S. 3174Senate115th Congress (2017-2019)In Committee

Marijuana Freedom and Opportunity Act

Introduced June 28, 2018

AI-Generated Summary

Updated April 15, 2026 at 10:44 PM UTC

TheMarijuana Freedom and Opportunity Act seeks to decriminalize marijuana at the federal level by removing it from the Controlled Substances Act. It creates a trust fund to support small businesses owned by women or socially/economically disadvantaged people in the marijuana industry. The bill also funds research on highway safety and health impacts, sets advertising restrictions to protect youth, and provides grants for expunging past marijuana convictions. It preserves federal authority to stop illegal trafficking between states.

Key Provisions

  • Removes marijuana and related terms from Schedule I of the Controlled Substances Act and updates related statutes accordingly.
  • Establishes a Marijuana Opportunity Trust Fund funded by the greater of 10% of estimated marijuana tax revenue or $10 million, to be used for SBA loans to women‑owned and disadvantaged‑owned marijuana businesses.
  • Authorizes $50 million per fiscal year (2019‑2023) for the National Highway Traffic Safety Administration to study THC‑related driving impairment and develop detection methods.
  • Authorizes $100 million per fiscal year (2019‑2023) for the Department of Health and Human Services to research marijuana’s effects on the brain, medical efficacy, and other health impacts.
  • Directs the Treasury’s Alcohol and Tobacco Tax and Trade Bureau to create regulations limiting advertising and promotion of marijuana products to protect individuals under 18, while respecting First Amendment rights.
  • Provides $20 million per fiscal year (2019‑2023) to the Attorney General for grants to states and localities to expand expungement or sealing programs for marijuana possession convictions, with at least half covering public defenders or legal aid.
  • States that nothing in the Act changes the federal government’s authority to prevent marijuana trafficking between states that have not legalized it.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4740-4741)

June 28, 2018

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SenateIntro Referral

Introduced in Senate

June 28, 2018

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S4740-4741)

June 28, 2018

Floor Debate

6 members

What members said about S. 3174 on the floor

2 Republicans4 Democrats
Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jun 28, 2018

Mr. President, today, I am joining with Senator Murray in introducing the Border Zone Reasonableness Restoration Act of 2018. This legislation, if enacted, will establish critical privacy protections…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 28, 2018

Mr. President, I rise today to introduce legislation with my colleague from Maryland, Senator Ben Cardin, which would increase access to preventive bone density screenings and improve osteoporosis…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 28, 2018

Mr. President, I rise today to introduce the Protect Our Food From Phthalate Contamination Act. This bill would ban chemicals called ortho-phthalates from materials that come in contact with our…

John Cornyn
Sen. John CornynR-TX · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

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Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 28, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued June 28, 2018

II

115th CONGRESS

2d Session

S. 3174

IN THE SENATE OF THE UNITED STATES

June 28, 2018

Mr. Schumer (for himself, Ms. Duckworth, Mr. Sanders, Mr. Kaine, Mr. Merkley, Mr. Wyden, Mr. Bennet, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To decriminalize marijuana, and for other purposes.

1.

Short title

This Act may be cited as the Marijuana Freedom and Opportunity Act.

2.

Decriminalization of marijuana

(a)

Marihuana removed from schedule of controlled substances

Subsection (c) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended—

(1)

by striking marihuana; and

(2)

by striking tetrahydrocannabinols.

(b)

Removal of prohibition on import and export

Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (F), by inserting or after the semicolon;

(B)

by striking subparagraph (G); and

(C)

by redesignating subparagraph (H) as subparagraph (G);

(2)

in paragraph (2)—

(A)

in subparagraph (F), by inserting or after the semicolon;

(B)

by striking subparagraph (G); and

(C)

by redesignating subparagraph (H) as subparagraph (G);

(3)

in paragraph (3), by striking paragraphs (1), (2), and (4) and inserting paragraphs (1) and (2);

(4)

by striking paragraph (4); and

(5)

by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.

