HouseH.R. 10923119th Congress
Public Health and Research Reforms in Controlled Substances Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10923 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10923
To amend the Controlled Substances Act to better align such Act with
modern medical knowledge, establish a new system for the scheduling of
controlled substances, redelegate certain authorities, promote
scientific research, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2026
Mr. Cohen introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
the Judiciary, Oversight and Government Reform, Natural Resources,
Agriculture, and Transportation and Infrastructure, 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 amend the Controlled Substances Act to better align such Act with
modern medical knowledge, establish a new system for the scheduling of
controlled substances, redelegate certain authorities, promote
scientific research, 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 ``Public Health and Research Reforms
in Controlled Substances Act of 2026''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AMENDMENTS TO CONTROLLED SUBSTANCES ACT
Sec. 101. Findings and declarations.
Sec. 102. Definitions.
Sec. 103. Authority and criteria for classification of substances.
Sec. 104. Schedules of controlled substances.
Sec. 105. Treatment of controlled substance analogues.
Sec. 106. Rules and regulations.
Sec. 107. Persons required to register.
Sec. 108. Registration requirements.
Sec. 109. Denial, revocation, or suspension of registration.
Sec. 110. Quotas applicable to certain substances.
Sec. 111. Records and reports of registrants.
Sec. 112. Order forms.
Sec. 113. Prescriptions.
Sec. 114. Prohibited acts A--penalties.
Sec. 115. Prohibited acts B--penalties.
Sec. 116. Prohibited acts C--penalties.
Sec. 117. Distribution to persons under age twenty-one.
Sec. 118. Distribution in or near schools.
Sec. 119. Denial of Federal benefits to drug traffickers and
possessors.
Sec. 120. Drug paraphernalia.
Sec. 121. Administrative hearings.
Sec. 122. Judicial review.
TITLE II--AMENDMENTS TO CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT
Sec. 201. Exportation of controlled substances.
Sec. 202. Exemption authority.
Sec. 203. Registration requirements.
Sec. 204. Prohibited acts A--penalties.
TITLE III--AMENDMENTS TO OFFICE OF NATIONAL DRUG CONTROL POLICY
REAUTHORIZATION ACT OF 1998
Sec. 301. Definitions.
Sec. 302. Appointment and duties of Director and Deputy Director.
Sec. 303. Development, submission, implementation, and assessment of
National Drug Control Strategy.
Sec. 304. Federal evolving or emerging drug threat classification and
response system; media campaign.
TITLE IV--MARIJUANA DESCHEDULING
Sec. 401. Conforming amendments to other laws.
Sec. 402. Effect on other law.
Sec. 403. Public meetings.
Sec. 404. Special rule for Federal employee testing.
TITLE V--REVISION OF UNITED STATES SENTENCING GUIDELINES
Sec. 501. Revision of United States Sentencing Guidelines regarding
sentencing for drug offenses.
Sec. 502. Resentencing.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--AMENDMENTS TO CONTROLLED SUBSTANCES ACT
SEC. 101. FINDINGS AND DECLARATIONS.
Section 101 of the Controlled Substances Act (21 U.S.C. 801) is
amended--
(1) in paragraph (1), by inserting ``public'' before
``health''; and
(2) in paragraph (2), by striking ``and possession and
improper use of controlled substances have a substantial and
detrimental effect on the health and general welfare of the
American people'' and inserting ``and improper use of
controlled substances may represent a threat to public
health''.
SEC. 102. DEFINITIONS.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) through (60) as
paragraphs (1) through (59), respectively;
(3) in paragraph (5), as so redesignated, by striking ``IV,
or V'' and inserting ``or IV'';
(4) in paragraph (13), as so redesignated, by striking ``,
except as used in schedule I(c) and schedule II(a)(4). As used
in schedule I(c), the term `isomer' means any optical,
positional, or geometric isomer. As used in schedule II(a)(4),
the term `isomer' means any optical or geometric isomer'';
(5) in paragraph (22)(A), as so redesignated, by striking
``Attorney General'' and inserting ``Secretary'';
(6) in paragraph (31), as so redesignated--
(A) in subparagraph (A), by striking clauses (i)
through (iii) and inserting the following:
``(i)(I) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance in
schedule I or II; and
``(II) which has a stimulant, depressant, or hallucinogenic
effect on the central nervous system that is substantially
similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a
controlled substance in schedule I or II; or
``(ii) with respect to a particular person, which such
person represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous
system of a controlled substance in schedule I or II.''; and
(B) in subparagraph (B), by striking ``paragraph
(34) or (35)'' and inserting ``paragraph (33) or
(34)'';
(7) in paragraph (33), as so redesignated, by striking
``Attorney General'' each place it appears and inserting
``Secretary'';
(8) in paragraph (34), as so redesignated, by striking
``Attorney General'' each place it appears and inserting
``Secretary'';
(9) in paragraph (38)(A), as so redesignated--
(A) in the matter preceding clause (i)--
(i) by striking ``Attorney General
establishes'' and inserting ``Secretary, in
consultation with the Attorney General,
establishes''; and
(ii) by striking ``Attorney General, in
consultation with'' and inserting ``Secretary,
in consultation with the Attorney General
and''; and
(B) in clause (iii), by striking ``Attorney
General'' and inserting ``Secretary, in consultation
with the Attorney General,'';
(10) in paragraph (40)(A), as so redesignated, in the
matter following clause (lxxv), by striking ``Attorney
General'' and inserting ``Secretary'';
(11) in paragraph (43), as so redesignated, by striking
``marihuana,'';
(12) in paragraph (44)(B), as so redesignated--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by striking ``202(c)'' and inserting ``202'';
(13) in paragraph (51)(B)(viii), as so redesignated, by
striking ``, IV, or V'' each place it appears and inserting
``or IV'';
(14) in paragraph (54), as so redesignated, by striking ``,
IV, or V'' each place it appears and inserting ``or IV'';
(15) in paragraph (55), as so redesignated, by striking ``,
IV, or V'' each place it appears and inserting ``or IV''; and
(16) by striking paragraph (59), as so redesignated, and
inserting the following:
``(59)(A) Except as provided in subparagraph (B), the term
`fentanyl-related substance' means any substance that is structurally
related to fentanyl by 1 or more of the following modifications:
``(i) By replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle.
``(ii) By substitution in or on the phenethyl group with
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or
nitro groups.
``(iii) By substitution in or on the piperidine ring with
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
haloalkyl, amino, or nitro groups.
``(iv) By replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle.
``(v) By replacement of the N-propionyl group with another
acyl group.
``(B) A substance that satisfies the definition of the term
`fentanyl-related substance' in subparagraph (A) shall nonetheless not
be treated as a fentanyl-related substance if the substance is
controlled by action of the Secretary under section 201.
``(C) The Secretary may by order publish in the Federal Register a
list of substances that satisfy the definition of the term `fentanyl-
related substance' in subparagraph (A).
``(60) The term `drug-specific mortality' means the risk of death
associated with single use consumption of a drug or other substance.
``(61) The term `drug-related mortality' means the extent to which
life is shortened by the use of a drug or other substance.
``(62) The term `drug-specific damage' means the extent to which
use of a drug or other substance damages a person's physical health.
``(63) The term `drug-related damage' means the extent to which use
of a drug or substance contributes to damage to a person's physical
health, including consequences of use.
``(64) The term `withdrawal' means a group of behavioral and
physical signs and symptoms that occur upon discontinuation of drug or
other substance consumption that may have resulted from physical
dependence or precipitation by a reversal agent for the drug or other
substance's pharmacological target.
``(65) The term `economic cost' means--
``(A) a direct cost (such as a cost related to health care,
police interaction, social services, or crime); and
``(B) an indirect cost (such as loss of productivity or
absenteeism).
``(66)(A) The term `therapeutic value' means the extent to which a
drug or other substance provides a measurable improvement in patient
health.
``(B) The Secretary, through notice and comment rulemaking, shall
provide (and periodically update to incorporate new scientific
evidence) additional specificity to the definition in subparagraph (A)
and provide corresponding evaluation criteria. In so doing, the
Secretary shall consider--
``(i) severity of the conditions and existence of
efficacious alternative interventions, which may be influenced
by the tolerability and accessibility of the drug or other
substance;
``(ii) improvements in health or health-related metrics,
which may include--
``(I) survival;
``(II) relief of pain;
``(III) reduction in anxiety, as measured by the
Generalized Anxiety Disorder 7-Item (or any successor
test) or such other tests;
``(IV) reduction in depression symptoms, as
assessed by the Patient Health Questionnaire-9 (or any
successor test) or such other tests;
``(V) reduction in post-traumatic stress disorder
symptoms, as assessed by the Clinician-Administered
PTSD Scale for DSM-5 (or any successor test) or such
other tests;
``(VI) reduction in substance use disorder
symptoms, as defined by the Diagnostic and Statistical
Manual of Mental Disorders; and
``(VII) patient-reported quality of life;
``(iii) safety profile, tolerability, and patient adherence
related to the administration of the drug or other substance as
prescribed; and
``(iv) such other facts as the Secretary determines
appropriate.
``(C) The existence of an effective alternative drug or other
substance for a medical need shall not substantially reduce the
therapeutic value of a drug or other substance.
``(67) The term `benefit to society' means, with respect to a drug
or other substance, any medical, scientific, or other uses of the drug
or other substance that may improve public health or quality of life,
as influenced by the therapeutic value of the drug or other substance,
or improve social cohesion.
