Federal Legislation 2017-2018

115th Congress (2017-2018)

• S. 776: A bill to amend the Internal Revenue Code of 1986 to provide for the taxation and regulation of marijuana products, and for other purposes.
• S. 777: A bill to amend the Internal Revenue Code of 1986 to allow deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with State law.
• S. 780: A bill to amend the Controlled Substances Act to reduce the gap between Federal and State marijuana policy, and for other purposes.
• S. 1008: Therapeutic Hemp Medical Access Act of 2017
• S. 1152: Secure and Fair Enforcement (SAFE) Banking Act (bicameral) of 2017.
• S. 1276: Cannabidiol Research Expansion Act.
• S. 1374: CARERS Act of 2017
• S. 1689: A bill to amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes.
• S. 3032: STATES Act of 2018
• S. 3174: A bill to decriminalize marijuana, and for other purposes.

• H.R. 331: States' Medical Marijuana Property Rights Protection Act.
• H.R. 714: To provide for the legitimate use of medicinal marihuana in accordance with the laws of the various States.
• H.R. 715: To provide for the rescheduling of marihuana, the medical use of marihuana in accordance with State law, and the exclusion of cannabidiol from the definition of marihuana, and for other purposes.
• H.R. 975: To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes.
• H.R. 1227: To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes.
• H.R. 1810: To amend the Internal Revenue Code of 1986 to allow deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with State law.
• H.R. 1820: To authorize Department of Veterans Affairs health care providers to provide recommendations and opinions to veterans regarding participation in State marijuana programs.
• H.R. 1823: To amend the Internal Revenue Code of 1986 to provide for the taxation and regulation of marijuana products, and for other purposes.
• H.R. 1824: To amend the Controlled Substances Act to reduce the gap between Federal and State marijuana policy, and for other purposes.
• H.R. 1841: To provide for the regulation of marijuana products, and for other purposes.
• H.R. 2020: To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act.
• H.R. 2215: Secure and Fair Enforcement (SAFE) Banking Act (bicameral) of 2017.
• H.R. 2273: To amend the Controlled Substances Act to exclude cannabidiol and cannabidiol-rich plants from the definition of marihuana, and for other purposes.
• H.R. 2528: Respect States and Citizens' Rights Act of 2017
• H.R. 2920: CARERS Act of 2017
• H.R. 3391: Medical Marijuana Research Act of 2017
• H.R. 3534: State Marijuana And Regulatory Tolerance (SMART) Enforcement Act of 2017
• H.R. 6043: STATES Act of 2018

United States v. McIntosh, 833 F.3d 1163, 1169-70 (9th Cir. 2016)

[833 F.3d 1169] In December 2014, Congress enacted the following rider in an omnibus appropriations bill funding the government through September 30, 2015:

None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235, § 538, 128 Stat. 2130, 2217 (2014). Various short-term measures extended the appropriations and the rider through December 22, 2015. On December 18, 2015, Congress enacted a new appropriations act, which appropriates funds through the fiscal year ending September 30, 2016, and includes essentially the same rider in § 542. Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, § 542, 129 Stat. 2242, 2332-33 (2015) [833 F.3d 1170] (adding Guam and Puerto Rico and changing “prevent such States from implementing their own State laws” to “prevent any of them from implementing their own laws”).

Congress extended the rider through 4/28/2017

H.R.2028 - Further Continuing and Security Assistance Appropriations Act, 2017 (Continuing appropriations through 4/28/2017)