[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2598 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2598
To establish a Commission on the Federal Regulation of Cannabis to
study a prompt and plausible pathway to the Federal regulation of
cannabis, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Joyce of Ohio (for himself and Mr. Jeffries) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on the Judiciary, Ways and
Means, Agriculture, and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish a Commission on the Federal Regulation of Cannabis to
study a prompt and plausible pathway to the Federal regulation of
cannabis, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing Regulators Effectively for
a Post-prohibition Adult-use Regulated Environment Act of 2023'' or the
``PREPARE Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cannabis was federally legal in the United States until
1937.
(2) Cannabis was federally prohibited to codify
discriminatory practices against minority communities.
(3) Medical cannabis prohibition was established despite
objection from the American Medical Association.
(4) 38 States and the District of Columbia have legalized
cannabis for medical purposes.
(5) 21 States and the District of Columbia have legalized
cannabis for adult use.
(6) Despite the Federal Government collecting revenue from
the sale of cannabis, individuals are still criminally
persecuted for its use.
(7) Cannabis research, including research on medical uses,
product safety, and impairment standards, is severely hindered
and made nearly impossible by its schedule 1 classification.
(8) Cannabis should remain an adult product aside from the
physician prescribed treatment of minors.
(9) Cannabis has proven medically beneficial for patients
suffering from pain, cancer, post-traumatic stress disorder,
seizure disorders, and multiple sclerosis, among other
diseases.
(10) Since 2003, the United States Government by way of the
Department of Health and Human Services has held a patent for
medical cannabis as an antioxidant and neuroprotectant.
(11) While the United States remains trapped in antiquated
cannabis regulations, other nations and scientific competitors,
including the United Kingdom, Canada, South Korea, Germany, and
Israel have modified their laws to allow for varying degrees of
cannabis legality and medical research.
SEC. 3. PURPOSE.
The President and Congress shall prepare the Federal Government for
an inevitable and prompt end to Federal marihuana prohibition by
establishing a commission to advise on the development of a regulatory
framework with respect to marihuana regulation, including accounting
for the different characteristics of communities, agencies, and
industries impacted by Federal marihuana prohibition. Such regulatory
framework shall be modeled after Federal and State regulatory
frameworks with respect to alcohol.
SEC. 4. COMMISSION ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall establish a
commission to be known as the ``Commission on the Federal Regulation of
Cannabis'' (in this Act referred to as the ``Commission'') to study a
plausible and prompt pathway to cannabis regulation.
(b) Duties of Commission.--
(1) Proposal of measures.--The Commission shall propose
measures to alleviate and remedy the:
(A) Impact of cannabis criminalization,
particularly on minority, low income, and veteran
communities.
(B) Lack of access to the financial service sector
for cannabis entrepreneurs and their affiliated
industries.
(C) Lack of access to cannabis related research,
including research on medical uses and the effects of
impairment.
(D) Lack of access to medical cannabis and
research, particularly with respect to Federal
agencies.
(E) Lack of medical cannabis training at publicly
funded medical training centers.
(F) Lack of consistent regulations for cannabis
product and safety, use, and labeling requirements,
including requirements to protect youth and reduce
harms to youth.
(G) Lack of efficient cannabis revenue reporting
and collecting, including efficient and tenable Federal
revenue frameworks.
(H) Lack of guidance for cannabis crop production,
sale, intrastate, interstate, and international trade.
(I) Lack of guidance regarding the successful
coexistence of individual hemp and cannabis industries,
including prevention of cross pollination of cannabis
and hemp products.
(J) Any other barriers to Federal cannabis
legalization identified by the commission.
(2) Public comment; public witness; reports.--
(A) Comment period.--Not later than 60 days after
the date of the enactment of this Act, the Commission
shall solicit comment with respect to the regulation of
cannabis from industry stakeholders, criminal justice
reform advocates, substance use advocates, healthcare
experts, State cannabis regulators, and the Department
of Justice of each State or Tribal government.
(B) Public witness hearing.--
(i) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Commission shall convene a public witness
hearing and solicit written or verbal testimony
from:
(I) Not less than two unique
individuals or entities, who are not
employed by the Federal Government, and
represent a State legal operation that
is licensed by a single State to sell,
produce, manufacture, process,
cultivate, or transport cannabis.
(II) Not less than two unique
individuals or entities, who are not
employed by the Federal Government, and
represent a State legal operation with
a multi-State presence that is licensed
by such States to sell, produce,
manufacture, process, cultivate, or
transport cannabis.
(III) An individual who was
convicted and incarcerated by the
Federal Government for a non-violent
offense with respect to cannabis.
(IV) An individual who was
convicted and incarcerated by a State
for a non-violent offense with respect
to cannabis.
(ii) Public availability.--Written and
verbal testimony under clause (i) shall be made
publicly available in the final recommendations
published under paragraph (5).
(3) Initial report and recommendations.--Not later than 120
days after the date of the enactment of this Act, the
Commission shall publish initial findings and recommendations
pursuant to section 4(b), including an identification of
barriers to and suggestions for regulating cannabis in a way
that is similar to the regulation of alcohol with respect to
the rights of State, Tribal, and the Federal Government, on the
internet website of the Department of Justice.
(4) Additional public comment period.--Beginning 120 days
after the date of the enactment of this Act, the Commission
shall solicit additional public comment from stakeholders
identified pursuant to paragraph (2)(A) with respect to the
initial recommendations published pursuant to paragraph (3).