(c)

Conforming amendments to controlled substances act

The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—

(1)

in section 102(44) (21 U.S.C. 802(44)), by striking marihuana,;

(2)

in section 401(b) (21 U.S.C. 841(b))—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

in clause (vi), by inserting or after the semicolon;

(II)

by striking (vii); and

(III)

by redesignating clause (viii) as clause (vii);

(ii)

in subparagraph (B)—

(I)

by striking clause (vii); and

(II)

by redesignating clause (viii) as clause (vii);

(iii)

in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D) and inserting subparagraphs (A) and (B);

(iv)

by striking subparagraph (D);

(v)

by redesignating subparagraph (E) as subparagraph (D); and

(vi)

in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D) and inserting subparagraph (C);

(B)

by striking paragraph (4); and

(C)

by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;

(3)

in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking , marihuana,;

(4)

in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking , marihuana,;

(5)

in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;

(6)

in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;

(7)

in section 422(d) (21 U.S.C. 863(d))—

(A)

in the matter preceding paragraph (1), by striking marijuana,; and

(B)

in paragraph (5), by striking , such as a marihuana cigarette,; and

(8)

in section 516(d) (21 U.S.C. 886(d)), by striking section 401(b)(6) each place the term appears and inserting section 401(b)(5).

(d)

Other conforming amendments

(1)

National forest system drug control act of 1986

The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended—

(A)

in section 15002(a) (16 U.S.C. 559b(a)) by striking marijuana and other;

(B)

in section 15003(2) (16 U.S.C. 559c(2)) by striking marijuana and other; and

(C)

in section 15004(2) (16 U.S.C. 559d(2)) by striking marijuana and other.

(2)

Interception of communications

Section 2516 of title 18, United States Code, is amended—

(A)

in subsection (1)(e), by striking marihuana,; and

(B)

in subsection (2) by striking marihuana,.

3.

Level the economic playing field

(a)

Estimate

On an annual basis, the Secretary of the Treasury shall make a reasonable estimate of total tax revenue generated by the marijuana industry for the previous 12-month period.

(b)

Transfer

The Secretary of the Treasury shall transfer from the general fund of the Treasury to the trust fund established under subsection (c) the greater of—

(1)

an amount equal to 10 percent of the amount estimated under subsection (a); and

(2)

$10,000,000.

(c)

Trust fund

(1)

In general

There is established in the Treasury of the United States a trust fund to be known as the Marijuana Opportunity Trust Fund, which shall consist of amounts transferred under subsection (b).

(2)

Use of amounts

Amounts in the trust fund established under paragraph (1) shall be made available to the Administrator of the Small Business Administration to provide loans under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to assist—

(A)

small business concerns owned and controlled by women, as defined in section 3 of that Act (15 U.S.C. 632), that operate in the marijuana industry; and

(B)

small business concerns owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of that Act (15 U.S.C. 637(d)(3)(C)), that operate in the marijuana industry.

4.

Highway safety research

(a)

Study; development

The Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator) shall—

(1)

carry out a study of the impact of driving under the influence of tetrahydrocannabinol on highway safety; and

(2)

develop enhanced strategies and procedures to reliably determine the impairment of a driver under the influence of tetrahydrocannabinol.

(b)

Authorization of appropriations

There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2019 through 2023.

5.

Public health research

(a)

In general

The Secretary of Health and Human Services, in consultation with the Director of the National Institutes of Health and the Commissioner of Food and Drugs, shall conduct research on the impacts of marijuana, including—

(1)

effects of tetrahydrocannabinol on the human brain;

(2)

efficacy of medicinal marijuana as a treatment for specific diseases and conditions; and

(3)

identification of additional medical benefits and uses of cannabis.

(b)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Health and Human Services, $100,000,000 for each of fiscal years 2019 through 2023, for purposes of carrying out the activities described in subsection (a).

6.

Protect kids

The Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury shall promulgate regulations that—

(1)

require restrictions on the advertising and promotion of products related to marijuana, if the Secretary determines that such regulation would be appropriate for the protection of the public health, taking into account—

(A)

the risks and benefits to the population of individuals age 18 and under, including users and nonusers of marijuana products;

(B)

the increased or decreased likelihood that existing users of marijuana products who are age 18 and under will stop using such products; and

(C)

the increased or decreased likelihood that those age 18 and under who do not use marijuana products will start using such products; and

(2)

impose restrictions on the advertising and promotion of products related to marijuana consistent with and to the full extent permitted by the First Amendment to the Constitution of the United States.

7.

Grants for expungement of marijuana convictions

There is authorized to be appropriated to the Attorney General to award grants to States and units of local government for the purpose of administering, expanding, or developing expungement or sealing programs for convictions of possession of marijuana $20,000,000 for each of fiscal years 2019 through 2023 with not less than 50 percent of those funds being directed to cover the cost of public defenders or legal aid providers.

8.

Rule of construction

Nothing in this Act, or an amendment made by this Act, may be construed to modify the authority of the Federal Government to prevent marijuana trafficking from States that have legalized marijuana to those that have not.