S.Amdt. 4123

SA 4123. Mr. GARDNER submitted an amendment intended to be proposed
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to
the bill S. 756, to reauthorize and amend the Marine Debris Act to
promote international action to reduce marine debris, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. STRENGTHENING THE TENTH AMENDMENT THROUGH
ENTRUSTING STATES.

(a) Short Title.--This section may be cited as the
``Strengthening the Tenth Amendment Through Entrusting States
Act'' or the ``STATES Act''.
(b) Rule Regarding Application to Marihuana.--
(1) In general.--Part G of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by adding at the end the
following:

``rule regarding application to marihuana

``Sec. 710.  (a) The provisions of this title as applied to
marihuana, other than the provisions described in subsection
(c) and other than as provided in subsection (d), shall not
apply to any person acting in compliance with State law
relating to the manufacture, production, possession,
distribution, dispensation, administration, or delivery of
marihuana.
``(b) The provisions of this title related to marihuana,
other than the provisions described in subsection (c) and
other than as provided in subsection (d), shall not apply to
any person acting in compliance with the law of a Federally
recognized Indian tribe within its jurisdiction in Indian
Country, as defined in section 1151 of title 18, United
States Code, related to the manufacture, production,
possession, distribution, dispensation, administration, or
delivery of marihuana so long as such jurisdiction is located
within a state that permits, respectively, manufacture,
production, possession, distribution, dispensation,
administration, or delivery of marihuana.
``(c) The provisions described in this subsection are--
``(1) section 401(a)(1), with respect to a violation of
section 409 or 418;
``(2) section 409;
``(3) section 417; and
``(4) section 418.
``(d) Subsection (a) shall not apply to any person who--

[[Page S7668]]

``(1) violates the Controlled Substances Act with respect
to any other controlled substance;
``(2) notwithstanding compliance with State or tribal law,
knowingly or intentionally manufactures, produces, possesses,
distributes, dispenses, administers, or delivers any other
marihuana in violation of the laws of the State or tribe in
which such manufacture, production, possession, distribution,
dispensation, administration, or delivery occurs; or
``(3) employs or hires any person under 18 years of age to
manufacture, produce, distribute, dispense, administer, or
deliver marihuana.''.
(c) Transportation Safety Offenses.--Section 409 of the
Controlled Substances Act (21 U.S.C. 849) is amended--
(1) in subsection (b), in the matter preceding paragraph
(1)--
(A) by striking ``A person'' and inserting ``Except as
provided in subsection (d), a person''; and
(B) by striking ``subsection (b)'' and inserting
``subsection (c)'';
(2) in subsection (c), in the matter preceding paragraph
(1)--
(A) by striking ``A person'' and inserting ``Except as
provided in subsection (d), a person''; and
(B) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(3) by adding at the end the following:
``(d) Exception.--Subsections (b) and (c) shall not apply
to any person who possesses, or possesses with intent to
distribute marihuana in compliance with section 710.''.
(d) Distribution to Persons Under Age 21.--Section 418 of
the Controlled Substances Act (21 U.S.C. 859) is amended--
(1) in subsection (a), in the first sentence, by inserting
``and subsection (c) of this section'' after ``section 419'';
(2) in subsection (b), in the first sentence, by inserting
``and subsection(c) of this section'' after ``section 419'';
and
(3) by adding at the end the following:
``(c) Subsections (a) and (b) shall not apply to any person
at least 18 years of age who distributes medicinal marihuana
to a person under 21 years of age in compliance with section
710.''.
(e) Rule of Construction.--
(1) In general.--Conduct in compliance with this section
and the amendments made by this section--
(A) shall not be unlawful;
(B) shall not constitute trafficking in a controlled
substance under section 401 of the Controlled Substances Act
(21 U.S.C. 841) or any other provision of law; and
(C) shall not constitute the basis for forfeiture of
property under section 511 of the Controlled Substances Act
(21 U.S.C. 881) or section 981 of title 18, United States
Code.
(2) Proceeds.--The proceeds from any transaction in
compliance with this section and the amendments made by this
section shall not be deemed to be the proceeds of an unlawful
transaction under section 1956 or 1957 of title 18, United
States Code, or any other provision of law.
______