Summary AI

The section outlines that the Secretary will create rules for cannabis product standards to protect public health. These rules will cover things like product ingredients, testing requirements, labeling, and ensuring foreign cannabis meets the same standards as domestic cannabis. The standards will be reviewed and updated periodically based on new scientific data.

1107. Recall authority Read Opens in new tab

Summary AI

If the Secretary determines that a cannabis product might seriously harm health or cause death, they can stop its distribution and consider recalling it. The recall wouldn't involve individuals returning the product, but there would be notifications to warn people of the risks, with help from sellers and distributors.

1108. Records and reports on cannabis products Read Opens in new tab

Summary AI

Every cannabis product manufacturer or importer must keep records, make reports, and provide information as required by the Secretary to ensure the products are safe and adequately labeled. If they need to remove or fix a product due to health risks or legal violations, they must report it, unless it's already covered in other reports.

1109. Prohibition on flavored electronic cannabis product delivery system Read Opens in new tab

Summary AI

Any electronic device used to deliver cannabis through vapor must not have any flavors added, such as mint, mango, or vanilla, except for the natural flavor of cannabis itself. The term "electronic cannabis product delivery system" includes any related parts or liquids, whether sold together or separately.

1110. Preservation of State, Tribal, and local authority Read Opens in new tab

Summary AI

The section ensures that federal laws about cannabis don't override or limit the power of state, tribal, and local governments to make their own strict laws about cannabis, including areas like its manufacture, sale, and use. It also clarifies that the chapter does not affect existing state or tribal laws about product liability or taxes on cannabis products.

502. Amendments to the Federal Food, Drug, and Cosmetic Act Read Opens in new tab

Summary AI

The section introduces amendments to the Federal Food, Drug, and Cosmetic Act to define and regulate cannabis and cannabis products. It details the definition of cannabis, sets the legal age for sale, specifies prohibited acts involving cannabis products, and extends existing regulatory measures to include cannabis in areas like seizure, inspection, and import/export procedures.

503. Expedited review Read Opens in new tab

Summary AI

The expedited review section of the bill establishes a program designed to speed up the development and review of drugs containing cannabis, especially those produced by small businesses run by disadvantaged groups or Native entities in the cannabis industry. It outlines steps for applying for expedited review, sets criteria, and mandates guidance on implementing the process, while defining relevant terms such as "drug containing cannabis" and "Native entity."

524C. Expedited review of certain drugs containing cannabis Read Opens in new tab

Summary AI

The section establishes a program to speed up the review of drug applications containing cannabis, particularly for small businesses owned by socially and economically disadvantaged individuals or Native entities in the cannabis industry. It outlines the process to request expedited review, potential actions to facilitate the review, and plans for future guidance on this program.

524D. Security requirements for drugs containing cannabis Read Opens in new tab

Summary AI

The section outlines requirements for any application concerning drugs containing cannabis. It mandates that applicants implement effective measures to prevent theft and misuse, with the possibility of including a risk evaluation strategy if deemed necessary by the Secretary, who will also set the standards for these measures.

504. Regulation of cannabidiol Read Opens in new tab

Summary AI

The section outlines how cannabidiol (CBD) can be regulated as a dietary supplement and a food additive. It states that CBD from hemp can be included in supplements if it meets certain criteria set by the Secretary of Health and Human Services, including rules about cannabidiol amounts, packaging, and labeling. Additionally, the section details measures related to prohibiting interstate commerce of non-compliant CBD products, guidance on CBD as a food additive, and seeking input from experts through an advisory committee.

505. Transition periods Read Opens in new tab

Summary AI

The section provides a transition period during which certain cannabis products and drugs containing cannabis, previously marketed under state law, can continue being sold without violating federal law, under specific conditions. To keep marketing these drugs, manufacturers must submit a new drug application within 18 months of the Act taking effect, but if the application is not approved, the drug cannot continue to be marketed; after three years, federal enforcement actions may be taken if the drug is found in violation.

