[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1008 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1008

   To amend the Controlled Substances Act to exclude cannabidiol and 
cannabidiol-rich plants from the definition of marihuana, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2017

 Mr. Gardner (for himself, Mr. Merkley, Mr. Alexander, Mr. Hatch, Mr. 
Isakson, Mr. Lee, Mr. Johnson, Ms. Baldwin, and Mr. Warner) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Controlled Substances Act to exclude cannabidiol and 
cannabidiol-rich plants from the definition of marihuana, 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 ``Therapeutic Hemp Medical Access Act 
of 2017''.

SEC. 2. EXCLUSION OF CANNABIDIOL AND CANNABIDIOL-RICH PLANTS FROM 
              DEFINITION OF MARIHUANA.

    (a) In General.--Section 102(16) of the Controlled Substances Act 
(21 U.S.C. 802(16)) is amended, in the second sentence--
            (1) by striking ``or the sterilized seed'' and inserting 
        ``the sterilized seed''; and
            (2) by inserting before the period at the end the 
        following: ``, cannabidiol, or cannabidiol-rich plants''.
    (b) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802), as amended, is further amended by adding at the end the 
following:
            ``(57)(A) The term `cannabidiol-rich plant' means the plant 
        Cannabis sativa L. and any part of such plant, whether growing 
        or not, with a tetrahydrocannabinol concentration of not more 
        than 0.3 percent on a dry weight basis.
            ``(B) A cannabidiol-rich plant shall not be treated as a 
        controlled substance under this Act.
            ``(58)(A) The term `cannabidiol' means the substance 
        cannabidiol, as derived from a cannabidiol-rich plant.
            ``(B) Cannabidiol shall not be treated as a controlled 
        substance under this Act.
            ``(59) The term `tetrahydrocannabinol concentration' 
        means--
                    ``(A) the percent of the delta-9 
                tetrahydrocannabinol content per dry weight of any part 
                of the plant Cannabis sativa L. or per volume of weight 
                of marihuana product; or
                    ``(B) the combined percent of the delta-9 
                tetrahydrocannabinol and tetrahydrocannabinolic acid in 
                any part of the plant Cannabis sativa L., regardless of 
                moisture content.''.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to prohibit or otherwise restrict any activities related to 
the use, production, or distribution of marijuana in a State in which 
such activities are legal under State law.
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