[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1587 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1587
To direct the Secretary of Health and Human Services to enter into a
10-year arrangement with the National Academy of Sciences to conduct
and update biennially a study on the effects of State legalized
marijuana programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2019
Ms. Gabbard (for herself, Mr. Young, Mr. Blumenauer, Mr. Soto, Ms.
Norton, Ms. Titus, Ms. Schakowsky, Mr. Cohen, Mr. Carbajal, Mr. Crist,
Mr. Gaetz, Ms. Lee of California, Ms. DelBene, Ms. McCollum, Mr.
DeFazio, Mr. Moulton, Mr. Raskin, Mr. Pocan, Ms. Ocasio-Cortez, Mr.
Sean Patrick Maloney of New York, Mr. Khanna, Mr. Correa, Mr.
Perlmutter, and Ms. DeGette) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on the Judiciary, and Education and Labor, 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 direct the Secretary of Health and Human Services to enter into a
10-year arrangement with the National Academy of Sciences to conduct
and update biennially a study on the effects of State legalized
marijuana programs, 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 ``Marijuana Data Collection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly two-thirds of Americans--about 68 percent--favor
marijuana legalization.
(2) A total of 33 States, the District of Columbia, Puerto
Rico, and Guam have legalized marijuana for medicinal use, and
of those, 10 States and the District of Columbia have legalized
marijuana for adult non-medicinal use.
(3) Despite State legalization, marijuana remains illegal
under Federal law, listed in schedule I under the Controlled
Substances Act.
(4) Every day, more Americans die from overdosing on
opioids. In 2016, the Centers for Disease Control and
Prevention estimated that more than 42,000 Americans died from
opioid-related drug overdoses. President Trump has, on two
separate occasions, declared the opioid crisis as a public
health emergency.
(5) Studies suggest that increased access to marijuana is
associated with reductions in opioid abuse and opioid-related
deaths, among other economic and social benefits:
(A) A study published in the Journal of the
American Medical Association (JAMA) in 2014 that
compared mortality rates between States that legalized
medical marijuana versus States that have not legalized
medical marijuana found that States that had legalized
medical marijuana had, on average, 20 percent fewer
opioid-related overdose deaths in the first year of
legalization compared to States that had not legalized
marijuana. This difference widened in subsequent years
after legalization.
(B) A study published in the American Journal of
Public Health in 2017 found that opioid-related deaths
tended to decline after the legalization of non-
medicinal marijuana for adults in the State of
Colorado. This study estimated a 6.5-percent reduction
in opioid-related deaths compared to pre-legalization.
(6) Due to marijuana legalization, States have generated
millions in taxes and revenue and have allocated these funds
into public health, education, economic development,
restorative justice, and job creation, such as--
(A) substance use disorder treatment and drug use
prevention programs;
(B) school construction;
(C) behavioral health programs;
(D) State alcohol and drug treatments funds;
(E) basic health plans;
(F) community residential centers;
(G) youth drug use prevention;
(H) jail diversion;
(I) mental health treatment; and
(J) job creation and placement.
(7) A robust and properly regulated marijuana industry
wherein States are allowed to operate marijuana programs free
from Federal interference stands to benefit States' public
health, education, economic, and law enforcement and judicial
sectors.
SEC. 3. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED MARIJUANA
PROGRAMS.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Department of Justice, the Department of Labor,
and (to the greatest extent possible) with relevant State agencies
responsible for health programs and activities in States that have
legalized marijuana for medicinal or non-medicinal use, shall enter
into a 10-year arrangement with the National Academy of Sciences--
(1) to complete a study, not later than 18 months after the
date of enactment of this Act, and to update such study on a
biennial basis thereafter for the duration of the arrangement
period, on the effects of State legalized marijuana programs on
the economy, public health, criminal justice, and employment in
the respective States;
(2) upon the completion of the initial study pursuant to
paragraph (1) and upon each update to the study, to prepare or
update a report on the results of such study and submit such
report to the Congress; and
(3) not later than 30 days after the date of submission of
the initial report under paragraph (2), develop and publish
best practices on data collection under subsection (e).
