[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2400 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2400
To promote cannabis research, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2019
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To promote cannabis 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 ``Expanding Cannabis Research and
Information Act''.
SEC. 2. CANNABIS RESEARCH AT THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES.
(a) National Cannabis Research Agenda.--Part B of title IV of the
Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding
at the end the following:
``SEC. 409K. NATIONAL CANNABIS RESEARCH AGENDA.
``Not later than 1 year after the date of enactment of the
Expanding Cannabis Research and Information Act, the Director of NIH,
in collaboration with the Director of the Centers for Disease Control
and Prevention and the Assistant Secretary for Mental Health and
Substance Use, shall develop a national cannabis research agenda that
addresses key questions and gaps in evidence, including with respect to
each of the following:
``(1) The efficacy of cannabis in providing therapeutic
benefits for certain priority diseases or conditions, which may
include epilepsy, multiple sclerosis-related spasticity,
chemotherapy-induced pain and discomfort, using cannabis as an
alternative to opioid analgesics for acute or chronic pain,
sleep apnea, Tourette syndrome, anxiety, post-traumatic stress
disorder, and any other disease or condition determined to be
appropriate and of importance by the Director.
``(2) The effect of cannabis on at-risk populations,
including children, older individuals, and pregnant or breast-
feeding women.
``(3) The long-term effects of cannabis use, including
dose-response relationship and the connection between cannabis
use and behavioral health.
``(4) The clinically appropriate modes of delivery of
cannabis.
``(5) Public safety considerations related to cannabis,
including--
``(A) variation in the potency of cannabis
products;
``(B) youth access to and use of cannabis,
including marketing, packaging, edible formulations,
and flavor options that target youth;
``(C) risk factors for cannabis misuse;
``(D) impaired driving related to cannabis use; and
``(E) accidental ingestion of cannabis.''.
(b) Surveillance Activities.--Part A of title III of the Public
Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the
end the following:
``SEC. 310B. SURVEILLANCE ACTIVITIES ON CANNABIS USE.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, in collaboration with
the Assistant Secretary for Mental Health and Substance Use, the
Administrator of the Centers for Medicare & Medicaid Services, and the
Director of the Agency for Healthcare Research and Quality, shall carry
out surveillance activities to collect population-wide data on cannabis
use.
``(b) Permissible Activities.--
``(1) In general.--In carrying out activities under this
section, the Secretary may collect, as appropriate, with
respect to cannabis use--
``(A) data on--
``(i) health outcomes, including biological
data;
``(ii) health care utilization, which shall
include hospitalizations and utilization of
emergency departments related to consumption of
cannabis, including among youth;
``(iii) demographic factors associated with
cannabis use;
``(iv) the variety of products and delivery
modes used; and
``(v) other relevant health information to
improve the understanding of cannabis use in
all age groups and sub-populations; and
``(B) data through public health surveillance
systems, surveys, questionnaires, and databases of
health care records, including, as appropriate, the
Behavioral Risk Factor Surveillance System, the Youth
Risk Behavioral Surveillance System, the Monitoring the
Future health survey, the National Survey on Drug Use
and Health, or the Healthcare Cost and Utilization
Project (or any successor surveys).
``(2) Privacy.--Any data collected under paragraph (1)
shall be collected in manner that protects personal privacy to
the extent, at a minimum, that is required under applicable
Federal and State law.''.
SEC. 3. RESCHEDULING OF MARIHUANA.
(a) In General.--Subsection (c) of schedule I of section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)) is amended by striking
paragraph (10).
(b) Schedule III.--Schedule III of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the
following:
``(f) Marihuana.''.
SEC. 4. CENTERS OF EXCELLENCE IN CANNABIS RESEARCH.
(a) In General.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.), as amended by section 2(a), is further
amended by adding at the end the following:
``SEC. 409L. CENTERS OF EXCELLENCE IN CANNABIS RESEARCH.