506. Amendment to the Poison Prevention Packaging Act Read Opens in new tab

Summary AI

The section modifies the Poison Prevention Packaging Act to include cannabis products in the list of items that require special packaging for safety, alongside cosmetics.

507. Funding for FDA Read Opens in new tab

Summary AI

The bill allocates $425 million each year from 2025 to 2029 for the FDA to carry out activities specified in this part of the legislation, using funds from the U.S. Treasury that aren't already designated for other purposes.

Money References

  • In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $425,000,000 for each of fiscal years 2025 through 2029 to carry out this title and the amendments made by this title.

511. Federal cannabis administration Read Opens in new tab

Summary AI

The section outlines the regulations for the legal business of importing, manufacturing, and selling cannabis in the United States, requiring a permit from the Secretary, which includes conditions relating to compliance with federal and state laws, payment of taxes, and labor laws. It also describes processes for issuing permits, penalties for violations, and defines terms like "cannabis" and "Secretary."

Money References

  • — “(1) GENERALLY.—Whoever violates section 301 shall be fined not more than $1,000.
  • Secretary may decide not to refer a violation of such section to the Attorney General for prosecution but instead to collect a payment from the violator of no more than $500 for that violation.
  • (b) Appropriations.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for fiscal year 2025— (1) $15,000,000 to the Secretary of Labor for carrying out the activities of the Secretary of Labor under section 302 of the Federal Alcohol Administration Act, to remain available until September 30, 2029; and (2) $10,000,000 to the National Labor Relations Board for carrying out the activities of the National Labor Relations Board under such section, to remain available until September 30, 2029. ---

301. Unlawful businesses without cannabis permit Read Opens in new tab

Summary AI

Under SEC. 301, the bill states that it is illegal to import, cultivate, manufacture, package, warehouse, or purchase cannabis for resale without a permit from the Secretary. However, if someone applies for a permit within 90 days of receiving guidance from the Secretary, they can operate temporarily while their application is being reviewed, as long as they follow relevant regulations and pay any required taxes.

302. Procedure for issuance of cannabis permits Read Opens in new tab

Summary AI

The section describes the process for issuing permits for cannabis operations, outlining criteria for disqualification such as prior offenses, state law violations, or noncompliance with federal law. It details conditions for permit issuance, including fee requirements, compliance with labor laws, and potential penalties like suspension or revocation for violations, while also allowing applicants to seek judicial review or waiver of certain disqualifications under specific circumstances.

303. Delivery of hemp inadvertently exceeding permissible concentration of delta-9 tetrahyrdrocannabinol Read Opens in new tab

Summary AI

The section outlines that the Secretary, together with other officials, will create rules for legally delivering hemp that has too much THC by accident to permitted cannabis businesses. This applies to certain hemp produced before a set date by universities or agriculture departments and by other authorized producers.

304. Unfair competition and unlawful practices Read Opens in new tab

Summary AI

The section outlines various unlawful practices related to the cannabis industry, including unfair competition tactics such as exclusive deals, commercial bribery, misleading labeling, and false advertising. It also covers exceptions for certain practices, compliance with federal laws, and alignment with state laws.

305. Remedies for violations Read Opens in new tab

Summary AI

In this section, if someone violates section 301, they can be fined up to $1,000. However, the Secretary has the option to not refer the case for prosecution and instead settle for a payment of up to $500. Additionally, the Attorney General has the authority to take civil action to stop any violations of the title.

Money References

  • — (1) GENERALLY.—Whoever violates section 301 shall be fined not more than $1,000.
  • (2) SETTLEMENT IN COMPROMISE.—The Secretary may decide not to refer a violation of such section to the Attorney General for prosecution but instead to collect a payment from the violator of no more than $500 for that violation.

306. Definitions Read Opens in new tab

Summary AI

The section provides definitions for terms used in the bill: "cannabis" is defined according to the Cannabis Administration and Opportunity Act; "Secretary" refers to the Secretary of the Treasury or their delegate; and "State" includes the District of Columbia, Puerto Rico, and U.S. territories.