``(68) The term `multicriteria decision analysis' means a
mathematically driven model that scores options across multiple
criteria, assigns numerical weights to those criteria, and aggregates
the weighted scores through a defined calculation to yield a
comparative ranking for decision making in an outcome with multiple
objectives.
``(69)(A) The term `threat to public health' means, with respect to
a drug or other substance, the relative likelihood that development of
a substance use disorder, misuse, or nonmedical use of the drug or
other substance would cause or contribute to harm to others, either
individually or collectively, and the chronicity and severity of such
harm.
``(B) The Secretary, through notice and comment rulemaking, shall
provide (and periodically update to incorporate new scientific
evidence) additional specificity to the definition in subparagraph (A)
and provide corresponding evaluation criteria. In so doing, the
Secretary shall consider health problems associated with substance use
disorder, misuse, or nonmedical use of the drug or other substance,
including--
``(i) the rates of fatal and nonfatal overdoses and
poisonings;
``(ii) potentially fatal withdrawal syndromes;
``(iii) the relative frequency of emergency medical service
encounters (in comparison to other substances);
``(iv) emergency department visits including
hospitalization;
``(v) development of diagnosable substance-related clinical
illness;
``(vi) the relative frequency of drug treatment admissions;
``(vii) comparisons of national and subnational trends; and
``(viii) other relevant public health or public safety
factors.
``(70) The term `substance use disorder' means the pattern of
behavior from the recurrent use of drugs or other substances that cause
the criteria defined in the Diagnostic and Statistical Manual of Mental
Disorders, 5th edition, text revision (or any successor manual).
``(71) The term `misuse' means the use of prescription drugs in a
manner or dose other than as prescribed.
``(72) The term `nonmedical use'--
``(A) means the use of a drug or other substance in a
manner not directed by a health care provider; and
``(B) includes misuse.''.
SEC. 103. AUTHORITY AND CRITERIA FOR CLASSIFICATION OF SUBSTANCES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is
amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``a
potential for abuse'' and inserting ``the
potential for development of a substance use
disorder (not including isolated or occasional
nontherapeutic purposes)''; and
(ii) in subparagraph (B), by striking
``schedule'' and inserting ``schedules''; and
(C) in the matter following paragraph (2), by
striking ``request of the Secretary, or (3)'' and
inserting ``request of the Attorney General, (3) at the
request of the Director of the Office of National Drug
Control Policy, or (4)'';
(2) by striking subsection (b) and inserting the following:
``(b)(1) The Secretary shall, before initiating proceedings under
subsection (a) to control a drug or other substance or to remove a drug
or other substance entirely from the schedules--
``(A) request from the Attorney General a law enforcement
evaluation with respect to such drug or other substance of the
factor described in subsection (c)(10);
``(B) make publicly available a scientific and medical
evaluation of the drug or other substance, using the factors
described in subsection (c), which shall include the
recommendations of the Secretary with respect to the
appropriate schedule, if any, under which such drug or other
substance should be listed; and
``(C) after completion of such evaluation, request from the
Committee established under paragraph (3) a multicriteria
decision analysis, which shall--
``(i) include the recommendations of the Committee
with respect to the appropriate schedule, if any, under
which such drug or other substance should be listed;
``(ii) descriptions of--
``(I) the evidence and data sources used;
``(II) the numerical weights and the
reasons for choosing them;
``(III) the score assigned to each
criterion before the scores are aggregated; and
``(IV) uncertainty ranges and sensitivity
analyses showing whether reasonable changes in
weights alter the result; and
``(iii) be made publicly available.
``(2) If the Committee recommends that a drug or other substance
not be controlled or not be removed, the Secretary shall not so control
or remove the drug or other substance. Subject to the previous
sentence, if the Secretary determines that these facts and all other
relevant data constitute substantial evidence such as to warrant
control or substantial evidence that the drug or other substance should
be removed entirely from the schedules, the Secretary shall initiate
proceedings for control or removal, as the case may be, under
subsection (a).
``(3)(A) The Secretary shall establish a Committee for the purpose
of conducting the evaluation and providing the recommendations
described in paragraph (1).
``(B) The Committee shall be composed of at least 15 and not more
than 25 members, who shall be appointed by the Secretary in
consultation with the Director of the Office of National Drug Control
Policy. Such members shall include the following:
``(i) At least 6 members with substantial expertise in
behavioral, molecular, or clinical pharmacology, selected from
the membership of--
``(I) the American Society for Pharmacology and
Experimental Therapeutics;
``(II) the College on Problems of Drug Dependence;
``(III) the American College of
Neuropsychopharmacology;
``(IV) the American Society of Addiction Medicine;
``(V) the Society of Biological Psychiatry; and
``(VI) the American College of Medical Toxicology.
``(ii) At least 5 members who--
``(I) are licensed, registered, or otherwise
permitted, by the United States or the jurisdiction in
which they practice, to prescribe controlled substances
in the course of professional practice;
``(II) have significant expertise in addiction
medicine or medical toxicology; and
``(III) hold--
``(aa) a subspecialty board certification
in addiction medicine from the American Board
of Preventive Medicine;
``(bb) a board certification in addiction
medicine from the American Board of Addiction
Medicine;
``(cc) a subspecialty board certification
in addiction psychiatry from the American Board
of Psychiatry and Neurology;
``(dd) a subspecialty board certification
in addiction medicine from the American
Osteopathic Association; or
``(ee) a subspecialty board certification
in medical toxicology from the American College
of Medical Toxicology.
``(iii) At least 2 members who work for a nonprofit
organization that advocates for persons with substance use
disorders.
``(iv) At least 2 members who have a significant
publication record on epidemiological trends in emerging or
existing drugs.
``(v) At least 2 members who--
``(I) have significant experience in providing
intensive case management to persons with substance use
disorders; and
``(II) hold State certifications in substance use
counseling.
``(C)(i) The Secretary shall ensure that the Committee meets
regularly and at appropriate intervals so that any matter to be
reviewed can be presented to the Committee not more than 60 days after
the matter is ready for such review.
``(ii) Meetings of the Committee may be held using electronic
communication.
``(iii) The Secretary shall, as appropriate, provide education and
training to each new Committee member before such member participates
in the Committee's activities, including education regarding--
``(I) requirements under this title and related regulations
of the Secretary; and
``(II) the administrative processes and procedures related
to Committee meetings.
``(iv) Committee members (other than officers or employees of the
United States), while attending meetings or conferences of the
Committee or otherwise engaged in its business, shall be entitled to
receive compensation for each day so engaged, including travel time, at
rates to be fixed by the Secretary, but not to exceed the daily
equivalent of the rate in effect for positions classified above grade
GS-15 of the General Schedule.
``(v) While serving away from their homes or regular places of
business, Committee members may be allowed travel expenses (including
per diem in lieu of subsistence) as authorized by section 5703 of title
5, for persons in the Government service employed intermittently.'';
(3) by striking subsection (c) and inserting the following:
``(c) In making any finding under subsection (a) of this section or
under subsection (b) of section 202, the Secretary shall consider the
following factors with respect to each drug or other substance proposed
to be controlled or removed from the schedules:
``(1) The state of current scientific knowledge regarding
the drug or other substance, including routes of administration
and pharmacological effects, if known.
``(2) Its actual or relative pattern or potential for
nonmedical use, misuse, and developments of substance use
disorders.
``(3) Its history and current trends of nonmedical use,
misuse, and developments of substance use disorders, including
subnational geographical trends.
``(4) The nature of, and actual (or, if unknown, the
potential) magnitude of, threats to public health related to
misuse, nonmedical use, and developments of substance use
disorders, including drug-specific mortality, drug-related
mortality, drug-specific damage, and drug-related damage.
``(5) Its therapeutic applications, including self-reported
therapeutic use, and extent of therapeutic use and epidemiology
of therapeutic use.
``(6) Prevalence of medical conditions or disease that the
drug or substance is used in, or has the potential for use for,
treatment for a currently met or unmet therapeutic utility.
``(7) Whether the drug or other substance is an immediate
precursor of a substance already controlled under this title.
``(8) Its marketing authorizations as a medicinal product.
``(9) Its industrial, agricultural, and veterinary use.
``(10) Its illicit manufacture and traffic and related
information.
``(11) What threat to public health, if any, from
scheduling the drug or other substance, including replacement
by alternative drugs or substances.
``(12) The extent to which the drug or other substance is
used to reduce the severity of an individual's substance use
disorder with respect to the use of another scheduled drug or
substance, along with harms to the individual and society
associated with use of that other scheduled drug or substance.
``(13) Other medical and scientific matters relevant for a
recommendation on scheduling of the drug or other substance.
