Joyce, Miller, Titus Reintroduce Bipartisan Legislation to Protect States’ Rights

WASHINGTON, DC – Today, 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 to ensure that each State has the right to determine for itself the best approach to cannabis within its borders. 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 Congressman 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.” 

“Today, 24 states have legalized recreational cannabis, and 39 states permit its use for medical purposes. The STATES 2.0 Act offers a balanced framework to bridge the gap between federal and state cannabis laws,” said Congressman Miller. “It’s time for federal lawmakers to establish commonsense guardrails that protect children, promote public safety, support scientific research, address addiction and mental health concerns, and uphold the rights of communities that choose to opt out of cannabis use. This legislation empowers each state to adopt policies that reflect the needs and values of their residents without fear of federal interference.”

“The STATES 2.0 Act ensures the federal government does not interfere with states or tribes that have chosen to legalize cannabis. This common-sense proposal is exactly the type of legislation I hope to advance as Co-Chair of the Cannabis Caucus,” said Congresswoman Titus, Co-Chair of the Congressional Cannabis Caucus. “It’s time for national policy to catch up with the states or at least get out of the way.”

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.  

“CPEAR applauds the reintroduction of the Strengthening the Tenth Amendment Through Entrusting States 2.0 (STATES 2.0) Act by U.S. Representative Dave Joyce (R-OH). Congress has an opportunity to get this right for all 50 states by helping each to succeed in the policies they choose. Currently, a confusing patchwork of state and federal cannabis laws is undermining public safety, stifling economic growth, and leaving patients, veterans, small business owners, and law enforcement in legal limbo. The STATES 2.0 Act changes that—bringing clarity, consistency, and accountability,” said Shanita Penny, Executive Director, CPEAR.

“The R Street Institute is thrilled to support the reintroduction of the STATES 2.0 Act which is a true example that bipartisan legislating still exists in our nation’s capital. This legislation is a good free market approach to cannabis reform, and it will be key to add essential safeguards to the cannabis industry with provisions that ensure youth safety, consumer safety, and public safety. 53 percent of Americans live in a state with a legalized cannabis market, but without federal action these states face barriers with the federal government to combat illicit markets, assist with consumer safety standards, and provide essential banking services. This bill will address and fix those long festering issues across these legalized jurisdictions. Lastly, law enforcement agencies across the country will get the resources they need to properly enforce the laws of their state. For these reasons, we believe the passage of the STATES 2.0 Act is imperative and needs to be given proper consideration by this Congress. We applaud Rep. Joyce for his unwavering leadership on this issue, and we encourage more of his colleagues to join his effort,” said Anthony Lamorena, Senior Manager of Federal Affairs at the R Street Institute.

“State leaders and voters alike have shown that they want to see the status quo on cannabis policy change, most recently in Nebraska and Kentucky. The laws of every state now conflict with our decades-old federal statutes, and this status quo leaves veterans, doctors, business owners, and law enforcement in a state of major uncertainty,” said Jeremiah Mosteller, Policy Director at Americans for Prosperity. “The STATES 2.0 Act represents a vital opportunity to advance President Trump’s campaign promises and allow federal support for each state’s chosen policies in this area.” 

“States being able to set their own cannabis policies is a critical component to developing a functional framework for the US Cannabis Industry and is consistent with President Trump’s position and approach to cannabis policy that was laid out on the campaign trail. 40 states across the country have unique cannabis programs, and one size will not fit all when it comes to regulation. USCR supports this effort to put states at the forefront of cannabis policy and looks forward to working with Congressman Joyce on this legislation,” said Charlie Bachtell, Acting Chairman of the United States Cannabis Roundtable.

“The STATES 2.0 Act represents a pragmatic and bipartisan step forward in modernizing federal cannabis policy. By respecting state decisions, clarifying federal jurisdiction, and laying the groundwork for safe interstate commerce and appropriate FDA oversight, this legislation helps bring order and predictability to a fractured regulatory landscape,” said Geoffrey Lawrence, Research Director at Reason Foundation and Cannabis Freedom Alliance Policy Director. “It moves federal law closer to the principles of federalism and responsible regulation, and we’re proud to support Congressman Joyce’s efforts to advance this much-needed reform.”

Read the full text of the bill here.

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