(5) Final recommendations.--Not later than one year after
the date of the enactment of this Act, the Commission shall
publish a report including findings and recommendations
pursuant to section 4(b), including an identification of
barriers to and suggestions for regulating cannabis in a way
that is similar to the regulation of alcohol, on the internet
website of the Department of Justice.
(c) Membership.--The Commission shall be composed of the following
members:
(1) The majority leader of the Senate shall appoint one
member who is not employed by the Federal Government and was
formerly incarcerated for a non-violent crime with respect to
cannabis use or possession.
(2) The minority leader of the Senate shall appoint one
member who is not employed by the Federal Government and is an
expert in substance abuse prevention.
(3) The minority leader of the House of Representatives
shall appoint one member who is not employed by the Federal
Government and is an expert in the history of cannabis
criminalization and the impact of criminalization on various
communities, particularly minorities, medical patients, and
veterans.
(4) The majority leader of the House of Representatives
shall appoint one member who is not employed by the Federal
Government and who is medically licensed with substantial
knowledge and demonstrated research into cannabis use and
medical treatments.
(5) The Attorney General shall appoint one member from the
Department of Justice, who is an expert in the history of
cannabis criminalization and the impact of criminalization on
various communities, particularly minorities, medical patients,
and veterans.
(6) The Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives.
(7) The Director of the National Highway Traffic Safety
Administration.
(8) The Secretary of Education shall appoint one member
from the Department of Education who is an expert in prevention
of youth access to alcohol and tobacco.
(9) The Director of Occupational Safety and Health
Administration.
(10) The Secretary of Agriculture shall appoint one member
from the Department of Agriculture who is an expert on cannabis
and hemp cultivation.
(11) The Commissioner of the Food and Drug Administration.
(12) The Director of the Alcohol and Tobacco Tax and Trade
Bureau.
(13) The Commissioner of the Internal Revenue Service.
(14) The United States Trade Representative.
(15) The Secretary of Commerce shall appoint one member
from the Department of Commerce who is an expert on regulated
goods in interstate commerce.
(16) The Secretary of Health and Human Services shall
appoint one member employed by the Department of Health and
Human Services who is an expert on medical cannabis use and
access.
(17) The Director of the National Institutes of Health.
(18) The Secretary of the Veterans Affairs shall appoint
one member from the Department of Veterans Affairs with
knowledge of treatments for pain management and post-traumatic
stress disorder and for providing patients with affordable
treatment options.
(19) The Deputy Secretary of the Interior.
(20) The Administrator of the Small Business Administration
shall appoint one member employed by the Small Business
Administration who is an expert in creating industry access for
historically marginalized communities.
(21) The Director of the National Institute of Standards
and Technology.
(22) One representative from a trade organization or other
non-profit entity with members from multiple, highly regulated
adult goods and consumer package goods, appointed by the
Attorney General.
(23) Two representatives who have worked to develop two
successful, separate, and unique State-level regulatory
systems, appointed by the Attorney General.
(d) Leadership.--
(1) Chairperson.--The Chairperson shall be elected by the
members of the Commission at the first meeting of the
Commission.
(2) Secretary.--The Secretary shall be elected by the
members of the Commission at the first meeting of the
Commission.
(3) Vacancies.--A vacancy in the Chairperson or Secretary
position shall be filled in the manner in which the original
appointment was made by the remaining members of the
Commission.
(e) Membership by Political Party.--If after the Commission is
appointed there is a partisan imbalance of Commission members, the
congressional leaders of the political party with fewer members on the
Commission shall jointly name additional members to create partisan
parity on the Commission.
(f) Appointments; Removals; Vacancies.--
(1) Timing of appointments.--Each initial appointment to
the Commission shall be made no later than 30 days after the
Commission is established. If any appointing authorities fail
to appoint a member to the Commission, their appointment shall
be made by the Attorney General.
(2) Removal.--A member of the Commission may be removed
from the Commission at any time by the appointing authority
should the member fail to meet Commission attendance
requirement pursuant to subsection (g).
(3) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made prior
to the date of the Commission's next meeting.
(g) Meeting Requirements.--
(1) First meeting.--The Commission shall have its first
meeting no later than 90 days after the date of the enactment
of this Act.
(2) Quarterly meetings.--The Commission shall meet
quarterly. In addition to all quarterly meetings, the
Commission shall meet at other times at the call of the
Chairperson or as determined by a majority of Commission
members.
(3) Quorum; rule for voting on final actions.--A majority
of the members of the Commission constitute a quorum, and an
affirmative vote of a majority of the members present is
required to issue recommendations.
(4) Attendance by members.--Members are expected to attend
all Commission meetings. In the case of an absence, members are
expected to report to the Chairperson prior to the meeting and
allowance may be made for an absent member to participate
remotely. Members will still be responsible for fulfilling
prior commitments, regardless of attendance status. If a member
is absent twice in a given year, he or she will be reviewed by
the Chairperson and appointing authority and further action
will be considered, including removal and replacement on the
Commission.
(h) Minutes.--Minutes shall be taken at each meeting by the
Secretary, or in that individual's absence, the Chairperson shall
select another Commission member to take minutes during that absence.
(i) Administrative Requirements.--The Attorney General shall
provide staff and administrative support to the Commission. All
entities of the United States Government shall provide information that
is otherwise a public record at the request of the Commission.
(j) No Rulemaking Authority.--The Commission shall not have
rulemaking authority.
(k) Prohibition of Compensation.--
(1) Federal employees.--Members of the Commission who are
full-time officers or employees of the United States may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(2) Other members.--Members of the Commission who are not
full-time officers or employees of the United States may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(l) Definitions.--In this Act:
(1) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(2) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(3) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this paragraph
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
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