``(14) Other such factors which relate to harms to one's
self or society, benefits to self or society, including
economic costs.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``Attorney
General'' and inserting ``Secretary'';
(B) in paragraph (2), by striking ``Secretary of
Health, Education, and Welfare'' each place it appears
and inserting ``Secretary of Health and Human
Services'';
(C) in paragraph (3)--
(i) by striking ``Secretary of Health,
Education, and Welfare'' each place it appears
and inserting ``Secretary of Health and Human
Services'';
(ii) in the matter preceding subparagraph
(A), by striking ``, after consultation with
the Attorney General,'';
(iii) in subparagraph (A), by striking
``recommend to the Attorney General that he
initiate proceedings for scheduling the drug or
substance, pursuant to subsections (a) and (b)
of this section,'' and inserting ``prepare an
analysis'';
(iv) in subparagraph (B), by striking
``recommend to the Attorney General that he'';
and
(v) in subparagraph (C)(i), by striking
``if he deems that additional controls are
necessary to protect the public health and
safety, recommend to the Attorney General that
he'';
(D) in paragraph (4)--
(i) by striking ``Attorney General'' each
place it appears and inserting ``Secretary of
Health and Human Services'';
(ii) in subparagraph (A)--
(I) by striking ``, after
consultation with the Secretary of
Health, Education, and Welfare,'';
(II) by striking ``, after
consultation with the Secretary and''
and inserting a comma;
(III) by striking ``or V, whichever
is most appropriate'' and inserting ``,
as appropriate''; and
(IV) by striking ``, after
consultation with the Secretary,''; and
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``, after
consultation with the Secretary
of Health, Education, and
Welfare and'';
(bb) by striking ``or V,
whichever is most appropriate''
and inserting ``, as
appropriate''; and
(cc) by striking ``, after
consultation with the
Secretary,'';
(II) in clause (ii), by striking
``or V''; and
(III) in the matter following
clause (ii), by striking ``or V''; and
(E) in paragraph (5), by striking ``Secretary of
Health, Education, and Welfare or the Attorney
General'' and inserting ``Secretary of Health and Human
Services'';
(5) in subsection (e), by striking ``Attorney General''
each place it appears and inserting ``Secretary'';
(6) by striking subsection (f);
(7) by striking subsection (j);
(8) by redesignating subsections (g) through (i) as
subsections (f) through (h), respectively;
(9) in subsection (f), as so redesignated--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary'';
(B) in paragraph (1), by striking ``titles II and
III of the Comprehensive Drug Abuse Prevention and
Control Act (21 U.S.C. 802 et seq.)'' and inserting
``this title and title III of this Act''; and
(C) in paragraph (3)--
(i) by striking ``abuse'' each place it
appears and inserting ``the development of a
substance use disorder''; and
(ii) in subparagraph (C), by striking
``Upon the recommendation of the Secretary of
Health and Human Services, a'' and inserting
``A'';
(10) in subsection (g), as so redesignated--
(A) by striking paragraph (1) and inserting the
following:
``(1) Upon recommendation by the Director of the Office of National
Drug Control Policy, the Secretary may, by order, place a drug or other
substance in schedules E and I, II, III, or IV on a temporary basis as
necessary to avoid an imminent significant threat to public health.
Such drug or other substance may be so placed in schedules E and I, II,
III, or IV without regard to the requirements of subsection (b)
relating to the Secretary of Health and Human Services if the substance
is not listed in any other schedule in section 202 or if no exemption
or approval is in effect for the substance under section 505 of the
Federal Food, Drug, and Cosmetic Act. Such an order may not be issued
before the expiration of 30 days from--
``(A) the date of the publication by the Secretary of a
notice in the Federal Register of the intention to issue such
order and the grounds upon which such order is to be issued,
and
``(B) the date the Director of the Office of National Drug
Control Policy has transmitted the notice required by paragraph
(4).'';
(B) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary''; and
(ii) by adding at the end the following:
``The Director of the Office of National Drug
Control Policy may terminate such order if the
Director finds that the scheduling is no longer
necessary to protect the public health.'';
(C) in paragraph (3)--
(i) by striking ``Attorney General'' and
inserting ``Secretary''; and
(ii) by striking ``paragraphs (4), (5), and
(6) of subsection (c), including actual abuse,
diversion from legitimate channels, and
clandestine importation, manufacture, or
distribution'' and inserting ``paragraphs (3),
(4), (6), (11), and (12) of subsection (c)'';
and
(D) in paragraph (4)--
(i) by striking ``Attorney General shall
transmit notice of an order proposed to be
issued under paragraph (1)'' and inserting
``Director of the Office of National Drug
Control Policy shall transmit notice of a
recommendation of the Director for an order
under paragraph (1)'';
(ii) by striking ``Attorney General shall
take'' and inserting ``Secretary shall take'';
and
(iii) by striking ``Secretary in response''
and inserting ``Director of the Office of
National Drug Control Policy in response''; and
(11) in subsection (h), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' each
place it appears and inserting ``Secretary'';
and
(ii) in subparagraph (B), by striking
``abuse'' and inserting ``the development of a
substance use disorder, nonmedical use,'';
(B) in paragraph (2), by striking ``Attorney
General'' each place it appears and inserting
``Secretary'';
(C) by striking paragraph (3);
(D) by redesignating paragraphs (4) through (6) as
paragraphs (3) through (5), respectively; and
(E) in paragraph (5), as so redesignated, by
striking ``Attorney General'' and inserting
``Secretary''.
SEC. 104. SCHEDULES OF CONTROLLED SUBSTANCES.
Section 202 of the Controlled Substances Act (21 U.S.C. 812) is
amended--
(1) in subsection (a)--
(A) by striking the first sentence and inserting
the following: ``There are established four schedules
of controlled substances, to be known as schedules I,
II, III, and IV, and five additional schedules, to be
known as schedules A, B, C, D, and E.''; and
(B) by striking ``the two-year period beginning one
year after the date of enactment of this title'' and
inserting ``the two-year period beginning on May 24,
2028,'';
(2) by striking subsection (b) and inserting the following:
``(b) Except where control is required by United States obligations
under an international treaty, convention, or protocol, in effect on
the date of enactment of the Public Health and Research Reforms in
Controlled Substances Act of 2026, and except in the case of an
immediate precursor, a drug or other substance may not be placed in any
schedule unless the findings required for such schedule are made with
respect to such drug or other substance. The placement of an immediate
precursor, a drug, or other substance in any of the schedules shall be
made to reasonably balance public health and safety with therapeutic
value. Each drug or other substance placed in a schedule described in
paragraph (1) shall also be placed in a schedule described in paragraph
(2). The findings required for each of the schedules are as follows:
``(1) Schedules for potential risks to users and society.--
``(A) Schedule i.--The drug or other substance
presents a high risk of misuse or development of a
substance use disorder and the consequences of the use
of the drug or other substance pose a particularly high
threat to public health.
``(B) Schedule ii.--The drug or other substance
presents a lower risk of misuse or development of a
substance use disorder than those in schedule I and the
consequences of the use of the drug or other substance
pose a threat to public health less than the
particularly high threat to public health referred to
in subparagraph (A).
``(C) Schedule iii.--The drug or other substance
presents a lower risk of misuse or development of a
substance use disorder than those in schedule II and
the consequences of the use of the drug or other
substance pose a threat to public health less than the
threat to public health referred to in subparagraph
(B).
``(D) Schedule iv.--The drug or substance presents
a risk of misuse or development of a substance use
disorder lower than those in schedule III and the
consequences of the use of the drug or other substance
pose a threat to public health less than the threat to
public health referred to in subparagraph (B).
``(2) Schedules for therapeutic value.--
``(A) Schedule a.--The drug or other substance has
high therapeutic value.
``(B) Schedule b.--The drug or other substance has
moderate therapeutic value.
``(C) Schedule c.--The drug or other substance has
low therapeutic value.
``(D) Schedule d.--The drug or other substance is
of limited therapeutic value.
``(E) Schedule e.--The drug or other substance is
of unknown or has no therapeutic value.''; and
(3) by striking subsection (c) and inserting the following:
``(c)(1) Except as otherwise provided in this subsection, the
Secretary shall reevaluate each drug or other substance placed in a
schedule pursuant to this title, as in effect on the day before the
date of enactment of the Public Health and Research Reforms in
Controlled Substances Act of 2026, to determine whether such drug or
other substance shall--
``(A) be placed in the schedules described in subsection
(b) pursuant to this title; or
``(B) be removed from the schedules under this title.
``(2) Before a drug or other substance is placed in, or removed
from, a schedule under paragraph (1), the Secretary shall publish the
proposed placement or removal in the Federal Register and accept public
comments and provide opportunity for a hearing on the proposed
placement or removal for a period of not less than 60 days.
``(3) Not later than 2 years after the date of enactment of the
Public Health and Research Reforms in Controlled Substances Act of
2026, the Secretary shall conduct the reevaluation described in
paragraph (1) for each of the following:
``(A) Fentanyl.
``(B) Cocaine.
``(C) Amphetamine.
``(D) Methylphenidate.
``(E) Methadone.
``(F) Methamphetamine.
``(G) Phencyclidine.
``(H) Ketamine.
``(I) 3,4-methylenedioxymethylamphetamine.
``(J) Buprenorphine.
``(K) Diazepam.
``(L) Flurazepam.
``(M) Anabolic steroids.
``(N) Lysergic acid diethylamide.
``(O) Psilocybin.
``(P) Psilocin.
``(Q) N,N-dimethyltryptamine.
``(R) 2,5-dimethoxy-4-methylamphetamine.
``(S) 4-Bromo-2,5-dimethoxyphenethylamine.
``(T) Zolpidem.
``(U) Phenobarbital.
``(V) Mescaline.
``(W) Ibogaine.
``(X) Diacetylmorphine.
``(Y) Morphine.
``(Z) Codeine.
``(AA) Oxycodone.
``(BB) Oxymorphone.
``(CC) Hydromorphone.
``(DD) Hydrocodone.
``(EE) Alprazolam.
``(FF) Clonazepam.
``(4)(A) Not later than 8 years after the date of enactment of the
Public Health and Research Reforms in Controlled Substances Act of
2026, the Secretary shall conduct the reevaluation described in
paragraph (1) for each drug or other substance not listed in paragraphs
(3) or (6).
