,,ii #aaeth ,,congress #ast ,session ,s4 #ghj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #cj1 #bjag ,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,controlled ,substances ,act to reduce the gap between ,federal and ,state marijuana policy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,responsibly ,addressing the ,marijuana ,policy ,gap ,act of #bjag4 #b4 ,definitions ,in this ,act-- 7#a7 the term depository institution means-- 7,a7 a depository institution as defined in section #c7;c7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c772 7,b7 a ,federal credit union as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb72 or 7,c7 a ,state credit union as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb72 7#b7 the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code2 7#c7 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 7#d7 the term marijuana has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb71 as amended by subsection 7d77#b72 7#e7 the term marijuana derivative means any marijuana product that is not a naturally grown and unadulterated marijuana flower product2 7#f7 the term marijuana product means any article that contains marijuana or any marijuana derivative2 7#g7 the term marijuana-related business means a manufacturer1 producer1 or any person that-- 7,a7 participates in any business or organized activity that involves handling marijuana or marijuana products1 including selling1 transporting1 displaying1 dispensing1 or distributing marijuana or marijuana products2 and 7,b7 engages in such activity pursuant to a law established by a ,state1 a unit of local government1 or an ,indian tribe that has jurisdiction over the ,indian country in which the activity occurs2 and 7#h7 the term ,state means each of the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 and any territory or possession of the ,united ,states4 ,i ,federalism in marijuana policy #aja4 ,elimination of criminal penalties for certain persons complying with ,state law ,section #gjh of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #ijc7 is amended-- 7#a7 by striking ,no provision and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 no provision 2 and 7#b7 by adding at the end the following3 7b7 ,compliance with ,state law ,notwithstanding any other provision of law1 the provisions of this title relating to marihuana shall not apply to any person acting in compliance with ,state law or the law of the ,indian tribe that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 where the conduct occurs relating to-- 7#a7 the production1 possession1 distribution1 dispensation1 administration1 laboratory testing1 or delivery of marihuana2 or 7#b7 the provision of ancillary services related to the activities described in paragraph 7#a71 such as legal representation1 payment processing1 advertising1 security services1 scientific and safety testing1 or property leasing4 4 ,,ii ,removing business and banking barriers #bja4 ,allowance of deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with ,state law 7a7 ,short title ,this section may be cited as the ,small ,business ,tax ,equity ,act of #bjag4 7b7 ,allowance ,section #bhj;,e of the ,internal ,revenue ,code of #aihf is amended by inserting before the period at the end the following3 1 unless such trade or business consists of marijuana sales conducted in compliance with ,state law or the law of the ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 where the trade or business is conducted4 7c7 ,effective date ,the amendment made by this section shall apply with respect to taxable years ending after the date of the enactment of this ,act4 #bjb4 ,marijuana print advertising 7a7 ,short title ,this section may be cited as the ,marijuana ,advertising ,in ,legal ,states ,act or the ,,mails ,act4 7b7 ,marijuana print advertising ,section #djc7;c77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdc7;c77#a77 is amended by adding at the end the following3 ,this paragraph does not apply to an advertisement to the extent that the advertisement relates to an activity1 involving marihuana1 that is in compliance with the law of the ,state or the law of the law of the ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 in which that activity takes place44 #bjc4 ,safe harbor for marijuana broadcast advertising 7a7 ,communications ,act of #aicd ,section #cji of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7 is amended by adding at the end the following3 7m7 ,safe harbor for marijuana broadcast advertising 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered activity means the production1 possession1 sale1 distribution1 dispensation1 administration1 processing1 or laboratory testing of marijuana2 7,b7 the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code2 7,c7 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 7,d7 the term marijuana has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 and 7,e7 the term media of mass communications has the meaning given the term in subsection 7i77#c77;,c74 7#b7 ,safe harbor ,in determining whether to grant an application for a license or permit 7including for the renewal of a license or permit7 under this section1 the ,commission shall not consider the broadcast by any medium of mass communications of any advertising or other information pertaining to any aspect of a covered activity to be contrary to the public interest1 convenience1 and necessity1 if the covered activity1 and the advertising thereof1 does not violate the law of-- 7,a7 the ,state1 or the ,indian tribe that has jurisdiction over the ,indian country1 in which the transmission point of the subject medium of mass communications is located2 or 7,b7 with respect to a radio or television station1 the ,state1 or the ,indian tribe that has jurisdiction over the ,indian country1 in which the