Marijuana is federally a schedule 1 drug, putting it in the same legal bracket as such other drugs as heroin, MDMA, and meth.
- Its status prohibits the import and export of the substance, and restricts any research into the properties of the substance.
- Current Controlled Substances Act (CSA) prohibits wider medical applications of cannabis due to its drug listing.
- Pre-existing regulations of similar substances (alcohol and tobacco) establish a pathway towards a federal regulatory framework.
This proposal would remove cannabis from the CSA within 60 days of enactment. Cannabis would then be redefined under the Federal Food Drug and Cosmetic Act (FFDCA) with these limits imposed:
- The appropriate measures of cannabis potency.
- The nature of interaction between cannabis and hemp.
- The nature of the interaction between cannabis, cannabis products, and FFDCA drugs containing cannabis.
- The classification for synthetically-derived THC.
- The relationship between descheduling and redefining cannabis outside CSA
State law would control possession, production, and distribution of cannabis:
- Shipment of cannabis into a state in violation of state law is prohibited.
- The provision retains criminals penalties in the case of illegal cannabis diversion:
- The unlawful possession, production, distribution, or purchase of 10 lbs or more of cannabis in violation of federal or state law
- The unauthorized possession of 10lbs or more of cannabis in any state or local jurisdiction for which tax has not been paid in accordance with local law.
The provision clarifies that a state may not prohibit the interstate commerce of cannabis transported through its borders for lawful delivery into another state.
Concerning states rights and anti-diversion provisions, regulations and limits are to be placed on:
- Quantitative thresholds regarding contraband cannabis.
- Penalties for violations of anti-diversion provisions.
- Coordination between federal and state law and tax relating to diverted cannabis.
- Interaction between state’s primacy for regulation, need for interstate consistency for product standards and regulation.
- Responsibilities reserved explicitly for states and the federal government.
- Rules relating to interstate commerce involving cannabis, including state-level taxation and interactions with state-level distributions.