``(B) With respect to each drug or other substance described in
paragraph (1) but not listed in paragraph (3) or (6), the Secretary
shall designate the drug or other substance as--
``(i) a high-priority substance; or
``(ii) a low-priority substance.
``(C) In conducting the reevaluations required by paragraph (1),
the Secretary shall prioritize the reevaluations of high-priority
substances designated under subparagraph (B).
``(D) For the purpose of designating drugs and other substances
under subparagraph (B), not later than 1 year after the date of
enactment of the Public Health and Research Reforms in Controlled
Substances Act of 2026, the Secretary shall establish, by rule, a
process for such designation. Such process shall include--
``(i) the criteria that the Secretary will consider in
making such designations;
``(ii) cost-benefit analysis, where appropriate; and
``(iii) a consideration of the relative potential for the
development of a substance use disorder from the use of each
drug or other substance, its therapeutic value, and its
potential utility for treatment based on animal models or an
application for an investigational new drug under section
505(i) of the Federal Food, Drug, and Cosmetic Act.
``(5) In the case that the Secretary fails to fulfill the
requirements of paragraph (3) or (4)(A) with respect to a drug or other
substance, the drug or other substance shall be placed in schedule I,
II, III, or IV and schedule A, B, C, D, or E as follows:
----------------------------------------------------------------------------------------------------------------
`` Schedule I Schedule II Schedule III Schedule IV
----------------------------------------------------------------------------------------------------------------
Schedule A Fentanyl Amphetamine, its Ketamine Lysergic acid
salts, optical diethylamide
isomers, and salts
of its optical
isomers
.......................... Methylphenidate 3,4-methylenedioxy Psilocybin
methylamphetamine
.......................... Methadone .................... Psilocin
.......................... Hydrocodone .................... Buprenorphine
.......................... Hydromorphone .................... Codeine
.......................... Oxymorphone .................... .....................
.......................... Oxycodone .................... .....................
.......................... Methamphetamine .................... .....................
----------------------------------------------------------------------------------------------------------------
Schedule B Cocaine Alprazolam Diazepam Zolpidem
Diacetylmorphine .................... Ibogaine Any substance in
schedule V of
section 202(c), as
in effect on the day
before the date of
enactment of the
Public Health and
Research Reforms in
Controlled
Substances Act of
2026
Morphine .................... Flurazepam Any substance in
subsection (d) of
schedule III of
section 202(c), as
in effect on the day
before the date of
enactment of the
Public Health and
Research Reforms in
Controlled
Substances Act of
2026
.......................... .................... Phenobarbital .....................
.......................... .................... Clonazepam .....................
----------------------------------------------------------------------------------------------------------------
Schedule C .......................... .................... Anabolic steroids .....................
----------------------------------------------------------------------------------------------------------------
Schedule D .......................... Phencyclidine .................... .....................
----------------------------------------------------------------------------------------------------------------
Schedule E 2 benzylbenzimidazole Any novel analog of Any novel analog of Any substance in
opioid and its salts a schedule II a schedule III subsection (d) of
substance not substance not schedule I of
placed in another placed in another section 202(c), as
schedule, as in schedule, as in in effect on the day
effect on the day effect on the day before the date of
before the date of before the date of enactment of the
enactment of the enactment of the Public Health and
Public Health and Public Health and Research Reforms in
Research Reforms in Research Reforms in Controlled
Controlled Controlled Substances Act of
Substances Act of Substances Act of 2026
2026 2026
Any substance in .................... .................... N, N-
paragraphs (1) or (2) of Dimethyltryptamine
subsection (e) of
schedule I of section
202(c), as in effect on
the day before the date
of enactment of the
Public Health and
Research Reforms in
Controlled Substances Act
of 2026
.......................... .................... .................... 4-Bromo
.......................... .................... .................... 2,5-
dimethoxyphenethylam
ine
.......................... .................... .................... Mescaline
.......................... .................... .................... Peyote
----------------------------------------------------------------------------------------------------------------
``(6) The Secretary shall remove marihuana and
tetrahydrocannabinols from the schedules under this title. The previous
sentence is retroactive and shall apply to any offense committed, case
pending, conviction entered, and, in the case of a juvenile, any
offense committed, case pending, or adjudication of juvenile
delinquency entered before, on, or after the date of enactment of the
Public Health and Research Reforms in Controlled Substances Act of
2026. For the purposes of this title, marihuana and
tetrahydrocannabinols shall each be deemed to be a drug or other
substance that does not meet the requirements for inclusion in any
schedule.
``(7) The Secretary may request the submission from an interested
entity of relevant information concerning a drug or other substance as
necessary to fulfill the requirements of this subsection. Such entity
shall have 60 days to comply with any such request.
``(8) In scheduling or rescheduling a controlled substance analogue
under this section, the Secretary shall--
``(A) place such substance in the same or lesser numerical
schedule as the parent substance; and
``(B) place such substance in schedule E if the therapeutic
value of such analog is not established.''.
SEC. 105. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES.
Section 203(a) of the Controlled Substances Act (21 U.S.C. 813(a))
is amended by striking ``in schedule I'' and inserting the following:
``in--
``(1) whichever of schedules I, II, III, and IV is placed
the drug or other substance from which the controlled substance
analogue is derived, as determined by the Secretary; and
``(2) schedule E.''.
SEC. 106. RULES AND REGULATIONS.
Section 301 of the Controlled Substances Act (21 U.S.C. 821) is
amended to read as follows:
``rules and regulations
``Sec. 301.
``(a) Except with respect to the registration of scientific
investigators under section 302, the Attorney General is authorized to
promulgate rules and regulations and to charge reasonable fees relating
to the registration and control of the manufacture, distribution, and
dispensing of controlled substances and to listed chemicals.
``(b) The Secretary is authorized to promulgate rules and
regulations and to charge reasonable fees relating to the registration
of scientific investigators under section 302.''.
SEC. 107. PERSONS REQUIRED TO REGISTER.
Section 302 of the Controlled Substances Act (21 U.S.C. 822) is
amended--
(1) in subsection (e)(4)--
(A) in subparagraph (A)(ii), by striking ``Attorney
General'' and inserting ``Secretary'';
(B) in subparagraph (B), by striking ``Attorney
General'' and inserting ``Secretary''; and
(C) in subparagraph (C), by striking ``Attorney
General may, in consultation with the Secretary'' and
inserting ``Secretary may, in consultation with the
Attorney General'';
(2) in subsection (f)(2)(A), by striking ``the same
schedule as the first controlled substance, or is in a schedule
with a higher numerical designation'' and inserting ``another
schedule with another numerical or alphabetical designation'';
(3) by striking subsection (h);
(4) by redesignating subsection (i) as subsection (h);
(5) in subsection (h), as so redesignated--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking ``Attorney
General'' and inserting ``Secretary''; and
(ii) in clause (iii), by striking
``Attorney General'' and inserting
``Secretary'';
(B) in paragraph (2)(A)(i), by striking ``Attorney
General'' and inserting ``Secretary''; and
(C) by striking paragraph (3); and
(6) by adding at the end the following:
``(i) Nothing in this section shall be construed to prevent an
institution of higher education from applying for a registration for
the purposes of conducting scientific research.''.
SEC. 108. REGISTRATION REQUIREMENTS.
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is
amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (o) as
subsections (c) through (n), respectively;
(3) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by
striking ``, IV, or V'' and inserting ``or IV''; and
(B) in paragraph (1), by striking ``, IV, or V''
and inserting ``or IV'';
(4) in subsection (e), as so redesignated, by striking ``,
IV, or V'' and inserting ``or IV'';
(5) in subsection (f), as so redesignated--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``The Attorney
General shall register practitioners
(including pharmacies, as distinguished
from pharmacists) to dispense, or
conduct research with,'' and inserting
``The Attorney General shall register
practitioners (including pharmacies, as
distinguished from pharmacists) who are
not scientific investigators to
dispense, and the Secretary shall
register practitioners who are
scientific investigators to conduct
research with,'';
(II) by striking ``II, III, IV, or
V'' and inserting ``I, II, III, or
IV'';
(III) by striking ``and shall
modify'' and inserting ``, and the
Attorney General shall modify'';
(IV) by striking ``Attorney General
may deny'' and inserting ``Attorney
General (or Secretary, as applicable)
may deny''; and
(V) by striking ``Attorney General
determines'' and inserting ``Attorney
General (or Secretary, as applicable)
determines''; and
(ii) in the matter following subparagraph
(E), by striking ``II, III, IV, or V'' and
inserting ``I, II, III, or IV'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(6) in subsection (g), as so redesignated, by striking
``III, IV, or V'' and inserting ``II, III, or IV'';
(7) in subsection (i), by striking ``(e)'' and inserting
``(d)'';
(8) in subsection (j), as so redesignated--
(A) in paragraph (1)--
(i) in the matter preceding paragraph (A),
by striking ``II, III, IV, or V'' and inserting
``I, II, III, or IV''; and
(ii) in subparagraph (B), by striking
``(g)'' and inserting ``(f)'';
(B) in paragraph (3), by striking ``(g)'' and
inserting ``(f)'';
(C) in paragraph (4), by striking ``II, III, IV, or
V'' and inserting ``I, II, III, or IV''; and
(D) in paragraph (13)--
(i) in subparagraph (H), by striking
``(g)'' and inserting ``(f)'';
(ii) in subparagraph (J)(ii), by striking
``(g)'' and inserting ``(f)''; and
(iii) in subparagraph (K), by striking
``(g)'' and inserting ``(f)'';
(9) in subsection (l), as so redesignated--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``II, III, IV, or
V'' and inserting ``I, II, III, or
IV''; and
(II) by inserting ``and Secretary''
after ``Attorney General''; and
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``II, III,
IV, or V'' and inserting ``I, II, III, or IV'';
(B) in paragraph (2)(A), by inserting ``and
Secretary'' after ``Attorney General''; and
(C) in paragraph (3)(B), by striking ``II, III, IV,
or V'' and inserting ``I, II, III, or IV'';
(10) in subsection (m), as so redesignated--
(A) by striking the subsection heading and
inserting the following: ``Special Provisions for
Continuity of Research for Newly Scheduled
Substances'';
(B) in paragraph (1)--
(i) by striking ``schedule I'' and
inserting ``scheduled substances''; and
(ii) by striking ``subparagraph (A) or (B)
of'';
(C) by striking paragraph (3) and inserting the
following:
``(3) Expedited procedures for researcher without a current
research registration.--
``(A) In general.--Subject to subsection (C), a
practitioner who is a scientific investigator may
conduct research under this subsection on and after the
date that is 45 days after the date on which the
practitioner sends a notice to the Secretary containing
the following information, with respect to each
substance with which the practitioner will conduct
research:
``(i) The chemical name of the substance.
