[Congressional Record Volume 165, Number 130 (Wednesday, July 31, 2019)]
[Senate]
[Pages S5253-S5254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2400. A bill to promote cannabis research, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2400

       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

[[Page S5254]]

       ``(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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