[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3829 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3829
To streamline the process for institutions of higher education to
research marijuana.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2023
Ms. Titus (for herself and Mr. Neguse) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, Agriculture, and Education
and the Workforce, 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 streamline the process for institutions of higher education to
research marijuana.
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 ``Higher Education Marijuana Research
Act of 2023''.
SEC. 2. MARIJUANA FOR RESEARCH PURPOSES.
(a) Priority Factors.--Section 303(a) of the Controlled Substances
Act (21 U.S.C. 823(a)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding the following:
``(7) whether the applicant is an institution of higher
education or a State or local government entity.''.
(b) Report on Certain Licenses.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Attorney General, acting through the Drug Enforcement
Administration, shall submit a report to Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate, including--
(A) the number of applications for licenses under
section 303 of the Controlled Substances Act (21 U.S.C.
823) it has received for the previous year,
disaggregated by whether the applicant was a private
entity, an institution of higher education, or a State
or local government entity;
(B) the status of each application received in the
previous year; and
(C) if applicable, the reason an application was
denied.
(2) Name with consent.--With the consent of the applicant,
the Attorney General, acting through the Drug Enforcement
Administration, may submit in the report under subparagraph (A)
the name of the applicant.
(c) Obtaining Marijuana for Research Purposes.--
(1) In general.--Notwithstanding any provision of the
Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and
Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.),
or any other Federal law, an institution of higher education
located in a State or on tribal land where marijuana sale or
use is lawful may obtain or purchase marijuana from a State or
tribal government marijuana regulatory body or obtain marijuana
from a State or tribal law enforcement agency for the purpose
of biological, chemical, agricultural, or public health
research.
(2) Additional research purposes.--Marijuana obtained by an
institution of higher education pursuant to paragraph (1) may
be used to study the type of marijuana in a State's
marketplace, public health considerations of marijuana policies
in the State, and any potential medical benefits of marijuana.
(3) Prohibited research purposes.--Marijuana obtained by an
institution of higher education from a State or tribal law
enforcement agency shall not be administered to individuals.
(d) Participation in Research.--
(1) Student participation.--Notwithstanding any provision
of the Controlled Substances Act (21 U.S.C. 801 et seq.), the
Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101
et seq.), or any other Federal law, a covered student or
covered researcher shall not be ineligible or lose any Federal
student aid or other Federal funding because of participation
in covered research, conducted by an institution of higher
education in a controlled setting, involving marijuana.
(2) Institution of higher education.--Notwithstanding any
provision of the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Safe and Drug-Free Schools and Communities Act (20
U.S.C. 7101 et seq.), or any other Federal law, an institution
of higher education shall not be ineligible or lose any Federal
funds as a result of any sponsorship of research involving
marijuana.
(3) Impact on immigration status.--The immigration status
of a covered student or covered researcher who participates in
covered research, conducted by an institution of higher
education in a controlled setting, involving marijuana shall
not be impacted by such participation.
(e) Definitions.--In this section:
(1) Controlled setting.--The term ``controlled setting''
means a setting for which the research being conducted was
approved by the institution of higher education's internal
authority for reviewing research.
(2) Covered student.--The term ``covered student'' means an
individual enrolled part-time or full-time at an institution of
higher education for undergraduate, graduate, or post-graduate
study.
(3) Covered research.--The term ``covered research''
includes the administration of any research involving
marijuana, but does not include a covered student consuming
marijuana in any manner.
(4) Covered researcher.--The term ``covered researcher''
means an individual employed by a institution of higher
education to conduct or assist research approved by the
institution of higher education's internal authority for
reviewing research.
(5) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(6) State or tribal government marijuana regulatory body.--
The term ``State or tribal government marijuana regulatory
body'' means the entity approved by State or tribal law with
overseeing marijuana licensing in such State or Indian tribe.
(7) State or tribal law enforcement agency.--The term
``State or tribal law enforcement agency'' means an entity
authorized by State or tribal law to enforce the laws within
their jurisdiction.
SEC. 3. DRUG ENFORCEMENT ADMINISTRATION LICENSE PROCESS TO STUDY
MARIJUANA.
Not later than 90 days after the date of the enactment of this Act,
the Administrator of the Drug Enforcement Administration shall
establish an Office of University Relations to--
(1) provide technical assistance to a researcher or
institution of higher education seeking to register for the
manufacture, distribution, or dispensation of a controlled
substance under part C of title II of the Controlled Substances
Act (21 U.S.C. 821 et seq.); and
(2) develop any technology necessary to provide the
opportunity for a researcher or institution of higher education
to amend an application prior to submission.