``(ii) The quantity of the substance to be
used in the research.
``(iii) Demonstration that the research is
in the category described in paragraph (2),
which demonstration may be satisfied--
``(I) in the case of a grant,
contract, cooperative agreement, other
transaction, or intramural research
project, by identifying the sponsoring
agency and supplying the number of the
grant, contract, cooperative agreement,
other transaction, or project; or
``(II) in the case of an
application under section 505(i) of the
Federal Food, Drug, and Cosmetic Act,
by supplying the application number and
the sponsor of record on the
application.
``(iv) Demonstration that the researcher is
authorized to conduct research with respect to
the substance under the laws of the State in
which the research will take place.
``(B) Secretary action.--The Secretary shall--
``(i) treat notice received under
subparagraph (A) as a sufficient application
for a research registration; and
``(ii) not later than 45 days of receiving
such a notice that contains all information
required under subparagraph (A)--
``(I) register the applicant; or
``(II) serve an order to show cause
upon the applicant in accordance with
section 304(c).
``(C) Research with limited amounts for pilot
studies.--
``(i) In general.--The Secretary shall
establish, within the National Institute on
Drug Abuse, a process for expedited approval of
a registration under this paragraph for well-
qualified persons seeking to conduct
preclinical, nonhuman research described in
paragraph (2) with 1 or more scheduled
substances--
``(I) using only a limited amount
of such substances (as the Secretary
may determine appropriate); and
``(II) consisting of only a single
set of experiments (as determined by
the Secretary).
``(ii) Description of storage.--To be
eligible for expedited approval under this
subparagraph, a person shall submit to the
Secretary a description of how the person will
store the scheduled substances referred to in
clause (i). The Secretary shall establish
guidelines for storage and recordkeeping
requirements that may be less stringent than
guidelines for storage and recordkeeping
requirements with respect to other controlled
substance registrations.
``(iii) Timeline.--The Secretary shall
approve or deny a request that is eligible for
expedited approval under this subparagraph not
later than 15 days after the Secretary receives
such request.
``(iv) Provision by national institute on
drug abuse.--The Secretary, acting through the
Director of the National Institute on Drug
Abuse, shall provide to a person whose
registration is approved under this
subparagraph the amounts of substances
necessary to conduct the research for which the
registration was approved.'';
(D) in paragraph (4), by striking ``Attorney
General'' and inserting ``Secretary''; and
(E) in paragraph (5)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``a schedule I''
and inserting ``the scheduled''; and
(II) by striking ``of schedule I''
and inserting ``such''; and
(ii) in subparagraph (A), by striking
``Attorney General'' and inserting
``Secretary''; and
(11) in subsection (n), as so redesignated--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``Attorney General'' each
place it appears and inserting ``Secretary'';
and
(ii) by striking ``Drug Enforcement
Administration'' and inserting ``Department of
Health and Human Services''; and
(B) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary''.
SEC. 109. DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION.
Section 304 of the Controlled Substances Act (21 U.S.C. 824) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting after ``Attorney General'' the following:
``(or with respect to a practitioner who is a scientific
investigator, the Secretary)''; and
(2) in subsections (b) through (h), by inserting after
``Attorney General'' each place it appears the following: ``(or
Secretary, as applicable)''.
SEC. 110. QUOTAS APPLICABLE TO CERTAIN SUBSTANCES.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is
amended--
(1) in subsections (a) through (f), by striking ``Attorney
General'' each place it appears and inserting ``Secretary'';
(2) in subsection (h)(1)--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary''; and
(B) in subparagraph (B)(ii)--
(i) by inserting ``to the public'' after
``written response''; and
(ii) by striking ``Attorney General's'' and
inserting ``Secretary's''; and
(3) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``Attorney General by regulation'' and
inserting ``Secretary by regulation'';
(ii) in subparagraph (B)(i), by inserting
``and the Director of the Office of National
Drug Control Policy'' after ``Secretary of
Health and Human Services''; and
(iii) in subparagraph (C)--
(I) by striking ``Attorney
General'' each place it appears and
inserting ``Secretary''; and
(II) by striking ``reductions'' and
inserting ``alterations'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``Attorney General, in consultation with the
Secretary of Health and Human Services'' and
inserting ``Secretary, in consultation with the
Attorney General''; and
(ii) in subparagraph (B), by striking
``Attorney General'' and inserting
``Secretary''; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``Attorney General'' each
place it appears and inserting ``Secretary'';
and
(ii) in subparagraph (B), by striking
``Secretary of Health and Human Services'' and
inserting ``Attorney General''.
SEC. 111. RECORDS AND REPORTS OF REGISTRANTS.
Section 307 of the Controlled Substances Act (21 U.S.C. 827) is
amended--
(1) in subsection (a)(2), by striking ``Attorney General''
and inserting ``Secretary''; and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``II, III, IV,
or V'' and inserting ``I, II, III, or IV''; and
(B) in subparagraph (B), by striking ``II, III, IV,
or V'' and inserting ``I, II, III, or IV''.
SEC. 112. ORDER FORMS.
Section 308(d) of the Controlled Substances Act (21 U.S.C. 828(d))
is amended--
(1) in paragraph (1)--
(A) by striking ``The Attorney General shall
issue'' and inserting ``With respect to scientific
investigators conducting research with a controlled
substance, the Secretary, and with respect to any other
person, the Attorney General, shall issue''; and
(B) by striking ``the Attorney General shall,
before'' and inserting ``the Secretary or Attorney
General, as applicable, shall, before''; and
(2) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary or Attorney General, as applicable,''.
SEC. 113. PRESCRIPTIONS.
Section 309 of the Controlled Substances Act (21 U.S.C. 829) is
amended--
(1) in subsection (a), by striking ``schedule II'' each
place it appears and inserting ``schedule I or II'';
(2) by striking subsection (c);
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively;
(4) in subsection (c), as so redesignated, by striking
``abuse potential'' and inserting ``potential for the
development of a substance use disorder''; and
(5) in subsection (e), as so redesignated--
(A) in the subsection heading, by striking
``Schedule II'' and inserting ``Schedule I or II''; and
(B) by striking ``schedule II'' each place it
appears and inserting ``schedule I or II''.
SEC. 114. PROHIBITED ACTS A--PENALTIES.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A), (B), and
(D);
(ii) by redesignating subparagraphs (C) and
(E) as subparagraphs (A) and (B), respectively;
(iii) in subparagraph (A), as so
redesignated--
(I) by striking ``, except as
provided in subparagraphs (A), (B), and
(D)'';
(II) by striking ``less than twenty
years or'';
(III) by striking ``$1,000,000''
and inserting ``$10,000,000'';
(IV) by striking ``$5,000,000'' and
inserting ``$50,000,000'';
(V) by striking ``prior conviction
for a felony drug offense'' and
inserting ``prior conviction for a
serious drug felony'';
(VI) by striking ``if death or
serious bodily injury results from the
use of such substance shall be
sentenced to life imprisonment'' and
inserting ``if death or serious bodily
injury results from the use of such
substance shall be sentenced to not
more than life imprisonment'';
(VII) by striking ``$2,000,000''
and inserting ``$20,000,000'';
(VIII) by striking ``is an
individual or $10,000,000'' and
inserting ``is an individual or
$75,000,000''; and
(IX) by striking the last sentence;
and
(iv) in subparagraph (B), as so
redesignated--
(I) in clause (i)--
(aa) by striking ``Except
as provided in subparagraphs
(C) and (D), in'' and inserting
``In'';
(bb) by striking
``$500,000'' and inserting
``$5,000,000''; and
(cc) by striking
``$2,500,000'' and inserting
``$25,000,000''; and
(II) in clause (ii)--
(aa) by striking
``$1,000,000'' and inserting
``$10,000,000''; and
(bb) by striking
``$5,000,000'' and inserting
``$50,000,000'';
(B) in paragraph (2)--
(i) by striking ``$250,000'' and inserting
``$5,000,000'';
(ii) by striking ``$1,000,000'' and
inserting ``$25,000,000'';
(iii) by striking ``$500,000'' and
inserting ``$10,000,000''; and
(iv) by striking ``$2,000,000'' and
inserting ``$50,000,000'';
(C) by striking paragraphs (3) and (4);
(D) by redesignating paragraphs (5) through (7) as
paragraphs (3) through (5), respectively;
(E) in paragraph (3), as so redesignated--
(i) in subparagraph (C), by striking
``$500,000'' and inserting ``$5,000,000''; and
(ii) in subparagraph (D), by striking
``$1,000,000'' and inserting ``$25,000,000'';
(F) in paragraph (4), as so redesignated, by
striking ``in accordance with title 18, United States
Code,'' and inserting ``an amount not to exceed the
amount authorized in accordance with title 18, United
Stated Code, $5,000,000 if the defendant is an
individual, or $25,000,000 if the defendant is not an
individual,''; and
(G) in paragraph (5), as so redesignated--
(i) by amending the paragraph heading to
read as follows: ``Distribution to facilitate a
crime of violence'';
(ii) by striking ``section 16 of title 18''
and inserting ``section 16(a) of title 18,
United States Code''; and
(iii) by striking ``shall be imprisoned not
more than 20 years and fined in accordance with
title 18, United States Code'' and inserting
``shall be fined an amount not to exceed the
amount authorized in accordance with title 18,
United States Code, $5,000,000 if the defendant
is an individual, or $25,000,000 if the
defendant is not an individual, imprisoned not
more than 20 years, or both''; and
(2) by adding at the end the following:
``(i) Prior Schedule V Substances.--
``(1) In general.--Notwithstanding any other provision of
this title or other Federal law, no person shall be subject to
a sentence for an offense under this section or section 1010
with respect to a prior schedule V substance that is greater
than the maximum sentence which was applicable on the day
before the date of enactment of the Public Health and Research
Reforms in Controlled Substances Act of 2026.
