Representatives Dave Joyce (OH-14), Max Miller (OH-07), and Dina Titus (NV-01) reintroduced the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act, which would ease federal regulations on cannabis. This legislation also extends these protections to Washington D.C., U.S. territories, and federally recognized tribal nations.
Nearly all 50 states have laws permitting to some degree cannabis or cannabis-based products, and Washington D.C., Puerto Rico, Guam, and a number of tribal nations have enacted similar laws. However, federal guidance is often in contradiction and lacking proper regulatory support and safety oversight.
“Whether a state is pro-legalization or anti-legalization, we can all agree that the current federal approach to cannabis policy is not working. As President Trump has acknowledged, the existing policy has caused unnecessary harm and squandered taxpayer dollars by diverting law enforcement resources from combatting violent crimes to making needless arrests and facilitating incarcerations for small possessions of state legal marijuana,” said Joyce, Co-Chair of the Congressional Cannabis Caucus. “The STATES 2.0 Act remedies this issue by bridging the gap between federal and state policy to create a more logical approach to cannabis regulation that allows each state to put the policies in place that work best for their communities and unique needs. I look forward to continuing to work with my colleagues and the Administration to protect states’ rights and make our communities a safer place.”
The STATES 2.0 Act:
Amends the Controlled Substances Act (21 U.S.C. § 801) (CSA) to respect the will of each state and no longer classify marijuana as a substance covered by the CSA, that is manufactured, produced, possessed, distributed, dispensed, administrated, or delivered in compliance with State and Tribal law, while also ensuring states that opt to maintain prohibition receive federal support and assistance for this enforcement.
Continues to apply the following federal criminal provisions under the CSA by prohibiting:
Distribution of marijuana to anyone under the age of 21; and
Employment of persons under age 18 in marijuana operations.
Regulates marijuana products through the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Food and Drug Administration (FDA) by outlining that the FDA should classify marijuana products as they fall into specific categories, such as drug, food and dietary supplements, or cosmetics, to ensure products meet the standards for contaminant testing, manufacturing expectations, and marketing practices.
Prohibits the distribution of marijuana at transportation safety facilities such as rest areas and truck stops.
Bars the distribution or sale of marijuana to persons under the age of 21 other than for medical purposes.
Instructs the Comptroller General of the United States to conduct a study on the effects of marijuana legalization on traffic safety, including whether states are able to accurately evaluate marijuana impairment, testing standards used by these states, and a detailed assessment of traffic incidents.
Addresses financial issues caused by federal prohibition by clearly stating that compliant transactions are not trafficking and do not result in proceeds of an unlawful transaction. Additionally, conduct in compliance with the STATES 2.0 Act shall not be subject to section 280E of the Internal Revenue code relating to expenditures and revenue in connection with the sale of illegal drugs.
