,,ii #aagth ,,congress #b;d ,session ,s4 #deia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ba1 #bjbb,mr4 ,booker 7for himself1 ,mr4 ,wyden1 ,mr4 ,schumer1 ,mrs4 ,murray1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to decriminalize and deschedule cannabis1 to provide for reinvestment in certain persons adversely impacted by the ,war on ,drugs1 to provide for expungement of certain cannabis offenses1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,cannabis ,administration and ,opportunity ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,,title ,i--,decriminalization of cannabis1 public safety1 and ,states' rights,subtitle ,a--,decriminalization of cannabis,sec4 #aja4 ,decriminalization of cannabis4,sec4 #ajb4 ,transferring agency functions with regard to cannabis4,subtitle ,b--,public safety and ,states' rights,sec4 #aaa4 ,states' rights4,sec4 #aab4 ,diversion of cannabis4,,title ,,ii--,research1 training1 and prevention,subtitle ,a--,public ,health and ,biomedical ,research,sec4 #bja4 ,societal impact of cannabis legalization study4,sec4 #bjb4 ,biomedical research on cannabis4,sec4 #bjc4 ,public health surveillance and data collection4,sec4 #bjd4 ,awards to prevent underage cannabis use4,sec4 #bje4 ,national media campaigns on cannabis use4,sec4 #bjf4 ,increasing availability of cannabis products for research purposes4,sec4 #bjg4 ,trans-,,nih cannabis consortium4,sec4 #bjh4 ,cannabis research interagency advisory committee4,sec4 #bji4 ,awards for cannabis research4,sec4 #baj4 ,department of ,veterans ,affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder4,sec4 #baa4 ,cannabis research infrastructure grants4,subtitle ,b--,cannabis-,impaired driving prevention,sec4 #bba4 ,definitions4,sec4 #bbb4 ,cannabis-impaired driving research4,sec4 #bbc4 ,,dot cannabis-impaired driving prevention programs4,sec4 #bbd4 ,state cannabis-impaired driving prevention grant program4,sec4 #bbe4 ,national cannabis impairment standard4,sec4 #bbf4 ,funding4,,title ,,iii--,restorative justice and opportunity,subtitle ,a--,opportunity trust fund programs,sec4 #cja4 ,opportunity trust fund programs4,sec4 #cjb4 ,comprehensive opioid1 stimulant1 and substance use disorder program4,sec4 #cjc4 ,availability of small business administration programs and services to cannabis-related legitimate businesses and service providers4,sec4 #cjd4 ,demographic data of cannabis business owners and employees4,sec4 #cje4 ,pilot program4,sec4 #cjf4 ,eliminating disparities among cannabis-related legitimate businesses and service providers4,subtitle ,b--,restorative justice,sec4 #caa4 ,resentencing and expungement4,sec4 #cab4 ,no discrimination in the provision of a ,federal public benefit on the basis of cannabis4,sec4 #cac4 ,no adverse effect for purposes of the immigration laws4,sec4 #cad4 ,provision by health care providers of the ,department of ,veterans ,affairs of recommendations and opinions regarding veteran participation in cannabis programs4,sec4 #cae4 ,provision by health care providers of ,indian health programs of recommendations and opinions regarding participation in cannabis programs4,,title ,,iv--,taxation and ,establishment of ,trust ,fund,sec4 #dja4 ,creation of ,opportunity ,trust ,fund and imposition of taxes with respect to cannabis products4,,title ,v--,public health1 cannabis administration1 and trade practices,subtitle ,a--,public health,sec4 #eja4 ,,fda regulation of cannabis4,sec4 #ejb4 ,amendments to the ,federal ,food1 ,drug1 and ,cosmetic ,act4,sec4 #ejc4 ,expedited review4,sec4 #ejd4 ,regulation of cannabidiol4,sec4 #eje4 ,transition periods4,sec4 #ejf4 ,amendment to the ,poison ,prevention ,packaging ,act4,sec4 #ejg4 ,funding for ,,fda4,subtitle ,b--,federal cannabis administration,sec4 #eaa4 ,federal cannabis administration4,sec4 #eab4 ,increased funding for the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau4,,title ,,vi--,workplace health and safety provisions,sec4 #fja4 ,definitions4,sec4 #fjb4 ,finding regarding employers in the cannabis industry4,sec4 #fjc4 ,cannabis as a targeted topic for ,susan ,harwood training grant program4,sec4 #fjd4 ,guidance on recommended practices4,sec4 #fje4 ,workplace impact of cannabis legalization4,sec4 #fjf4 ,grants for community-based education1 outreach1 and enforcement with respect to the rights of workers in the cannabis industry4,,title ,,vii--,banking1 ,housing1 and ,community ,development,sec4 #gja4 ,purposes2 sense of ,congress4,sec4 #gjb4 ,requirements for filing suspicious activity reports4,sec4 #gjc4 ,guidance and examination procedures4,sec4 #gjd4 ,investment in communities4,sec4 #gje4 ,fair hiring in banking4,sec4 #gjf4 ,fair access to financial services4,sec4 #gjg4 ,consumer protections for individuals with nonviolent criminal record4,,title ,,viii--,miscellaneous,sec4 #hja4 ,comptroller ,general review of laws and regulations4,sec4 #hjb4 ,cannabis ,products ,advisory ,committee4,sec4 #hjc4 ,definition of hemp under ,,usda domestic hemp production program4,sec4 #hjd4 ,grants for hiring and training relating to cannabis enforcement4,sec4 #hje4 ,severability4 #b4 ,findings ,the ,congress finds as follows3 7#a7 ,the communities that have been most harmed by cannabis prohibition are benefitting the least from the legal marijuana marketplace4 7#b7 ,a legacy of racial and ethnic injustices1 compounded by the disproportionate collateral consequences of #hj years of cannabis prohibition enforcement1 now limits participation in the industry4 7#c7 #ch ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 the ,u4,s4 ,virgin ,islands1 and ,indian ,tribes have adopted laws allowing legal access to cannabis1 and #ai ,states1 the ,district of ,columbia1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,guam have adopted laws legalizing cannabis for adult recreational use4 7#d7 ,a total of #di ,states have reformed their laws pertaining to cannabis despite the ,schedule ,i status of marijuana and its ,federal criminalization4 7#e7 ,legal cannabis businesses support more than #dbh1jjj jobs throughout the ,united ,states4 7#f7 ,legal cannabis sales totaled #be1jjj1jjj1jjj in #bjba and are projected to reach #de1jjj1jjj1jjj by #bjbe4 7#g7 ,according to the ,american ,civil ,liberties ,union 7,,aclu71 enforcing cannabis prohibition laws costs taxpayers approximately #c1fjj1jjj1jjj a year4 7#h7 ,the continued enforcement of cannabis prohibition laws resulted in over #cej1jjj arrests in #bjbj1 disproportionately impacting people of color who are almost #d times more likely to be arrested for cannabis possession than their ,white counterparts1 despite equal rates of use across populations4 7#i7 ,people of color and ,native ,americans have been historically targeted by discriminatory sentencing practices resulting in ,black men receiving drug sentences that are #ac4a percent longer than sentences imposed for ,white men and ,latinos being nearly #f4e times more likely to receive a ,federal sentence for cannabis possession than non-,hispanic ,whites4 7#aj7 ,in #bjac1 simple cannabis possession was the fourth most common cause of deportation for any offense and the most common cause of deportation for drug law violations4 ,since #bjjc1 the ,united ,states has deported more than #de1jjj people whose most serious conviction was cannabis possession4 7#aa7 ,fewer than one-fifth of cannabis business owners identify as minorities and only approximately #b percent are ,black4 7#ab7 ,applicants for cannabis licenses are limited by numerous laws1 regulations1 and exorbitant permit applications1 licensing fees1 and costs in these ,states1 which can require more than #gjj1jjj4 7#ac7 ,historically disproportionate arrest and conviction rates make it particularly difficult for people of color to enter the legal cannabis marketplace1 as most ,states bar these individuals from participating4 7#ad7 ,federal law severely limits access to loans and capital for cannabis businesses1 disproportionately impacting minority and ,tribal small business owners4 7#ae7 ,some ,states1 ,indian ,tribes1 and municipalities have taken proactive steps to mitigate inequalities in the legal cannabis marketplace and ensure equal participation in the industry4 #c4 ,definitions ,in this ,act3 7#a7 ,cannabis2 cannabis product ,the terms cannabis and cannabis product have the same meanings given such terms in subsection 7ss7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 7as added by section #ejb of this ,act74 7#b7 ,cannabis offense ,the term cannabis offense means a criminal offense related to cannabis-- 7,a7 that1 under ,federal law1 is no longer punishable pursuant to this ,act or the amendments made under this ,act2 or 7,b7 that1 under ,state law1 is no longer an offense or that was designated a lesser offense or for which the penalty was reduced under ,state law pursuant to or following the adoption of a ,state law authorizing the sale or use of cannabis4 7#c7 ,indian ,tribe ,the term ,indian ,tribe means the governing body of any individually identified and federally recognized ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 affiliated ,tribal group1 or component reservation included on the list published most recently as of the date of enactment of this ,act pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a774 ,i ,decriminalization of cannabis1 public safety1 and ,states' rights ,a ,decriminalization of cannabis #aja4 ,decriminalization of cannabis 7a7 ,cannabis removed from schedule of controlled substances 7#a7 ,removal in statute ,schedule ,i of section #bjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 