``(2) Prior schedule v substance described.--In this
subsection, the term `prior schedule V substance' means a drug
or other substance in schedule V on the day before the date of
enactment of the Public Health and Research Reforms in
Controlled Substances Act of 2026.''.
SEC. 115. PROHIBITED ACTS B--PENALTIES.
Section 402(c)(2)(B) of the Controlled Substances Act (21 U.S.C.
842(c)(2)(B)) is amended by striking ``, marihuana,''.
SEC. 116. PROHIBITED ACTS C--PENALTIES.
Section 403(d)(1) of the Controlled Substances Act (21 U.S.C.
843(d)(1)) is amended by striking ``, marihuana,''.
SEC. 117. DISTRIBUTION TO PERSONS UNDER AGE TWENTY-ONE.
Section 418(a) of the Controlled Substances Act (21 U.S.C. 859(a))
is amended by striking the last sentence.
SEC. 118. DISTRIBUTION IN OR NEAR SCHOOLS.
Section 419(a) of the Controlled Substances Act (21 U.S.C. 860(a))
is amended by striking the last sentence.
SEC. 119. DENIAL OF FEDERAL BENEFITS TO DRUG TRAFFICKERS AND
POSSESSORS.
Section 421 of the Controlled Substances Act (21 U.S.C. 862) is
amended by striking ``an addict'' each place it appears and inserting
``a person with a substance use disorder''.
SEC. 120. DRUG PARAPHERNALIA.
Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d))
is amended--
(1) in the matter preceding paragraph (1), by striking
``marijuana,''; and
(2) in paragraph (5), by striking ``, such as a marihuana
cigarette,''.
SEC. 121. ADMINISTRATIVE HEARINGS.
Section 505(a) of the Controlled Substances Act (21 U.S.C. 875(a))
is amended--
(1) by striking ``his'' and inserting ``their''; and
(2) by inserting ``and Secretary of Health and Human
Services'' after ``Attorney General''.
SEC. 122. JUDICIAL REVIEW.
Section 507 of the Controlled Substances Act (21 U.S.C. 877) is
amended by inserting ``or Secretary of Health and Human Services''
after ``Attorney General'' each place it appears.
TITLE II--AMENDMENTS TO CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT
SEC. 201. EXPORTATION OF CONTROLLED SUBSTANCES.
Section 1003(e) of the Controlled Substances Import and Export Act
(21 U.S.C. 953(e)) is amended--
(1) in the matter preceding paragraph (1), by striking ``or
any controlled substances in schedule V''; and
(2) in paragraph (3), by striking ``or V''.
SEC. 202. EXEMPTION AUTHORITY.
Section 1006 of the Controlled Substances Import and Export Act (21
U.S.C. 956) is amended--
(1) in subsection (a), by striking ``(except a substance in
schedule I)'' each place it appears; and
(2) in subsection (b), by striking ``or V''.
SEC. 203. REGISTRATION REQUIREMENTS.
Section 1008(c)(1) of the Controlled Substances Import and Export
Act (21 U.S.C. 958(c)(1)) is amended by striking ``, IV, or V'' and
inserting ``or IV''.
SEC. 204. PROHIBITED ACTS A--PENALTIES.
Section 1010 of the Controlled Substances Import and Export Act (21
U.S.C. 960) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (1), (2), (4), and (7);
(B) by redesignating paragraphs (3), (5), and (6)
as paragraphs (1) through (3), respectively; and
(C) in paragraph (1), as so redesignated--
(i) by striking ``, except as provided in
paragraphs (1), (2), and (4)'';
(ii) by striking ``if death or serious
bodily injury results from the use of such
substance shall be sentenced to a term of
imprisonment of not less than twenty years and
not more than life'' and inserting ``if death
or serious bodily injury results from the use
of such substance shall be sentenced to a term
of imprisonment of not more than life'';
(iii) by striking ``$1,000,000'' and
inserting ``$10,000,000'';
(iv) by striking ``$5,000,000'' and
inserting ``$50,000,000'';
(v) by striking ``prior conviction for a
felony drug offense'' and inserting ``prior
conviction for a serious drug felony'';
(vi) by striking ``if death or serious
bodily injury results from the use of such
substance shall be sentenced to life
imprisonment'' and inserting ``if death or
serious bodily injury results from the use of
such substance shall be sentenced to a term of
imprisonment of not more than life'';
(vii) by striking ``$2,000,000'' and
inserting ``$20,000,000'';
(viii) by striking ``$10,000,000 if the
defendant is other than an individual'' and
inserting ``$75,000,000 if the defendant is
other than an individual''; and
(ix) by striking the last sentence;
(2) by striking subsection (c);
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c), as so redesignated--
(A) in paragraph (7), by striking ``section 959 of
this title.'' and inserting ``section 1009,''; and
(B) in the matter following paragraph (7), by
striking ``fined in accordance with title 18'' and
inserting ``fined an amount not to exceed the amount
authorized in accordance with title 18, United States
Code, $5,000,000 if the defendant is an individual, or
$25,000,000 if the defendant is not an individual,''.
TITLE III--AMENDMENTS TO OFFICE OF NATIONAL DRUG CONTROL POLICY
REAUTHORIZATION ACT OF 1998
SEC. 301. DEFINITIONS.
Section 702 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1701) is amended--
(1) by redesignating paragraph (3) through (17) as
paragraphs (4) through (8) and (12) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Covered drug-related threat.--The term `covered drug-
related threat' means any substance-related or drug-market
development that may warrant coordinated Federal monitoring or
response, including a threat involving a new chemical entity,
known chemical entity, class, combination, adulterant,
contaminant, precursor, formulation, manufacturing or
trafficking practice, route of administration, or pattern of
use or exposure.'';
(3) by striking paragraph (8), as so redesignated, and
inserting the following:
``(7) Evolving or emerging drug threat.--The term `evolving
or emerging drug threat' means a new, growing, changing,
geographically expanding, increasing in severity, or otherwise
material threat to public health or public safety involving a
drug, class, combination, adulterant, contaminant, precursor
chemical, formulation, method of manufacture, distribution,
marketing, administration, use, co-use, or pattern of
exposure.''; and
(4) by inserting after paragraph (8), as so redesignated,
the following:
``(9) Federal classification.--The term `Federal
classification' means a classification issued under section
709(c) identifying a covered drug-related threat as a threat
being monitored, a threat of interest, a threat of concern, or
a threat of high consequence.
``(10) Federal designation.--The term `Federal designation'
means a designation by the Director under section 709(d) that a
covered drug-related threat constitutes an evolving or emerging
drug threat in the United States.
``(11) Federal criteria.--The term `Federal criteria' means
the criteria, metrics, standards, and procedures established
under section 709(b)(6).''.
SEC. 302. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR.
Section 704(b) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1703(b)) is amended--
(1) by striking paragraph (12); and
(2) by redesignating paragraphs (14) through (16) and (18)
through (21) as paragraphs (12) through (18), respectively.
SEC. 303. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF
NATIONAL DRUG CONTROL STRATEGY.
Section 706(a)(2) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(a)(2)) is amended by adding
at the end the following: ``Such Strategy shall identify
classifications, designations, agency compliance, missed deadlines,
resource constraints, funding, data gaps, and corrective actions.''.
SEC. 304. FEDERAL EVOLVING OR EMERGING DRUG THREAT CLASSIFICATION AND
RESPONSE SYSTEM; MEDIA CAMPAIGN.
