[Congressional Record Volume 165, Number 168 (Wednesday, October 23, 2019)]
[Senate]
[Page S6109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 991. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 3055, making appropriations for the Departments
of Commerce and Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2020, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED
MARIJUANA PROGRAMS.
(a) In General.--The Attorney General shall--
(1) to complete a study, not later than 18 months after the
date of enactment of this Act, on the effects of State
legalized marijuana programs on criminal justice in the
respective States; and
(2) upon the completion of the initial study pursuant to
paragraph (1), to prepare or update a report on the results
of such study and submit such report to the Congress.
(b) Study Considerations.--The study pursuant to subsection
(a)(1) shall consider the effects of State legalized
marijuana programs with respect to criminal justice,
including the following:
(1) 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--
(A) the rates of such arrests at the Federal level,
including the number of Federal prisoners so arrested,
disaggregated by sex, age, race, and ethnicity of the
prisoners; and
(B) the rates of such arrests at the State level, including
the number of State prisoners so arrested, disaggregated by
sex, age, race, and ethnicity.
(2) The rates of arrests and citations at the Federal and
State levels related to teenage use of marijuana.
(3) The rates of arrests at the Federal and State levels
for unlawful driving under the influence of a substance, and
the rates of such arrests involving marijuana.
(4) The rates of marijuana-related prosecutions, court
filings, and imprisonments.
(5) 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 laws.
(6) 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.
(c) Report Contents.--The report 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.
(d) Best Practices for Data Collection by States.--Best
practices developed pursuant to this section shall consist of
best practices for the collection by States of the
information described in the items listed in subsection (b),
including 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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