512. Increased funding for the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau Read Opens in new tab

Summary AI

The bill allocates $100 million each year from 2025 to 2029 for the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau to carry out specific sections of this Act, sections of the Internal Revenue Code, the Federal Alcohol Administration Act, and the Homeland Security Act of 2002.

Money References

  • In addition to any other amounts otherwise available to the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $100,000,000 for each of the fiscal years 2025 through 2029 to carry out— (1) sections 102 and 112 of this Act, (2) chapter 56 of the Internal Revenue Code of 1986 (as added by section 401 of this Act), (3) title III of the Federal Alcohol Administration Act (as added by section 511 of this Act), and (4) section 1111 of the Homeland Security Act of 2002 (6 U.S.C. 531). ---

601. Definitions Read Opens in new tab

Summary AI

This section of the bill defines key terms related to the cannabis industry, including "cannabis industry," "employee," "employer," "employer in the cannabis industry," "person," "Secretary," and "worker in the cannabis industry." It specifies the meanings of these terms by referencing other legal acts and sections for clarity.

602. Finding regarding employers in the cannabis industry Read Opens in new tab

Summary AI

Congress acknowledges that employers in the cannabis industry must follow the safety and health regulations outlined in the Occupational Safety and Health Act of 1970 and any additional related regulations.

603. Cannabis as a targeted topic for Susan Harwood training grant program Read Opens in new tab

Summary AI

The section mandates that for the two years after the law is passed, the Secretary must categorize cannabis as a key subject for Susan Harwood training grants, which are provided under the Occupational Safety and Health Act of 1970.

604. Guidance on recommended practices Read Opens in new tab

Summary AI

The section requires that, within 60 days, the Assistant Secretary of Labor for Occupational Safety and Health and the Director of the National Institute for Occupational Safety and Health jointly issue guidance to protect workers in the cannabis industry. This guidance must cover potential hazards, protective methods, and relevant safety standards and training requirements for the industry.

605. Workplace impact of cannabis legalization Read Opens in new tab

Summary AI

The section mandates a study by the National Institute for Occupational Safety and Health on the effects of state-level cannabis legalization on workplace safety, such as potential risks and safety measures in the cannabis industry. It also allocates $2 million annually from 2025 to 2027 for this research and requires the development of best practices for employers adjusting workplace policies related to recreational cannabis.

Money References

  • (3) APPROPRIATIONS.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $2,000,000 for each of fiscal years 2025 through 2027 to carry out paragraph (1). (b) Best practices.—Not

606. Grants for community-based education, outreach, and enforcement with respect to the rights of workers in the cannabis industry Read Opens in new tab

Summary AI

The section authorizes grants for nonprofit organizations to educate and support workers in the cannabis industry about their rights under various laws. The grants, lasting up to three years and not exceeding $300,000 each, aim to help low-wage workers and ensure compliance from employers, with $15 million allocated annually for 2025 to 2029.

Money References

  • (e) Amount of grants.—Each grant awarded under this section shall be in an amount not to exceed $300,000.
  • (f) Reporting requirements.—Each eligible entity receiving a grant under this section shall, as determined by the Secretary, report to the Secretary the demographics of the workers served by the grant and the results of the activities supported by the grant as such demographics and results are measured by the methods described in the application submitted by the entity under subsection (c)(3)(C). (g) Appropriations.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2025 through 2029 to carry out this section. ---

701. Purposes; sense of Congress Read Opens in new tab

Summary AI

The section outlines two main goals: to reinvest in areas and communities hit hardest by the war on drugs, and to motivate financial institutions to offer services to small or minority-owned businesses in those areas. It also expresses Congress's opinion that federal agencies should use their existing authority to encourage these financial institutions to meet local credit needs responsibly.

702. Requirements for filing suspicious activity reports Read Opens in new tab

Summary AI

This section of the bill outlines specific requirements for banks and financial institutions when they handle transactions related to legal cannabis businesses. It mandates updates to guidance to ensure these businesses can access financial services without significant restrictions, while still maintaining measures to prevent illegal activities associated with cannabis money transactions.