station's community of license is or is proposed to be located4 4 7b7 ,controlled ,substances ,act ,section #gjh of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #ijc71 as amended by section #aja1 is amended-- 7#a7 in subsection 7a71 by striking subsection 7b7 and inserting subsections 7b7 and 7c72 7#b7 in subsection 7b71 by striking ,notwithstanding and inserting ,subject to subsection 7c7 and notwithstanding2 and 7#c7 by adding at the end the following3 7c7 ,compliance with ,state or tribal law relating to marijuana broadcast advertising 7#a7 ,in general ,except as provided in paragraph 7#b7 and notwithstanding any other provision of law1 the provisions of this title relating to marijuana shall not apply to the broadcast by any medium of mass communications of any advertising or other information pertaining to any aspect of a covered activity if the covered activity1 and the advertising thereof1 does not violate the law of-- 7,a7 the ,state1 or the ,indian tribe that has jurisdiction over the ,indian country1 in which the transmission point of the subject medium of mass communications is located2 or 7,b7 with respect to a radio or television station1 the ,state1 or the ,indian tribe that has jurisdiction over the ,indian country1 in which the station's community of license is located4 7#b7 ,broadcasts calculated to induce travel from non-legal jurisdictions ,paragraph 7#a7 shall not apply to the broadcast by any medium of mass communications of any advertising or other information pertaining to any aspect of a covered activity that is calculated to induce residents of a non-legal jurisdiction to travel to another ,state or other area of ,indian country to purchase marijuana4 7d7 ,definitions ,for purposes of this section-- 7#a7 the term covered activity means the production1 possession1 sale1 distribution1 dispensation1 administration1 processing1 or laboratory testing of marijuana2 7#b7 the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code2 7#c7 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 7#d7 the term media of mass communications has the meaning given the term in section #cji7;i77#c77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;i77#c77;,c772 and 7#e7 the term non-legal jurisdiction means-- 7,a7 a ,state in which the purchase of marijuana is prohibited under ,state law2 or 7,b7 ,indian country in which the purchase of marijuana is prohibited under the law of the ,indian tribe that has jurisdiction over the ,indian country4 4 #bjd4 ,access to banking 7a7 ,definitions ,in this section-- 7#a7 the term ,federal banking regulator means each of the ,board of ,governors of the ,federal ,reserve ,system1 the ,bureau of ,consumer ,financial ,protection1 the ,federal ,deposit ,insurance ,corporation1 the ,office of the ,comptroller of the ,currency1 the ,national ,credit ,union ,administration1 or any ,federal agency or department that regulates banking or financial services1 as determined by the ,secretary of the ,treasury2 7#b7 the term financial service means a financial product or service as defined in section #ajjb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edha72 7#c7 the term manufacturer means a person who manufactures1 compounds1 converts1 processes1 prepares1 or packages marijuana or marijuana products2 7#d7 the term producer means a person who plants1 cultivates1 harvests1 or in any way facilitates the natural growth of marijuana4 7b7 ,safe harbor for depository institutions ,a ,federal banking regulator may not-- 7#a7 terminate or limit the deposit insurance of a depository institution under the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq47 or the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agea et seq47 solely because the depository institution provides or has provided financial services to a marijuana-related business2 7#b7 prohibit1 penalize1 or otherwise discourage a depository institution from providing financial services to a marijuana-related business2 7#c7 recommend1 incentivize1 or encourage a depository institution not to offer financial services to a person1 or to downgrade or cancel the financial services offered to a person solely because-- 7,a7 the person is a manufacturer or producer of marijuana2 7,b7 the person is the owner1 operator1 or an employee of a marijuana-related business2 7,c7 the person later becomes an owner1 operator1 or employee of a marijuana-related business2 or 7,d7 the depository institution was not aware that the person is the owner1 operator1 or an employee of a marijuana-related business2 or 7#d7 take any adverse or corrective supervisory action on a loan to an owner1 operator1 or employee of-- 7,a7 a marijuana-related business solely because the owner1 operator1 or employee is an owner1 operator1 or employee of a marijuana-related business2 or 7,b7 real estate or equipment that is leased to a marijuana-related business solely because the owner or operator of the real estate or equipment leased the real estate or equipment to a marijuana-related business4 7c7 ,prohibition on denying master accounts to depository institutions because of marijuana-,related funds ,notwithstanding any other provision of law1 the ,board of ,governors of the ,federal ,reserve ,system may not deny a master account to a depository institution solely on the basis that the depository institution accepts deposits of funds from marijuana-related businesses4 7d7 ,protections under ,federal law 7#a7 ,investigation and prosecution ,a depository institution that provides financial services to a marijuana-related business1 or the officers1 directors1 and employees of that business1 shall be immune from ,federal criminal prosecution or investigation for providing those services4 7#b7 ,federal criminal law ,a depository institution that provides financial services to a marijuana-related business1 or the