PREPARE Act of 2025
- Bill Number
- H.R. 2935
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-04-17: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services, 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.
- Last Updated
- 2026-01-21T06:42:03Z
AI-Generated Summary
Purpose of the Legislation
The PREPARE Act of 2025 aims to prepare the federal government for the eventual end of federal prohibition on cannabis (also referred to as marijuana) by creating an advisory commission. This commission will study and recommend a regulatory framework for cannabis, modeled after how alcohol is regulated at federal and state levels. The goal is to address historical harms from prohibition, promote research, ensure safety, and support affected communities, while recognizing cannabis as an adult-use product (except for medical use in minors under a doctor's prescription).
Key Provisions
- Establishment of the Commission: The Attorney General must create the "Commission on the Federal Regulation of Cannabis" within 30 days of the bill's enactment. The commission will study pathways to federal cannabis regulation and propose solutions to issues like criminalization's effects, banking access for cannabis businesses, research barriers, product safety standards, revenue collection, and trade guidance.
- Duties and Timeline:
- Within 60 days: Solicit public comments from stakeholders, including industry experts, criminal justice advocates, healthcare professionals, state regulators, tribal governments, and the public.
- Within 120 days: Publish initial findings and recommendations online via the Department of Justice website, focusing on barriers to regulation similar to alcohol.
- Within 180 days: Hold public hearings with testimony from cannabis industry participants (e.g., state-licensed operators, multi-state businesses, and individuals formerly incarcerated for non-violent cannabis offenses). Testimony must be made public.
- After 120 days: Gather additional public input on initial recommendations.
- Within one year: Release a final report with comprehensive findings and recommendations.
- Membership: The commission has 29 members, appointed by congressional leaders, cabinet secretaries, and agency heads. Key appointees include:
- Experts in substance abuse prevention, cannabis criminalization history (especially impacts on minorities, medical patients, and veterans), medical cannabis research, and youth prevention.
- Representatives from federal agencies like the Department of Justice, FDA, IRS, USDA, HHS, VA, and others focused on health, agriculture, trade, and small businesses.
- Non-federal members: Formerly incarcerated individuals, state cannabis regulators, and trade organization representatives.
- Ensures partisan balance if needed; chairperson and secretary elected by members.
- Operations:
- First meeting within 90 days; quarterly meetings thereafter, with a quorum of majority members required for decisions.
- No rulemaking power; advisory only. Federal agencies must provide public records upon request.
- No additional pay for members; Attorney General provides staff support.
- Strict attendance rules, with potential removal for absences.
- Definitions: "Cannabis" matches the Controlled Substances Act's definition of "marihuana." "State" includes D.C., Puerto Rico, and territories. Covers tribal governments.
Significant Changes to Existing Law
This bill introduces a new advisory commission, which does not directly amend current laws like the Controlled Substances Act (which classifies cannabis as a Schedule I drug, restricting it as having high abuse potential and no accepted medical use). Instead, it creates a structured process to study and recommend changes, such as descheduling cannabis or shifting to alcohol-like regulation. It builds on existing state-level legalization (medical in 38 states + D.C.; adult-use in 21 states + D.C.) by addressing federal-state conflicts, without immediately altering prohibition.
Potential Impacts
- On Government Agencies: Requires coordination across agencies (e.g., DOJ, FDA, USDA, IRS) to support the commission and implement future recommendations, potentially leading to new regulatory roles in safety testing, taxation, and trade oversight. Could streamline federal revenue collection from cannabis sales.
- On Citizens: May reduce criminal penalties for non-violent offenses, improve access to medical cannabis for conditions like pain, PTSD, seizures, and multiple sclerosis, and expand research on safety and impairment. Benefits minority, low-income, and veteran communities disproportionately harmed by past prohibition; enhances banking and business opportunities for entrepreneurs.
- On International Relations: Highlights U.S. lag behind countries like Canada, Germany, and Israel in cannabis research and legality, potentially fostering better trade agreements, scientific collaboration, and reduced tensions over international enforcement of U.S. drug policies.
Main Stakeholders Affected
- Communities Impacted by Criminalization: Minorities, low-income groups, veterans, and formerly incarcerated individuals, who face barriers to employment, housing, and justice reform.
- Cannabis Industry and Businesses: Entrepreneurs, state-licensed producers, sellers, and multi-state operators seeking federal banking, trade, and safety standards.
- Healthcare and Research Sector: Medical professionals, patients, researchers, and agencies like NIH and VA, gaining better access to studies on medical benefits and training.
- Government Entities: Federal agencies (e.g., DOJ, HHS, USDA), state and tribal regulators, and small business supporters addressing revenue, agriculture, and youth protection.
- Public and Advocates: Substance use prevention experts, criminal justice reformers, and youth safety groups influencing regulations to minimize harms.
Notable Legal, Constitutional, or Political Implications
- Legal: The commission's recommendations could pave the way for rescheduling cannabis under the Controlled Substances Act or full federal legalization, addressing conflicts with state laws and enabling interstate commerce. It emphasizes remedies for discriminatory enforcement rooted in historical prohibition (e.g., since 1937, despite early medical recognition).
- Constitutional: Highlights equal protection concerns by targeting prohibition's origins in bias against minority communities; supports federalism by modeling alcohol regulation, which respects state rights while providing federal guidance. No direct challenge to federal authority, but could influence Commerce Clause interpretations for intrastate/interstate trade.
- Political: Reflects bipartisan sponsorship (e.g., from both parties' leaders) and evolving public views, as noted in findings on state legalizations and federal revenue collection amid ongoing prosecutions. Promotes inclusive input (e.g., public hearings, diverse membership) to build consensus, but as an advisory body, implementation depends on future legislation, potentially facing partisan divides on drug policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Joyce, David P. [R-OH-14]
Cosponsors (2)
Rep. Jeffries, Hakeem S. [D-NY-8], Rep. Miller, Max L. [R-OH-7]
Recent Actions
- 2025-04-17: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services, 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.
- 2025-04-17: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services, 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.
- 2025-04-17: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services, 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.
- 2025-04-17: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services, 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.
- 2025-04-17: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Ways and Means, Agriculture, and Financial Services, 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.
- 2025-04-17: Introduced in House
- 2025-04-17: Introduced in House
Bill Versions
- Preparing Regulators Effectively for a Post-prohibition Adult-use Regulated Environment Act of 2025 — issued 2025-04-17 — PDF (16 pages)