703. Guidance and examination procedures Read Opens in new tab

Summary AI

The section mandates that within 180 days of the law's enactment, the Federal Financial Institutions Examination Council, collaborating with the Financial Crimes Enforcement Network, must create clear guidelines and inspection procedures for banks working with legal cannabis businesses. This must align with the updated guidance from the Financial Crimes Enforcement Network as specified in related legislation.

704. Investment in communities Read Opens in new tab

Summary AI

The section outlines financial support and funding for low or moderate-income communities from 2025 to 2029. It provides $200 million annually for Community Development Financial Institutions and Minority Depository Institutions to aid those affected by the war on drugs and allocates $300 million annually for grants addressing housing and community development for impacted individuals and areas.

Money References

  • , there is appropriated out of any money in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to the Community Development Financial Institutions Fund established under section 104 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703) to provide grants to expand lending and investment in low- or moderate-income areas, including those most affected by the war on drugs.
  • (b) MDI support.—In addition to funds otherwise available, there is appropriated out of any money in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2025 through 2029 to the Emergency Capital Investment Fund established under section 104A(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703a(b)) to support the efforts of low- and moderate-income community financial institutions to, among other things, provide loans, grants, and forbearance for small businesses, minority-owned businesses, and consumers, especially in low-income and underserved communities, including those most affected by the war on drugs.
  • (2) GRANTS.—In addition to funds otherwise available, there is appropriated out of any money in the Treasury not otherwise appropriated, $300,000,000 for each of fiscal years 2025 through 2029 to the Secretary of Housing and Urban Development for grants to eligible grantees for eligible activities to address the housing and community development needs of— (A) individuals adversely impacted by the War on Drugs; and (B) housing and community development needs of census tracts where a disproportionate share of residents are individuals described in subparagraph (A), as determined by the Secretary.

705. Fair access to financial services Read Opens in new tab

Summary AI

All people should have equal access to financial services and cannot be discriminated against based on race, color, religion, national origin, or sex, including sexual orientation and gender identity. If someone believes they have been discriminated against, they can take legal action, and the courts have the authority to handle these cases, with various remedies available to ensure fair treatment.

706. Consumer protections for individuals with nonviolent criminal record Read Opens in new tab

Summary AI

Institutions cannot refuse to provide financial services to someone just because they have a past conviction for a nonviolent cannabis-related crime.

801. Comptroller General review of laws and regulations Read Opens in new tab

Summary AI

The Comptroller General is tasked with reviewing federal laws, regulations, and policies to see if they need any changes in line with a new Act's goals. This includes replacing the terms "marijuana" or "marihuana" with "cannabis" in official documents, and a report with recommendations should be submitted to Congress within two years.

802. Cannabis Products Advisory Committee Read Opens in new tab

Summary AI

The Cannabis Products Advisory Committee is established to advise federal agencies on administering cannabis-related laws. This 22-member committee, appointed by the Secretary of Health and Human Services, includes representatives from various sectors like public health, industry, and government. Members serve five-year terms, and the committee meets at least quarterly to consider policy recommendations, assess cannabis health impacts, and publish an annual report on their activities.

803. Definition of hemp under USDA domestic hemp production program Read Opens in new tab

Summary AI

The section updates the definition of hemp in the Agricultural Marketing Act by allowing hemp products with a total THC concentration, including various forms of tetrahydrocannabinol, up to a specified limit. It also gives authorities the power to change these limits based on new findings about how these substances affect the body and allows exclusions for certain isomers of THC.

804. Grants for hiring and training relating to cannabis enforcement Read Opens in new tab

Summary AI

The section outlines amendments to the 1968 Omnibus Crime Control and Safe Streets Act, introducing grants for small law enforcement agencies to hire personnel for combating illegal cannabis activities and developing education programs for law enforcement on cannabis law enforcement. Additionally, $15 million is allocated annually from 2025 to 2029 to support these initiatives.

Money References

  • (b) Appropriations.—In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2025 through 2029 to carry out this section.

805. Severability Read Opens in new tab

Summary AI

If any part of this law or its amendments is found to be unconstitutional, the rest of the law and its amendments will still remain valid and enforceable.