officers1 directors1 and employees of that business1 shall not be subject to a criminal penalty under any ,federal law solely for providing those services or for further investing any income derived from such services4 7#c7 ,forfeiture ,a depository institution that has a legal interest in the collateral for a loan made to an owner1 operator1 or employee of a marijuana-related business1 or to an owner or operator of real estate or equipment that is leased to a marijuana-related business1 shall not be subject to criminal1 civil1 or administrative forfeiture of that legal interest pursuant to any ,federal law for providing such loan4 7e7 ,rule of construction ,nothing in this section requires a depository institution to provide financial services to a marijuana-related business4 #bje4 ,requirements for filing suspicious activity reports 7a7 ,definition ,in this section1 the term deposit account records-- 7#a7 means account ledgers1 signature cards1 certificates of deposit1 passbooks1 corporate resolutions authorizing accounts in the possession of the depository institution1 and other books and records of the depository institution1 including records maintained by computer1 which relate to the depository institution's deposit taking function2 and 7#b7 does not include account statements1 deposit slips1 items deposited1 or cancelled checks4 7b7 ,suspicious activity reports 7#a7 ,in general ,a depository institution or any director1 officer1 employee1 or agent of a depository institution shall not be required to report a suspicious transaction as prescribed by the guidance issued by the ,financial ,crimes ,enforcement ,network titled ,,bsa ,expectations ,regarding ,marijuana-,related ,businesses 7,,fin-#bjad-;,g#jja2 published on ,february #ad1 #bjad7 or section #ba4aa7;c77#d77a7 of title #ab1 ,code of ,federal ,regulations1 if-- 7,a7 the depository institution reasonably believes1 based on customer due diligence1 that the marijuana-related businesses to which it is providing financial services does not implicate one of the priorities outlined in the document entitled ,memorandum for ,all ,united ,states ,attorneys3 ,guidance ,regarding ,marijuana ,enforcement issued by ,james ,m4 ,cole on ,august #bi1 #bjac1 nor violate the laws of the ,state in which marijuana-related business operates2 and 7,b7 the deposit account records of the depository institution-- 7i7 include-- 7,i7 identifying information of the account holder and related parties2 and 7,,ii7 addresses of the account holder and related parties2 and 7ii7 state that-- 7,i7 the account holder is engaged in a marijuana-related business2 and 7,,ii7 no additional suspicious activity has been identified4 7#b7 ,safe harbor ,a depository institution or any director1 officer1 employee1 or agent of a depository institution that reports a suspicious transaction relating to a marijuana-related business shall be considered to have met the requirements of the guidance described in paragraph 7#a74 #bjf4 ,bankruptcy protection ,notwithstanding any other provision of law1 a marijuana-related business shall be entitled to-- 7#a7 relief under chapter #g1 #aa1 or #ac of title #aa1 ,united ,states ,code2 and 7#b7 convert a case in accordance with section #gjf1 #aaab1 or #acjg of title #aa1 ,united ,states ,code1 as applicable4 #bjg4 ,tribal marijuana sovereignty 7a7 ,in general ,the fact that an ,indian tribe1 a member of an ,indian tribe1 or a tribal entity is producing1 purchasing1 or possession marijuana in compliance with the law of the ,indian tribe that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 where the conduct occurs shall not be considered when-- 7#a7 allocating or distributing ,federal funds or other ,federal benefits to the ,indian tribe1 a member of an ,indian tribe1 or the tribal entity2 7#b7 determining the eligibility of the ,indian tribe or the tribal entity for any contract1 grant1 or other agreement with the ,united ,states1 or the renewal or modification thereof1 where the legal production1 purchase1 or possession of marijuana by the ,indian tribe or a member of an ,indian tribe would otherwise disqualify the ,indian tribe from eligibility2 7#c7 evaluating the ongoing compliance of the ,indian tribe or the tribal entity with any contract1 grant1 or other agreement with the ,united ,states where the legal production1 purchase1 or possession of marijuana by the ,indian tribe or a member of an ,indian tribe would otherwise result in the ,indian tribe or tribal entity being out of compliance2 and 7#d7 determining if the ,indian tribe or a member of an ,indian tribe is eligible for ,federal benefits for which the ,indian tribe or a member of an ,indian tribe would otherwise be eligible4 7b7 ,clarification ,this subsection shall not prohibit consideration of income from the legal production1 purchase1 or possession of marijuana to the same extent that the other legal income would be considered when allocating or distributing ,federal funds or determining eligibility for ,federal benefits4 7c7 ,definitions ,for purposes of this subsection3 7#a7 ,tribal entity ,the term tribal entity means-- 7,a7 tribal organizations as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #ecjd7l772 7,b7 tribally designated housing entities as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb772 or 7,c7 ,indian-owned businesses and tribal enterprises as defined in paragraphs 7#e7 and 7#h7 of section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb74 7#b7 ,legally authorized ,the term legally authorized means permitted under the laws of-- 7,a7 the ,united ,states2 7,b7 the ,state where the lands held in fee by an ,indian tribe or held in trust by the ,united ,states for the benefit on behalf of that ,indian tribe are located2 or 7,c7 an ,indian tribe4 ,,iii ,individual protections #cja4 ,expungement of criminal records for