``(a) Designation.--
``(1) In general.--The Director of NIH shall designate
institutions of higher education as Centers of Excellence in
Cannabis Research for the purpose of interdisciplinary research
related to cannabis and other biomedical, behavioral, and
social issues related to cannabis. No institution of higher
education may be designated as a Center unless an application
therefor has been submitted to, and approved by, the Director
of NIH. Such an application shall be submitted in such manner
and contain such information as the Director of NIH may
reasonably require. The Director of NIH may not approve such an
application unless--
``(A) the application contains or is supported by
reasonable assurances that--
``(i) at least 1 individual employed by the
applicant--
``(I) is registered under section
303(f) of the Controlled Substances Act
to conduct research with controlled
substances in schedule III of section
202(c) of that Act; and
``(II) is an active participant in
the cannabis research activities of the
applicant;
``(ii) the applicant has not had a
registration to conduct research with
controlled substances under section 303 of the
Controlled Substances Act denied, revoked, or
suspended under section 304 of that Act;
``(iii) the applicant has the experience,
or capability, to conduct, through biomedical,
behavioral, social, and related disciplines,
long-term research on cannabis and to provide
coordination of such research among such
disciplines;
``(iv) the applicant has available to it
sufficient personnel and facilities (including
laboratory, reference, storage, security, and
data analysis facilities) to carry out the
research plan required under subparagraph (B);
and
``(v) the applicant has the capacity to
conduct academic courses and train students and
professionals on appropriate research and
knowledge of cannabis; and
``(B) the application contains a detailed 5-year
plan for research relating to cannabis.
``(2) Geographic representation.--The Director of NIH shall
ensure geographic representation across the United States in
designating institutions of higher education as Centers of
Excellence in Cannabis Research.
``(3) Term of designation.--A designation under this
section shall be for a period of 5 years. An institution of
higher education may reapply in accordance with the
requirements under paragraph (1) for a subsequent designation
under this section.
``(b) Cannabis Research.--
``(1) Grants or cooperative agreements.--
``(A) In general.--The Director of NIH may make
grants to, or enter into cooperative agreements with,
Centers that have been designated under this section to
expand the current and ongoing interdisciplinary
research and clinical trials relating to cannabis
research.
``(B) Use of funds.--Amounts made available under a
grant or cooperative agreement under subparagraph (A)
may be used to address key questions and gaps in
evidence addressed by the national cannabis research
agenda described in paragraphs (1) through (5) of
section 409K.
``(2) Research results.--The Director of NIH shall promptly
disseminate research results under this subsection to relevant
governmental, academic, and research entities.
``(c) Definitions.--In this section:
``(1) Cannabis.--The term `cannabis' has the meaning given
the term `marihuana' in section 102 of the Controlled
Substances Act.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965.''.
(b) Registration Requirements.--Section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) is amended by adding after the period
at the end the following: ``The Attorney General shall register under
this part practitioners at Centers of Excellence in Cannabis Research
designated under section 409L of the Public Health Service Act to
conduct research with marihuana. No separate registration shall be
required for each individual employed by a Center of Excellence in
Cannabis Research who is conducting research described in subsection
(a)(1) of that section and in accordance with applicable State and
local laws, nor shall separate registrations be required for distinct
research activities, including research activities related to distinct
constituent compounds of marihuana or amended protocols. The
registration shall expire on the date on which the entity is no longer
designated as such a Center of Excellence in Cannabis Research under
that section. A Center of Excellence in Cannabis Research registered
under this part may cultivate marihuana, including any constituent
component of marihuana, to conduct research under this part if the
Attorney General has determined that the research to be conducted is
for legitimate scientific research and is consistent with effective
controls against diversion. A Center of Excellence in Cannabis Research
may contract with such additional manufacturers of marihuana registered
under this section to meet the needs of the Center of Excellence in
Cannabis Research to the maximum extent permissible under international
treaties to which the United States is a signatory and which govern
marihuana. Before entering into such contract, the Center of Excellence
in Cannabis Research shall submit to the Attorney General a request to
enter into the contract that includes information to demonstrate the
experience or capability of the contractor to conduct such cultivation
and assurances that the contractor will comply with the provisions of
this Act. Not later than 60 days after the date on which the request is
submitted, the request shall be deemed to be approved by the Attorney
General, unless the Attorney General determines that the granting of
such request is inconsistent with the public interest. A Center of
Excellence in Cannabis Research registered under this section may
purchase or acquire commercially available marihuana for the purpose of
research described in section 409L(a)(1) of the Public Health Service
Act in accordance with the law of the State in which the transaction
occurs. No Federal funds may be used by the Center of Excellence in
Cannabis Research for such purchase or acquisition.''.
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