STATES 2.0 Act

This bill lets states and federally recognized tribes decide how to handle marijuana within their borders without most federal drug penalties, as long as people and businesses follow state or tribal law. It also allows marijuana to be shipped between states where it is legal and stops states or tribes from blocking those shipments passing through, while still letting them set reasonable time, place, and safety rules. If marijuana activity follows state or tribal law, it is treated as not federally “scheduled,” and the Attorney General must finalize rules to carry this out within 180 days .

The bill tells the FDA to regulate marijuana products much like it does other products: drugs are treated as drugs; foods and dietary supplements are regulated like foods containing alcohol; and cosmetics are treated as cosmetics. For other marijuana products, FDA must issue rules within 180 days, including testing for contaminants, safe manufacturing, and marketing rules to help prevent youth use. It also bars selling marijuana products packaged together with alcohol, tobacco, drugs, devices, or biologics . Giving marijuana to people under 21 remains illegal, with a narrow exception for medical distribution by someone at least 18 who follows the rules. The bill orders a national study on marijuana and traffic safety, with a report due in one year. It also says that activities following this law are not crimes or drug “trafficking,” cannot be used to seize property, are not treated as money laundering, and are not hit by the federal tax rule that blocks business deductions for illegal drug sales. Congress also urges FDA to support tribal self-government in how tribes regulate marijuana.

Key points

• Who is affected: People and businesses following state or tribal marijuana laws; shippers moving products between legal states; FDA and other federal agencies; states and tribes with legal markets .
• What changes: Most federal drug penalties don’t apply to state/tribal-legal marijuana; interstate shipments between legal states are allowed; FDA oversight is clarified and strengthened; medical exception for some under-21 distribution; combined marketing with alcohol/tobacco/drugs is banned; compliant businesses avoid asset forfeiture and the 280E tax penalty .
• When: Attorney General and FDA must issue key rules within 180 days; the traffic safety study report is due within 1 year .