certain marijuana-related offenses 7a7 ,short title ,this section may be cited as the ,clean ,slate for ,marijuana ,offenses ,act of #bjag4 7b7 ,expungement ,chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after subchapter ,c the following3 ,d ,expungement ,sec4 #cfca4 ,expungement of certain criminal records in limited circumstances4 #cfcb4 ,requirements for expungement4 #cfcc4 ,procedure for expungement4 #cfcd4 ,effect of expungement4 #cfce4 ,disclosure of expunged records4 #cfca4 ,expungement of certain criminal records in limited circumstances 7a7 ,in general ,any individual convicted of a qualifying marijuana-related offense who fulfills the requirements of section #cfcb may1 upon petition for expungement made in accordance with this subchapter1 obtain an order granting expungement under this subchapter4 7b7 ,definition of qualifying marijuana-,related offense ,in this subchapter1 the term qualifying marijuana-related offense means an offense against the ,united ,states in which the conduct constituting the offense-- 7#a7 was legal under the ,state law or the law of the ,indian tribe at the time of the offense2 or 7#b7 was the possession of marijuana in a quantity is not greater than #a ounce4 7c7 ,definitions ,in this subchapter-- 7#a7 the term ,indian country has the meaning given the term in section #aaea2 7#b7 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 7#c7 the term ,state includes the ,district of ,columbia1 ,puerto ,rico1 and any other territory or possession of the ,united ,states4 #cfcb4 ,requirements for expungement ,no individual shall be eligible for an order of expungement under this subchapter unless1 before filing a petition under this subchapter1 such individual fulfills all requirements of the sentence for the conviction for which expungement is sought1 including completion of any term of imprisonment or period of probation1 meeting all conditions of a supervised release1 and paying all fines4 #cfcc4 ,procedure for expungement 7a7 ,petition ,an individual may file a petition for expungement of a conviction in the court in which the conviction was obtained4 ,a copy of the petition shall be served by the court upon the ,united ,states ,attorney for the judicial district of that court4 7b7 ,opportunity for ,government ,to contest petition ,not later than #fj days after the date a copy of a petition is served on the ,government under subsection 7a71 the ,government may1 if the ,government determines the facts do not support the petition1 inform the court and the petitioner that the ,government opposes granting expungement4 ,if the ,government does so inform the court and the petitioner1 the court shall allow the ,government and the petitioner an opportunity to present evidence and argument relating to the petition4 7c7 ,court-,ordered expungement ,if1 after the passage of the #fj-;day period described in subsection 7a7 or earlier1 if the ,government informs the court it will not oppose granting expungement or if proceedings related to that opposition have been completed1 the court determines the preponderance of the evidence before the court supports the granting of expungement under this subchapter1 the court shall issue an order granting that expungement4 ,if the court determines the petition is not supported by the preponderance of the evidence before the court1 the court shall deny the petition4 #cfcd4 ,effect of expungement 7a7 ,in general ,an order granting expungement under this subchapter restores the individual concerned1 in the contemplation of the law1 to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted4 7b7 ,no disqualification2 statements ,after an order under this subchapter granting expungement of an individual's criminal records1 that individual is not required to divulge information pertaining to the expunged conviction4 ,the fact that such individual has been convicted of the criminal offense concerned shall not operate as a disqualification of that individual to pursue or engage in any lawful activity1 occupation1 or profession4 ,such individual is not guilty of any perjury1 false answering1 or making a false statement by reason of that individual's failure to recite or acknowledge such arrest or institution of criminal proceedings1 or results thereof1 in response to an inquiry made of that individual for any purpose4 7c7 ,records ,to be destroyed ,except as provided in section #cfce1 upon order of expungement1 all official law enforcement and court records1 including all references to such person's arrest for the offense1 the institution of criminal proceedings against the individual1 and the results thereof1 except publicly available court opinions or briefs on appeal1 shall be permanently destroyed4 #cfce4 ,disclosure of expunged records 7a7 ,index ,to assist authorized disclosure ,the ,department of ,justice shall maintain a nonpublic manual or computerized record of expungement under this subchapter containing only the name of1 and alphanumeric identifiers selected by the ,department of ,justice that relate to1 the persons who obtained expungement under this subchapter1 and the order of expungement4 7b7 ,authorized disclosure to individual ,information in the index shall be made available only to the individual to whose expungement it pertains or to such individual's designated agent4 7c7 ,punishment for improper disclosure ,whoever knowingly discloses information relating to an expunged conviction other than as authorized in this subchapter shall be fined under this title or imprisoned not more than one year1 or both4 4 7c7 ,clerical amendment ,the table of subchapters at the beginning of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following item3 ,d4 ,expungement#cfca 4 7d7 ,effective ,date ,the amendments made by this section apply to individuals convicted of an offense before1 on1 or after the