SEC. 4. INSTITUTION OF HIGHER EDUCATION PARTNERSHIP.
(a) Institution of Higher Education Partnership.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Institutes of Health shall establish working group to produce
recommendations on how to simplify and streamline the
registration process for studying marijuana at institutions of
higher education.
(2) Participants.--The working group established in
paragraph (1) shall include:
(A) 2 appointees from the National Institutes of
Health.
(B) 2 appointees from the Food and Drug
Administration.
(C) 2 appointees from the Drug Enforcement
Administration.
(D) 2 appointees from two different institution of
higher education, appointed by the individuals under
subparagraphs (A), (B), and (C) based on their prior
study of marijuana.
(3) Responsibilities.--Not later than one year after the
date of the enactment of this Act, the working group
established under paragraph (1) shall submit a report to the
Committee on Education and the Workforce, Committee on Energy
and Commerce, and the Committee on the Judiciary of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on the Judiciary of the
Senate including--
(A) a summary of the status of marijuana research
at institutions of higher education in the United
States; and
(B) a list of recommendations to improve the
academic study of marijuana.
SEC. 5. GRANT PROGRAM FOR UNIVERSITIES TO STUDY MARIJUANA.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the National Institutes of
Health shall establish a program (in this section referred to as the
``Program'') within the National Institute of Drug Abuse to study
marijuana for potential medical benefits.
(b) Grant Authority.--In carrying out the Program, the Director may
award a grant on a competitive basis in accordance with this section.
(c) Eligible Recipients.--The Director may award a grant under the
Program to an institution of higher education determined by the
Director to have the authority and capability to carry out a project
described in subsection (d).
(d) Eligible Projects.--Grant funds awarded under the Program may
only be used to study marijuana for medical or public health purposes.
(e) Applications.--To be eligible for a grant under the Program, an
eligible recipient shall submit to the Director an application in such
form, at such time, and containing such information as the Director
determines to be appropriate.
(f) Priority.--In making a grant under the Program, the Director
shall give priority to an institution of higher education in a State or
tribal land where use of marijuana for recreational or medical use is
legal, accounting for geographic diversity and whether the institution
of higher education is a minority institution.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Director to carry out this section, $15,000,000 for
each of the fiscal years 2023 to 2027.
SEC. 6. GRANT PROGRAM FOR UNIVERSITIES TO STUDY MARIJUANA FOR
AGRICULTURE PURPOSES.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Agriculture shall establish a
program (in this section referred to as the ``Program'') to study
marijuana for agriculture purposes, including conservation and growth
techniques, impacts on other crops, and the impact of different strains
of marijuana on other crops.
(b) Grant Authority.--In carrying out the Program, the Secretary
may award a grant on a competitive basis in accordance with this
section.
(c) Eligible Recipients.--The Secretary may award a grant under the
Program to an institution of higher education determined by the
Secretary to have the authority and capability to carry out a project
described in subsection (d).
(d) Eligible Projects.--Grant funds awarded under the Program may
only be used to study marijuana for agriculture purposes.
(e) Applications.--To be eligible for a grant under the Program, an
eligible recipient shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
determines to be appropriate.
(f) Priority.--In making a grant under the Program, the Secretary
shall give priority to an institution of higher education in a State or
tribal land where use of marijuana for recreational or medical use is
legal, accounting for geographic diversity and whether the institution
of higher education is a minority institution.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section, $15,000,000
for each of the fiscal years 2023 to 2027.
SEC. 7. ARTICLE 28 OF SINGLE CONVENTION ON NARCOTIC DRUGS.
Article 28 of the Single Convention on Narcotic Drugs shall not be
construed to prohibit, or impose additional restrictions upon, research
involving marijuana, or the manufacture, distribution, or dispensing of
marijuana, that is conducted in accordance with the Controlled
Substances Act (21 U.S.C. 801 et seq.), this Act, and the amendments
made by this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' shall have the meaning
given such term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
(2) Minority institution.--The term ``minority
institution'' shall have the meaning given such term in section
365 of the Higher Education act of 1965 (20 U.S.C. 1067k).
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, and any territory of
the United States.
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