(b) Study Considerations.--The study pursuant to subsection (a)(1)
shall consider the effects of State legalized marijuana programs,
including yearly rates and trends over the course of the study under
such subsection, with respect to the following:
(1) Revenues and state allocations.--
(A) The monetary amounts generated through
revenues, taxes, and any other financial benefits.
(B) The purposes and relative amounts for which
these funds were used.
(C) The total impact on the State and its budget.
(2) Medicinal use of marijuana.--
(A) The rates of medicinal use among different
population groups, including children, the elderly,
veterans, and individuals with disabilities.
(B) The purpose of such use.
(C) Which medical conditions medical marijuana is
most frequently purchased and used for.
(3) Substance use.--
(A) The rates of overdoses with opioids and other
painkillers.
(B) The rates of admission in health care
facilities, emergency rooms, and volunteer treatment
facilities related to overdoses with opioids and other
painkillers.
(C) The rates of opioid-related and other
painkiller-related crimes to one's self and to the
community.
(D) The rates of opioid prescriptions and other
pain killers.
(4) Impacts on criminal justice.--
(A) The rates of marijuana-related arrests for
possession, cultivation, and distribution, and of these
arrests, the percentages that involved a secondary
charge unrelated to marijuana possession, cultivation,
or distribution, including--
(i) the rates of such arrests on the
Federal level, including the number of Federal
prisoners so arrested, disaggregated by sex,
age, race, and ethnicity of the prisoners; and
(ii) the rates of such arrests on the State
level, including the number of State prisoners
so arrested, disaggregated by sex, age, race,
and ethnicity.
(B) The rates of arrests and citations on the
Federal and State levels related to teenage use of
marijuana.
(C) The rates of arrests on the Federal and State
levels for unlawful driving under the influence of a
substance, and the rates of such arrests involving
marijuana.
(D) The rates of marijuana-related prosecutions,
court filings, and imprisonments.
(E) The total monetary amounts expended for
marijuana-related enforcement, arrests, court filings
and proceedings, and imprisonment before and after
legalization, including Federal expenditures
disaggregated according to whether the laws being
enforced were Federal or State.
(F) The total number and rate of defendants in
Federal criminal prosecutions asserting as a defense
that their conduct was in compliance with applicable
State law legalizing marijuana usage, and the effects
of such assertions.
(5) Employment.--
(A) The amount of jobs created in each State,
differentiating between direct and indirect employment.
(B) The amount of jobs expected to be created in
the next 5 years, and in the next 10 years, as a result
of the State's marijuana industry.
(c) Study Timeframe.--The study pursuant to subsection (a)(1) shall
consider the data collected and analyzed in connection with the items
listed in subsection (b) in the respective States to the extent
possible across the period--
(1) beginning 5 years before the effective date of
legalization of marijuana in the State; and
(2) ending on a date determined by the National Academy of
Sciences to allow collection and analysis of the most recent
data available.
(d) Report Contents.--Reports pursuant to subsection (a)(2) shall--
(1) address both State programs that have legalized
marijuana for medicinal use and those that have legalized
marijuana for adult non-medicinal use and to the extent
practicable distinguish between such programs and their
effects;
(2) include a national assessment of average trends across
States with such programs in relation to the effects on
economy, public health, criminal justice, and employment in the
respective States, including with respect to the items listed
in subsection (b); and
(3) describe--
(A) any barriers that impeded the ability to
complete or update aspects of the study required by
subsection (a)(1) and how such barriers can be overcome
for purposes of future studies; and
(B) any gaps in the data sought for the study
required by subsection (a)(1) and how these gaps can be
eliminated or otherwise addressed for purposes of
future studies.
(e) Best Practices for Data Collection by States.--The best
practices pursuant to subsection (a)(3) shall consist of best practices
for the collection by States of the information described in the items
listed in subsection (b), including such best practices for improving--
(1) data collection;
(2) analytical capacity;
(3) research integrity; and
(4) the comparability of data across States.
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