date of enactment of this ,act4 #cjb4 ,limit on drug testing for applicants for ,federal employment 7a7 ,definition ,in this section1 the term covered position means a position in the civil service 7as defined in section #baja of title #e1 ,united ,states ,code74 7b7 ,prohibition ,if an applicant for a covered position used marijuana in accordance with the law of a ,state or the law of an ,indian tribe that has jurisdiction over the ,indian country in which the use occurred1 before1 on1 or after the date on which the application is submitted1 the no agency1 establishment1 or other appointing authority in the executive1 legislative1 or judicial branch of the ,federal ,government may-- 7#a7 require the applicant to submit to a test that screens for the use of marijuana2 or 7#b7 in determining whether to appoint the applicant to the covered position-- 7,a7 use the results of a test indicating that an applicant for a covered position used marijuana1 in whole or in part2 or 7,b7 use any evidence that the applicant used marijuana4 #cjc4 ,fair access to education 7a7 ,short title ,this section may be cited as the ,fair ,access to ,education ,act of #bjag4 7b7 ,exclusion of misdemeanor marijuana possession offenses from drug-,related offenses resulting in suspension of eligibility for financial assistance for higher education ,section #dhd7r77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7r77#a77 is amended by inserting after controlled substance the following3 1 but not including any misdemeanor offense for possession of marihuana 7as such term is defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7714 7c7 ,applicability2 resumption of eligibility 7#a7 ,applicability ,the amendment made by subsection 7a7 shall apply to convictions for offenses described in the matter inserted by such amendment occurring before1 on1 and after the date of enactment of this ,act4 7#b7 ,resumption of eligibility ,any student whose eligibility for grants1 loans1 and work assistance under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 was suspended under section #dhd7a7 of such ,act by reason of a conviction1 before the date of enactment of this ,act1 for an offense described in the matter inserted by the amendment made by subsection 7a7 shall1 unless otherwise ineligible for such assistance1 resume eligibility upon such date of enactment4 #cjd4 ,civil forfeiture exemption for marijuana facilities authorized by ,state law ,section #eaa7;a77#g7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hha7;a77#g77 is amended-- 7#a7 by striking 7#g7 ,all and inserting 7#g77;,a7 ,except as provided in subparagraph 7,b71 all2 and 7#b7 by adding at the end the following3 7,b7 ,no real property1 including any right1 title1 and interest in the whole of any lot or tract of land and any appurtenances or improvements1 shall be subject to forfeiture under subparagraph 7,a7 due to marijuana-related conduct that is authorized by ,state law or the law of the ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 in which the conduct occurs4 4 #cje4 ,prohibition on inadmissibility or deportation of aliens who comply with ,state law 7a7 ,prohibition on inadmissibility ,section #bab7;a77#b77;,a77i77,,ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77,,ii77 is amended by inserting other than an act involving marijuana that is permitted under the laws of a ,state or the law of an ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 in which the act occurs after #hjb7714 7b7 ,prohibition on deportation ,section #bcg7;a77#b77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,b77i77 is amended by striking marijuana1 and inserting marijuana or an offense involving marijuana that is permitted under the laws of a ,state or the law of an ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd71 that has jurisdiction over the ,indian country1 as defined in section #aaea of title #ah1 ,united ,states ,code1 in which the offense occurs4 #cjf4 ,drug-related criminal activity in federally assisted housing 7a7 ,in general ,section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77 is amended-- 7#a7 by striking paragraph 7#i7 and inserting the following3 7#i7 ,drug-related criminal activity ,the term drug-related criminal activity-- 7,a7 means the illegal manufacture1 sale1 distribution1 use1 or possession with intent to manufacture1 sell1 distribute1 or use1 of a controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb772 and 7,b7 does not include the manufacture1 sale1 distribution1 use1 or possession with intent to manufacture1 sell1 distribute1 or use1 of marijuana if such activity is conducted in compliance with ,state law or the law of the ,indian tribe that has jurisdiction over the ,indian country where the activity occurs4 2 and 7#b7 by adding at the end the following3 7#ad7 ,indian country ,the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code4 7#ae7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#af7 ,marijuana ,the term marijuana has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 4 7b7 ,technical and conforming amendments 7#a7 ,quality ,housing and ,work ,responsibility ,act of #aiih ,section #egf of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa7 is amended by striking 7as such term is defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#b7 ,united ,states ,housing ,act of #aicg ,the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 is amended-- 7,a7 in section #f7l7 7#db ,u4,s4,c4 #adcg;d7l77-- 7i7 by redesignating the second paragraph designated as paragraph 7#g7 7relating to violations as cause for termination of tenancy7 as paragraph 7#h72 7ii7 in paragraph 7#i71 by redesignating paragraph 7#b7 as subparagraph 7,b71 and adjusting the margins accordingly2 and 7iii7 by striking the flush text following paragraph 7#i77;,b71 as so redesignated2 and 7,b7 in