Section 709 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1708) is amended--
(1) by striking the section heading and inserting ``federal
evolving or emerging drug threat classification and response
system; media campaign'';
(2) in subsection (a), after the first sentence, by
inserting the following: ``The Coordinator shall administer the
Federal classification system established under subsection (c),
coordinate preparation and implementation of Emerging Threat
Response Plans, facilitate interagency information sharing, and
monitor adherence to actions and deadlines established under
this section.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) identify, assess, and recommend Federal
classifications and Federal designations for covered
drug-related threats using the Federal criteria
required under paragraph (6);'';
(ii) in subparagraph (C), by striking
``(d)'' and inserting ``(f)'';
(iii) in subparagraph (D), by striking
``and'' at the end;
(iv) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(F) coordinate collection, validation,
integration, and dissemination of public-health,
scientific, regulatory, intelligence, enforcement,
treatment, prevention, and supply-chain information;
``(G) identify gaps in surveillance, toxicology,
laboratory testing, epidemiology, clinical guidance,
research, treatment, prevention, enforcement, and
regulatory capacity; and
``(H) recommend lead and supporting agencies for
actions under this section.'';
(B) in paragraph (3), by striking subparagraphs (A)
through (C) and inserting the following:
``(A) senior representatives of the Office,
Department of Justice, Drug Enforcement Administration,
Department of Health and Human Services, Centers for
Disease Control and Prevention, Food and Drug
Administration, National Institutes of Health,
Substance Abuse and Mental Health Services
Administration, Centers for Medicare & Medicaid
Services, Department of Homeland Security, U.S. Customs
and Border Protection, Department of State, Department
of Defense, Department of Veterans Affairs, Indian
Health Service, and such other agencies as the Director
determines appropriate;
``(B) representatives of State, local, Tribal, and
territorial governments; and
``(C) representatives of poison control centers,
medical examiner and coroner systems, forensic
laboratories, health systems, academic institutions,
nonprofit organizations that primarily serve impacted
populations, and other entities with relevant
expertise.'';
(C) in paragraph (4)--
(i) by striking ``calendar year, before
June 1'' and inserting ``quarter''; and
(ii) by adding at the end the following:
``Members may participate in meetings through
secure electronic means.''; and
(D) by striking paragraph (6) and inserting the
following:
``(6) Federal criteria and procedures.--
``(A) In general.--The Director, acting through the
Committee and in consultation with relevant Federal
agencies, shall establish, publish, and periodically
update Federal criteria and procedures for--
``(i) identifying and monitoring covered
drug-related threats;
``(ii) assigning, elevating, reducing, or
removing Federal classifications;
``(iii) making or terminating Federal
designations; and
``(iv) conducting expedited review of
urgent threats.
``(B) Required components.--The Federal criteria
and procedures described in subparagraph (A) shall
require consideration, as applicable, of--
``(i) fatal and nonfatal overdoses;
``(ii) poisonings;
``(iii) emergency medical services
encounters;
``(iv) emergency department visits;
``(v) hospitalizations;
``(vi) clinical illness;
``(vii) prevalence of use and substance use
disorder;
``(viii) treatment admissions;
``(ix) drug seizures;
``(x) forensic identifications;
``(xi) potency;
``(xii) price;
``(xiii) availability;
``(xiv) geographic spread;
``(xv) pharmacology and toxicology;
``(xvi) dependence potential;
``(xvii) adulteration;
``(xviii) chemical conversion;
``(xix) manufacturing and formulation
changes;
``(xx) youth and vulnerable-population
exposure; and
``(xxi) other relevant public-health or
public-safety evidence.
``(C) Increase of threshold percentage.--An
increase by a threshold percentage (as determined by
the Director) or more during an appropriate 12-month
period in one or more designated measures, occurring in
at least 3 of the 4 census regions (as in effect on the
date of enactment of the Public Health and Research
Reforms in Controlled Substances Act of 2026), shall
require review by the Emerging Threats Committee for
Federal classification or Federal designation.
``(D) No required threshold for federal action.--
The Director has the authority to make an individual
determination that no numerical, temporal, or
geographic threshold shall be required where credible
evidence (as the Director shall define and make
publicly available) demonstrates that severity,
potency, speed of spread, novelty, concealment, impact
on a particular population, or lack of detection or
treatment capacity warrants Federal action without
meeting the requirements set forth in the Federal
criteria and procedures described in subparagraph (A).
``(E) Public comment; interim criteria.--Before
finalizing or materially revising the Federal criteria
and procedures described in subparagraph (A), the
Director shall provide an opportunity for public
comment and appropriate scientific, public-health,
regulatory, and law-enforcement review, except that
interim criteria may be issued for not more than 180
days to address an urgent threat.'';
(4) by redesignating subsections (c) through (g) as
subsections (d), (f) through (h), and (n), respectively;
(5) by inserting after subsection (b) the following:
``(c) Federal Classification System.--
``(1) Authority.--The Director, in consultation with the
Coordinator, Committee, and the heads of relevant National Drug
Control Program agencies, may assign a Federal classification
to a covered drug-related threat, as follows:
``(A) Threat being monitored.--A covered drug-
related threat for which there is a potential or
documented risk of harm, but available information is
limited, preliminary, geographically restricted, or
insufficient to determine likely scope or severity. The
Director shall require, as appropriate, enhanced
surveillance, identification of data gaps, designation
of a lead analytical agency, and criteria for elevation
or removal.
``(B) Threat of interest.--A covered drug-related
threat associated with developing evidence of overdose,
poisoning, toxicity, dependence, morbidity, mortality,
interaction with other substances, or other material
harm, where national extent or causation remains
uncertain. The Director shall require, as appropriate,
a preliminary interagency assessment, priority research
and testing, consultation with State and local
partners, and measurable indicators for possible
elevation.
``(C) Threat of concern.--
``(i) In general.--A covered drug-related
threat for which clear and convincing evidence
demonstrates at least 2 of the following:
``(I) Increasing prevalence.
``(II) Increasing morbidity and
mortality.
``(III) Geographic expansion.
``(IV) Increased clinical
encounters.
``(V) Increased treatment demand.
``(VI) Increased availability or
seizures.
``(VII) Meaningful effects within a
particular population.
``(ii) Requirements.--The Director shall
require, as appropriate, a formal interagency
assessment (which may include conducting or
supporting a study), standardized detection,
clinical and public-health guidance, prevention
and treatment planning, supply and enforcement
analysis, and consideration of formal
designation.
``(D) Threat of high consequence.--A covered drug-
related threat having, or presenting a substantial risk
of, a major, rapidly escalating, severe, or sustained
effect on overdose, addiction, morbidity, health-system
utilization, public safety, community well-being, or
quality of life. The Director shall require, as
appropriate, an emergency Committee meeting, an interim
whole-of-government action memorandum within 30 days,
identification of immediately available authorities and
resources, and formal designation unless the Director
publishes reasons for declining designation.
``(2) Written determination and review.--Each
classification or reclassification pursuant to this subsection
shall be supported by a written determination identifying the
evidence considered, material data limitations, required
actions, responsible agencies, review date, and conditions for
elevation, reduction, or removal. Threats being monitored or of
interest shall be reviewed at least once every 6 months, and
threats of concern or high consequence shall be reviewed at
least once every 90 days.'';
(6) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``an emerging
drug threat'' and inserting ``a covered drug-related
threat as an evolving or emerging drug threat'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Scope.--A designation under paragraph (1) may apply
with respect to a substance, class, combination, mixture,
adulterant, contaminant, precursor chemical, formulation,
method of manufacture or administration, trafficking or
marketing practice, or pattern of use or exposure.'';
(7) by inserting after subsection (d), as so redesignated,
the following:
``(e) Government-Wide Effect and Uniformity.--
``(1) Exclusive formal system.--Notwithstanding any other
provision of law, the system established under this section
shall be the exclusive mechanism for issuing a formal,
government-wide Federal classification or designation of an
evolving or emerging drug threat.
``(2) Controlling effect.--A Federal classification or
Federal designation issued under this section shall control for
Federal interagency terminology, identification of the official
Federal threat level, interagency planning, response
priorities, National Drug Control Program budget submissions,
implementation reporting, performance measurement, and
coordinated government-wide public communications.
``(3) Agency referral.--A Federal agency identifying a
covered drug-related threat that may warrant coordinated
government-wide action shall promptly refer the matter and
supporting information to the Director.
``(4) Agency-specific products.--A Federal agency may issue
an intelligence assessment, scientific evaluation, public-
health advisory, regulatory notice, enforcement alert, or other
agency-specific product describing a substance or trend as
emerging or threatening, but may not represent that product as
the formal government-wide Federal classification or
designation unless issued under this section.
