H.R. 2935

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2935 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 2935

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 17, 2025

Mr. Joyce of Ohio (for himself, Mr. Jeffries, and Mr. Miller of Ohio) 
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 2025'' or the 
``PREPARE Act of 2025''.

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--
(A) the impact of cannabis criminalization, 
particularly on minority, low income, and veteran 
communities;
(B) the lack of access to the financial service 
sector for cannabis entrepreneurs and their affiliated 
industries;
(C) the lack of access to cannabis related 
research, including research on medical uses and the 
effects of impairment;
(D) the lack of access to medical cannabis and 
research, particularly with respect to Federal 
agencies;
(E) the lack of medical cannabis training at 
publicly funded medical training centers;
(F) the lack of consistent regulations for cannabis 
product and safety, use, and labeling requirements, 
including requirements to protect youth and reduce 
harms to youth;
(G) the lack of efficient cannabis revenue 
reporting and collecting, including efficient and 
tenable Federal revenue frameworks;
(H) the lack of guidance for cannabis crop 
production, sale, intrastate, interstate, and 
international trade;
(I) the lack of guidance regarding the successful 
coexistence of individual hemp and cannabis industries, 
including prevention of cross pollination of cannabis 
and hemp products; and
(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, the Department of 
Justice of each State or Tribal government, and the 
public.
(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 witness hearings 
and solicit written or verbal testimony from 
participants in the cannabis industry. Such 
hearings shall include--
(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, 
manufacture, produce, possess, 
distribute, administer, or deliver 
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, manufacture, 
produce, possess, distribute, 
administer, or deliver cannabis;
(III) an individual who was 
convicted and incarcerated by the 
Federal Government for a non-violent 
offense with respect to cannabis; and
(IV) an individual who was 
convicted and incarcerated by a State 
for a non-violent offense with respect 
to cannabis.
(ii) Rule of construction.--Nothing in this 
section shall be construed to limit the 
Commission's authority to include additional 
participants at the public witness hearing. if 
the participants referred to under clause (i) 
are included.
(iii) 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 subsection (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 States, Tribal Governments, 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 subsection (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 from 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 from 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) The Secretary of Housing and Urban Development.
(23) The Secretary of Labor.
(24) The Secretary of the Treasury.
(25) The Director of the Office of National Drug Control 
Policy.
(26) The Director of the Office of Minority Health.
(27) The Director of Indian Health Service.
(28) 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.
(29) Two representatives who have worked on a State 
cannabis control commission 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 are responsible for fulfilling prior 
commitments, regardless of attendance status. If a member is 
absent two times 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) State cannabis control commission.--The term ``State 
cannabis control commission'' means any State commission, 
bureau, board, department, office, agency, division, or 
authority responsible for the regulation of the State's legal 
medical and recreational cannabis program.
(4) 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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