section #h7;f7 7#db ,u4,s4,c4 #adcg;f7f77-- 7i7 by striking paragraph 7#e72 and 7ii7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively4 ,,iv ,medical marijuana research and access #dja4 ,medical ,marijuana ,research ,act 7a7 ,short title ,this section may be cited as the ,medical ,marijuana ,research ,act of #bjag4 7b7 ,definitions ,in this section-- 7#a7 the term qualified medical marijuana researcher means a researcher who is registered to conduct research with marijuana under section #cjc7;f77#c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7;f77#c771 as amended by subsection 7d72 and 7#b7 the term ,secretary means the ,secretary of ,health and ,human ,services4 7c7 ,production and supply 7#a7 ,in general ,the ,secretary-- 7,a7 until the date on which the ,secretary determines that manufacturers and distributors 7other than the ,federal ,government7 can ensure a sufficient supply of marijuana for qualified medical marijuana researchers1 shall-- 7i7 continue to produce marijuana through the ,national ,institute on ,drug ,abuse ,drug ,supply ,program2 and 7ii7 offer for sale immature marijuana plants and the seeds of marijuana-- 7,i7 to all qualified medical marijuana researchers who submit a request for such plants or seeds to engage in research pursuant to section #cjc7;f77#c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7;f77#c771 as amended by subsection 7d72 and 7,,ii7 in quantities sufficient to produce an adequate supply of marijuana for such research2 and 7,b7 beyond the date specified in subparagraph 7,a71 may1 at the ,secretary's discretion1 continue to so produce and supply marijuana4 7#b7 ,requirement to verify registration ,before supplying marijuana to any person through the ,national ,institute on ,drug ,abuse ,drug ,supply ,program1 the ,secretary shall-- 7,a7 require the person to submit documentation demonstrating that the person is a qualified medical marijuana researcher seeking to conduct research pursuant to the section #cjc7;f77#c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7;f77#c771 as amended by subsection 7d72 and 7,b7 not later than #cj days after receipt of such documentation1 review such documentation and verify that the marijuana will be used for such research4 7#c7 ,guidelines on production ,the ,commissioner of ,food and ,drugs1 in consultation with the ,director of the ,national ,institute on ,drug ,abuse1 shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 issue guidelines on the production of marijuana by qualified medical marijuana researchers pursuant to paragraph 7#a77;,a77ii72 and 7,b7 encourage researchers and manufacturers that are authorized to produce or manufacture marijuana pursuant to section #cjc of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc71 as amended by this section1 to comply with such guidelines to the extent applicable4 7#d7 ,definition ,in this subsection1 the term immature marijuana plant means a marijuana plant with no observable flowers or buds4 7d7 ,facilitating marijuana research 7#a7 ,in general ,section #cjc7;f7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7;f77 is amended-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively2 7,b7 by striking 7f7 ,the ,attorney ,general and inserting 7f77#a7 ,the ,attorney ,general2 7,c7 by striking ,registration applications and inserting the following3 7#b7 ,registration applications 2 7,d7 in paragraph 7#b71 as so designated1 by striking schedule ,i each place that term appears and inserting schedule ,i1 except marijuana12 7,e7 by striking ,article #g and inserting the following3 7#d7 ,article #g 2 and 7,f7 by inserting before paragraph 7#d71 as so designated1 the following3 7#c7 7,a7 ,the ,attorney ,general shall register a practitioner to conduct research with marijuana if-- 7i7 the applicant is authorized to dispense1 or conduct research with respect to1 controlled substances in schedules ,,ii1 ,,iii1 ,,iv1 and ,v under the laws of the ,state in which the applicant practices2 7ii7 the applicant's research protocol-- 7,i7 has been reviewed and allowed by-- 7aa7 the ,secretary under section #eje7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;i772 or 7bb7 the ,national ,institutes of ,health or another ,federal agency that funds scientific research2 or 7,,ii7 in the case of nonhuman research that is not federally funded1 has been voluntarily submitted by the applicant to1 and approved by1 the ,national ,institutes of ,health2 and 7iii7 the applicant has demonstrated that there are effective procedures in place to adequately safeguard against diversion of the marijuana from legitimate medical or scientific use1 in accordance with subparagraph 7,e74 7,b7 ,the ,attorney ,general shall grant an application for registration under this paragraph unless the ,attorney ,general determines that the issuance of the registration would be inconsistent with the public interest4 ,in determining the public interest1 the following factors shall be considered3 7i7 ,the applicant's experience in dispensing1 or conducting research with respect to1 controlled substances4 7ii7 ,the applicant's conviction record under ,federal or ,state laws relating to the manufacture1 distribution1 or dispensing of controlled substances4 7iii7 ,compliance with applicable ,state1 ,federal1 or local laws relating to controlled substances4 7iv7 ,such other conduct by the applicant that may threaten the public health and safety4 7,c7 ,not later than #ij days after the date of enactment of the ,medical ,marijuana ,research ,act of #bjag1 for purposes of subparagraph 7,a77ii77,,ii71 the ,national ,institutes of ,health shall establish a process that-- 7i7 allows a researcher to voluntarily submit the research protocol of the researcher for review and approval2 and 7ii7 provides a researcher described in clause 7i7 with a decision not less than #cj days