``(5) Nonpreemption.--Nothing in this section shall be
construed to preempt any law, action, or authority of a State,
a territory, a political subdivision of a State or territory,
the District of Columbia, or an Indian Tribe.'';
(8) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``(c)'' and
inserting ``(d)'';
(B) in paragraph (2), by striking ``(c)(3)'' and
inserting ``(d)(3)'';
(C) in paragraph (3)--
(i) in subparagraph (E)--
(I) by striking ``(f)'' and
inserting ``(h)''; and
(II) by striking ``and'' at the
end;
(ii) by redesignating subparagraph (F) as
subparagraph (G); and
(iii) by inserting after subparagraph (E)
the following:
``(F) additional measures, including descriptions
of--
``(i) agency-specific assignments, lead and
supporting agencies, and completion deadlines;
``(ii) data-sharing requirements and
procedures for resolving material data
conflicts;
``(iii) testing, toxicology, reference
standards, and laboratory capacity;
``(iv) epidemiology, surveillance,
prevention, treatment, recovery, clinical
guidance, source and supply intelligence,
interdiction, regulatory and scheduling
options, and research;
``(v) legal, scientific, workforce,
appropriations, and operational barriers;
``(vi) procedures for monitoring adherence,
missed deadlines, and corrective action; and
``(vii) criteria for updating or
terminating the plan; and'';
(D) in paragraph (4)--
(i) in subparagraph (A), by striking
``(c)'' and inserting ``(d)''; and
(ii) in subparagraph (C), by striking
``(c)'' and inserting ``(d)''; and
(E) by adding at the end the following:
``(5) Requirements of officials and agencies.--A Federal
official or agency shall complete all actions required of such
official or agency in an Emerging Threat Response Plan under
this subsection. If a Federal official or agency is unable to
complete such an action, the Federal official or agency shall,
not later than 15 days before the deadline required under such
Plan, submit to the Director a written explanation explaining
the inability.''; and
(9) by inserting after subsection (h), as so redesignated,
the following:
``(i) Information Sharing and Public Dashboard.--
``(1) Information sharing.--In carrying out this section,
the Director shall facilitate timely information sharing,
subject to privacy, civil-liberties, law-enforcement-sensitive,
proprietary, and national-security protections.
``(2) Public dashboard.--The Director shall maintain a
public dashboard identifying each current Federal
classification and Federal designation, its basis, known
distribution, data limitations, lead agencies, required
actions, review date, and response-plan status. Sensitive
information may be maintained in a nonpublic annex to such
public dashboard.
``(j) Requests for Prioritization.--Upon classification of a threat
of interest, concern, or high consequence, the Director may request
that relevant agencies prioritize research, testing, surveillance,
clinical guidance, reference standards, and other necessary activities.
``(k) Reduction, Termination, and Continued Monitoring.--
``(1) Reduction, termination.--The Director may reduce a
Federal classification or terminate a Federal designation under
this section if the Committee submits to the Director a report
that such classification or designation is no longer warranted.
``(2) Continued monitoring.--A threat reduced or terminated
under paragraph (1) shall remain subject to monitoring for at
least 1 year unless the Director determines that such continued
monitoring is unnecessary.
``(l) Rule of Construction.--A Federal classification or Federal
designation under this section shall not be construed to schedule a
substance, establish criminal liability, determine any Food and Drug
Administration regulatory status, create a private right of action, or
authorize the Office to compel a decision committed by law to another
Federal agency.
``(m) Emerging Drug Threat Rapid Response Fund.--
``(1) Establishment.--There is established in the Treasury
an Emerging Drug Threat Rapid Response Fund (in this subsection
referred to as the `Fund').
``(2) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 into the Fund, to remain
available until expended.
``(3) Grants.--The Director may, in consultation with the
Coordinator and the heads of relevant Federal agencies, using
amounts in the Fund, make grants for the purpose of assisting
in the research and rapid response measures inserted or added
into this section by the Public Health and Research Reforms in
Controlled Substances Act of 2026.''.
TITLE IV--MARIJUANA DESCHEDULING
SEC. 401. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) 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--
(1) in section 15002(a) (16 U.S.C. 559b(a)) by striking
``marijuana and other'';
(2) in section 15003(2) (16 U.S.C. 559c(2)) by striking
``marijuana and other''; and
(3) in section 15004(2) (16 U.S.C. 559d(2)) by striking
``marijuana and other''.
(b) Interception of Communications.--Section 2516 of title 18,
United States Code, is amended--
(1) in subsection (1)(e), by striking ``, marihuana,''; and
(2) in subsection (2) by striking ``, marihuana''.
(c) FMCSA Provisions.--
(1) Conforming amendment.--Section 31301(5) of title 49,
United States Code, is amended by striking ``section 31306,''
and inserting ``sections 31306, 31306a, and subsections (b) and
(c) of section 31310,''.
(2) Definition.--Section 31306(a) of title 49, United
States Code, is amended--
(A) by striking ``means any substance'' and
inserting the following: ``means--
``(A) any substance''; and
(B) by striking the period at the end and inserting
``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and specified by the Secretary of
Transportation.''.
(3) Disqualifications.--Section 31310(b) of title 49,
United States Code, is amended by adding at the end the
following:
``(3) In this subsection and subsection (c), the term `controlled
substance' has the meaning given such term in section 31306(a).''.
(d) FAA Provisions.--Section 45101 of title 49, United States Code,
is amended--
(1) by striking ``means any substance'' and inserting the
following: ``means--
``(A) any substance''; and
(2) by striking the period at the end and inserting ``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and specified by the Secretary of
Transportation.''.
(e) FRA Provisions.--Section 20140(a) of title 49, United States
Code, is amended--
(1) by striking ``means any substance'' and inserting the
following: ``means--
``(A) any substance''; and
(2) by striking the period at the end and inserting ``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and specified by the Secretary of
Transportation.''.
(f) FTA Provisions.--Section 5331(a)(1) of title 49, United States
Code, is amended--
(1) by striking ``means any substance'' and inserting the
following: ``means--
``(A) any substance''; and
(2) by striking the period at the end and inserting ``; and
``(B) any substance not covered under subparagraph
(A) that was a substance under such section as of
December 1, 2018, and whose use the Secretary of
Transportation decides has a risk to transportation
safety.''.
SEC. 402. EFFECT ON OTHER LAW.
Nothing in title I or this title relating to marihuana or
tetrahydrocannabinols (including any amendments made by such titles)
shall affect or modify--
(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.);
(2) section 351 of the Public Health Service Act (42 U.S.C.
262); or
(3) the authority of the Commissioner of Food and Drugs and
the Secretary of Health and Human Services--
(A) under--
(i) the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.); or
(ii) section 351 of the Public Health
Service Act (42 U.S.C. 262); or
(B) to promulgate Federal regulations and
guidelines that relate to products containing cannabis
or cannabis-derived compounds under the Act described
in paragraph (1) or the section described in paragraph
(2).
SEC. 403. PUBLIC MEETINGS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall hold not fewer than 3 public meetings to
address the regulation, safety, manufacturing, product quality,
marketing, labeling, and sale of products containing cannabis or
cannabis-derived compounds.
SEC. 404. SPECIAL RULE FOR FEDERAL EMPLOYEE TESTING.
Section 503 of the Supplemental Appropriations Act, 1987 (Public
Law 100-71; 5 U.S.C. 7301 note) is amended by adding at the end the
following:
``(h) Marijuana.--
``(1) Continued testing.--Notwithstanding the Public Health
and Research Reforms in Controlled Substances Act of 2026 and
the amendments made thereby, the Secretary of Health and Human
Services may continue to include marijuana for purposes of drug
testing of Federal employees subject to this section, Executive
Order 12564, or other applicable Federal laws and orders.
``(2) Definition.--The term `marijuana' has the meaning
given to the term `marihuana' in section 102 of the Controlled
Substances Act (21 6 U.S.C. 802).''.
TITLE V--REVISION OF UNITED STATES SENTENCING GUIDELINES
SEC. 501. REVISION OF UNITED STATES SENTENCING GUIDELINES REGARDING
SENTENCING FOR DRUG OFFENSES.
(a) Guidelines.--During the period described in subsection (b),
pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall review and amend
Federal sentencing guidelines, including section 2D1.1 (relating to
unlawful manufacturing, importing, exporting, or trafficking (including
possession with intent to commit these offenses); attempt or
conspiracy) of the United States Sentencing Guidelines Manual, to be
consistent with the amendments made by this Act.
(b) Period Described.--The period described in this subsection is--
(1) not later than 180 days after the date on which a
substance is rescheduled, in the case of any substance
rescheduled pursuant to this Act, or the amendments made by
this Act, during the 3-year period beginning after the date of
enactment of this Act; or
(2) not later than 180 days after the date of enactment of
this Act in every other case.
(c) Emergency Authority.--The United States Sentencing Commission
shall carry out this section in accordance with the procedure set forth
in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as
though the authority under that Act had not expired.
SEC. 502. RESENTENCING.
(a) Motion.--In the case of a defendant who has been sentenced for
a criminal offense for which the penalties have been reduced by this
Act, or amendments made by this Act, the court may, upon motion of the
defendant, the Director of the Bureau of Prisons, the attorney for the
Government, or the court, impose a reduced sentence as if this Act, and
the amendments made by this Act, were in effect at the time the offense
was committed.
(b) BOP Resentencing List.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall--
(A) produce a list of individuals in the custody or
under the supervision of the Bureau of Prisons who are
eligible for a sentence reduction under subsection (a);
(B) notify the individuals on the list of such
eligibility; and
(C) with respect to each individual, file a motion
for such sentence reduction in the appropriate court of
jurisdiction.
(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit an individual who is not on the list
produced under paragraph (1) from filing a motion for a
sentence reduction for which the individual is eligible under
subsection (a).
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
(a) In General.--Except as specified in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Special Rule.--A drug or other substance placed in a schedule
pursuant to the Controlled Substances Act (21 U.S.C. 801 et seq.), as
in effect on the day before the date of enactment of this Act, shall
continue to be subject to the provisions of the Controlled Substance
Act (and any regulations thereunder) as in effect on such day until
such time that the drug or other substance is, pursuant to this Act and
the amendments made by this Act--
(1) placed in schedule I, II, III, or IV and schedule A, B,
C, D, or E of section 202(b) of the Controlled Substances Act
(21 U.S.C. 812(b)), as amended by this Act; or
(2) removed from the schedules of controlled substances.
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