118 HR 3829 IH: Higher Education Marijuana Research Act of 2023
U.S. House of Representatives
2023-06-05
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I
118th CONGRESS
1st Session
H. R. 3829
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.
1.

Short title
This Act may be cited as the “Higher Education Marijuana Research Act of 2023”.
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.
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.
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.
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.
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.
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.
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.