after the date on which the research protocol is submitted4 7,d7 7i7 ,not later than #fj days after the date on which the ,attorney ,general receives a complete application for registration under this paragraph1 the ,attorney ,general shall approve or deny the application4 7ii7 ,for purposes of clause 7i71 an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under subparagraph 7,a7 are satisfied4 7,e7 7i7 ,a researcher registered under this paragraph shall store marijuana to be used in research in a securely locked1 substantially constructed cabinet4 7ii7 ,except as provided in clause 7i71 any security measures required by the ,attorney ,general for practitioners conducting research with marijuana pursuant to a registration under this paragraph shall be consistent with the security measures for practitioners conducting research on other controlled substances in schedule ,,ii that have a similar risk of diversion and abuse4 7,f7 7i7 ,if the ,attorney ,general grants an application for registration under this paragraph1 the applicant may amend or supplement the research protocol without reapplying if the applicant does not-- 7,i7 change the type of drug1 the source of the drug1 or the conditions under which the drug is stored1 tracked1 or administered2 or 7,,ii7 otherwise increase the risk of diversion4 7ii7 ,if an applicant amends or supplements the research protocol or initiates research on a new research protocol under clause 7i71 the applicant shall1 in order to renew the registration under this paragraph1 provide notice to the ,attorney ,general of the amended or supplemented research protocol or any new research protocol in the applicant's renewal materials4 7iii7 7,i7 ,if an applicant amends or supplements a research protocol and the amendment or supplement involves a change to the type of drug1 the source of the drug1 or conditions under which the drug is stored1 tracked1 or administered or otherwise increases the risk of diversion1 the applicant shall provide notice to the ,attorney ,general not later than #cj days before proceeding on such amended or supplemental research or new research protocol1 as the case may be4 7,,ii7 ,if the ,attorney ,general does not object during the #cj-;day period following a notification under subclause 7,i71 the applicant may proceed with the amended or supplemental research or new research protocol4 7iv7 ,the ,attorney ,general may object to an amended or supplemental protocol or a new research protocol under clause 7i7 or 7iii7 only if additional security measures are needed to safeguard against diversion or abuse4 7,g7 ,if marijuana or a compound of marijuana is listed on a schedule other than schedule ,i1 the provisions of paragraphs 7#a71 7#b71 and 7#d7 that apply to research with a controlled substance in the applicable schedule shall apply to research with marijuana or that compound1 as applicable1 in lieu of the provisions of subparagraphs 7,a7 through 7,f7 of this paragraph4 4 7#b7 ,conforming amendment ,section #ajb7af7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7af77 is amended by inserting or marijuana after ,the term marihuana4 7e7 ,manufacture and distribution of marijuana for use in legitimate1 medical research ,section #cjc of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc71 as amended by subsection 7d71 is further amended by adding at the end the following3 7k7 ,registration of persons ,to manufacture and distribute marijuana for use in legitimate1 medical research 7#a7 ,registration of manufacturers ,beginning not later than the day that is #a year after the date of enactment of the ,medical ,marijuana ,research ,act of #bjag1 the ,attorney ,general shall register an applicant to manufacture marijuana to the extent the marijuana will be used exclusively by qualified medical marijuana researchers for research pursuant to subsection 7f77#c71 unless the ,attorney ,general determines that the issuance of such registration is inconsistent with the public interest4 ,in determining the public interest1 the ,attorney ,general shall-- 7,a7 take into consideration-- 7i7 maintenance of effective controls against diversion of marijuana and any controlled substance compounded therefrom into other than legitimate medical1 scientific1 or research channels2 7ii7 compliance with applicable ,state and local law2 and 7iii7 prior conviction record of the applicant under ,federal or ,state laws relating to the manufacture1 distribution1 or dispensing of such substances2 and 7,b7 not take into consideration any factors other than the factors listed in subparagraph 7,a74 7#b7 ,registration of distributors ,beginning not later than the day that is #a year after the date of enactment of the ,medical ,marijuana ,research ,act of #bjag1 the ,attorney ,general shall register an applicant to distribute marijuana that is intended to be used exclusively by qualified medical marijuana researchers for research pursuant to subsection 7f77#c71 unless the ,attorney ,general determines that the issuance of such registration is inconsistent with the public interest4 ,in determining the public interest1 the ,attorney ,general shall-- 7,a7 take into consideration-- 7i7 maintenance of effective controls against diversion of marijuana and any controlled substance compounded therefrom into other than legitimate medical1 scientific1 or research channels2 7ii7 compliance with applicable ,state and local law2 7iii7 prior conviction record of the applicant under ,federal or ,state laws relating to the manufacture1 distribution1 or dispensing of such substances2 and 7iv7 past experience in the distribution of controlled substances1 and the existence in the establishment of effective controls against diversion2 and 7,b7 not take into consideration any factors other than the factors listed in subparagraph 7,a74 7#c7 ,no limit on number of manufacturers and distributors ,notwithstanding any other provision of law1 the ,attorney ,general shall not impose or implement any limit on the number of persons eligible to be registered to manufacture or distribute marijuana pursuant to paragraph 7#a7 or 7#b74 7#d7 ,requirement to verify use for legitimate1 medical research ,as a condition on registration under this section to manufacture or distribute marijuana1 the ,attorney ,general shall require the registrant-- 7,a7 to require any person to whom the marijuana will be supplied to submit documentation demonstrating that the marijuana will be used exclusively by qualified medical marijuana researchers for research pursuant to subsection 7f77#c72 and 7,b7 not later than #cj days after receipt of such documentation1 and before supplying the marijuana to such person1 to review such documentation and verify that the marijuana will be so used4 7#e7 ,timing ,not later than #cj days after receipt of a request for registration under this subsection to manufacture or distribute marijuana1 the ,attorney ,general shall-- 7,a7 grant or deny the request2 and 7,b7 in the case of a denial1 provide a written explanation of the basis for the denial4 7#f7 ,definition ,for purposes of this subsection1 the term qualified medical marijuana researcher means a researcher who is registered to conduct research with marijuana under subsection 7f77#c74 4 7f7 ,termination of interdisciplinary review process for non-,,nih-,funded researchers ,the ,secretary may not-- 7#a7 reinstate the ,public ,health ,service interdisciplinary review process described in the guidance entitled ,guidance on ,procedures for the ,provision of ,marijuana for ,medical ,research 7issued on ,may #ba1 #aiii72 or 7#b7 create an additional review of scientific protocols that is only conducted for research on marijuana other than the review of research protocols performed at the request of a researcher conducting nonhuman research that is not federally funded1 in accordance with section #cjc7;f77#c77;,a77ii77,,ii7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7;f77#c77;,a77ii77,,ii771 as amended by subsection 7d74 7g7 ,consideration of results of research ,immediately upon the approval by the ,food and ,drug ,administration of an application for a marijuana-based drug under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee71 and 7irrespective of whether any such approval is granted7 not later than the date that is #e years after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 conduct a review of existing medical and other research with respect to marijuana2 7#b7 submit a report to the ,congress on the results of such review2 and 7#c7 include in such report whether1 taking into consideration the factors listed in section #bja7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7;c771 as well as any potential for medical benefits1 any gaps in research1 and any impacts of ,federal restrictions and policy on research1 marijuana should be transferred to a schedule other than schedule ,i 7if marijuana has not been so transferred already74 7h7 ,no production quotas for marijuana grown for legitimate1 medical research ,section #cjf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbf7 is amended by adding at the end the following3 7i7 ,the ,attorney ,general may only establish a quota for production of marijuana that is manufactured and distributed in accordance with the ,medical ,marijuana ,research ,act of #bjag that meets the changing medical1 scientific1 and industrial needs for marijuana4 4 7i7 ,article #bh of the ,single ,convention on ,narcotic ,drugs ,article #bh of the ,single ,convention on ,narcotic ,drugs shall not be construed to prohibit1 or impose additional restrictions upon1 research involving marijuana1 or the manufacture1 distribution1 or dispensing of marijuana1 that is conducted in accordance with the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 this section1 and the amendments made by this section4 7j7 ,no interference by ,department of ,justice ,the ,attorney ,general1 and any officer or employee of the ,department of ,justice1 shall not interfere with the production1 distribution1 and sale of marijuana in accordance with this section and the amendments made by this section4 #djb4 ,provision by health care providers of the ,department of ,veterans ,affairs of recommendations and opinions regarding veteran participation in ,state marijuana programs 7a7 ,short title ,this section may be cited as the ,veterans ,equal ,access ,act of #bjag4 7b7 ,authorization ,notwithstanding any other provision of law1 the ,secretary of ,veterans ,affairs shall authorize physicians and other health care providers employed by the ,department of ,veterans ,affairs-- 7#a7 to provide recommendations and opinions to veterans who are residents of ,states with ,state marijuana programs regarding the participation of veterans in such ,state marijuana programs2 and 7#b7 to complete forms reflecting such recommendations and opinions4 #djc4 ,provision by medical professionals of the ,indian ,health ,service of recommendations and opinions regarding participation in ,state marijuana programs 7#a7 ,in general ,notwithstanding any other provision of law1 ,,ihs medical professionals are authorized to make medical recommendations to their patients with regard to marijuana and to complete forms reflecting such recommendations4 7#b7 ,definitions ,in this subsection3 7,a7 ,,ihs medical professional ,the term ,,ihs medical professional means a physician or other health professional furnishing services through an ,indian health program 7as defined in section #ajh7;a77#b7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afaf;a7a77#b7774 7,b7 ,recommendations ,the term recommendations does not include dispensing 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774