is amended-- 7,a7 in subsection 7c7-- 7i7 by striking 7#aj7 ,marihuana42 and 7ii7 in paragraph 7#ag71 by inserting in cannabis 7as defined in section #bja7ss77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7ss77#a777 or tetrahydrocannabinols before in hemp2 and 7,b7 in subsection 7d77#b71 by adding at the end the following new subparagraph3 7,c7 ,such term does not include any substance made of or derived from cannabis 7as defined in section #bja7ss77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7ss77#a77 or hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio77 4 7#b7 ,removal from schedule ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall finalize a rulemaking under section #bja7;a77#b7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7;a77#b77 removing marihuana and tetrahydrocannabinols in cannabis 7as defined in section #bja7ss77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7ss77#a777 from the schedules of controlled substances4 ,for the purposes of the ,controlled ,substances ,act1 marihuana and tetrahydrocannabinols in cannabis 7as so defined7 shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule4 ,a rulemaking under this paragraph shall be considered to have taken effect as of the date of enactment of this ,act for purposes of any offense committed1 case pending1 conviction entered1 and1 in the case of a juvenile1 any offense committed1 case pending1 and adjudication of juvenile delinquency entered before1 on1 or after the date of enactment of this ,act4 7#c7 ,rescheduling review of non-cannabis derived tetrahydrocannibinols and cannabimimetic agents 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall initiate a review of the schedules applicable to the substances described in subsections 7c77#ag7 and 7d7 of ,schedule ,i of section #bjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab74 7,b7 ,motion to transfer ,pursuant to the findings of the review conducted under subparagraph 7,a71 the ,secretary of ,health and ,human ,services shall1 as appropriate1 initiate a motion to transfer such substances between schedules pursuant to section #bja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa74 7b7 ,conforming amendments to controlled substances act ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb 7#ba ,u4,s4,c4 #hjb7-- 7,a7 by striking paragraph 7#af72 and 7,b7 in paragraph 7#dd71 by striking marihuana12 7#b7 in section #dja7;b7 7#ba ,u4,s4,c4 #hda7;b77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7vi71 by inserting or after the semicolon2 7,,ii7 by striking clause 7vii72 and 7,,iii7 by redesignating clause 7viii7 as clause 7vii72 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7vi71 by inserting or after the semicolon2 7,,ii7 by striking clause 7vii72 and 7,,iii7 by redesignating clause 7viii7 as clause 7vii72 7iii7 in subparagraph 7,c71 in the first sentence1 by striking subparagraphs 7,a71 7,b71 and 7,d7 and inserting subparagraphs 7,a7 and 7,b72 7iv7 by striking subparagraph 7,d72 7v7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7vi7 in subparagraph 7,d77i71 as so redesignated1 by striking subparagraphs 7,c7 and 7,d7 and inserting subparagraph 7,c72 7,b7 by striking paragraph 7#d72 and 7,c7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#c7 in section #djb7;c77#b77;,b7 7#ba ,u4,s4,c4 #hdb7;c77#b77;,b771 by striking 1 marihuana12 7#d7 in section #djc7;d77#a7 7#ba ,u4,s4,c4 #hdc7;d77#a771 by striking 1 marihuana12 7#e7 in section #dah7;a7 7#ba ,u4,s4,c4 #hei7;a771 by striking the last sentence2 7#f7 in section #dai7;a7 7#ba ,u4,s4,c4 #hfj7;a771 by striking the last sentence2 7#g7 in section #dbb7;d7 7#ba ,u4,s4,c4 #hfc7;d77-- 7,a7 in the matter preceding paragraph 7#a71 by striking marijuana1 cocaine1 hashish1 hashish oil1 and inserting cocaine12 and 7,b7 in paragraph 7#e71 by striking 1 such as a marihuana cigarette12 7#h7 in section #eaf7;d7 7#ba ,u4,s4,c4 #hhf7;d771 by striking section #dja7;b77#f7 each place the term appears and inserting section #dja7;b77#e72 and 7#i7 in section #ajaj7;b7 7#ba ,u4,s4,c4 #ifj7;b77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,f71 by inserting or after the semicolon2 7ii7 by striking subparagraph 7,g72 7iii7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 and 7iv7 in subparagraph 7,g71 as so redesignated1 by striking the period at the end and inserting a semicolon2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,f71 by inserting or after the semicolon2 7ii7 by striking subparagraph 7,g72 7iii7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 and 7iv7 in subparagraph 7,g71 as so redesignated1 by striking the period at the end and inserting a semicolon2 7,c7 by striking paragraph 7#d72 and 7,d7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively4 7c7 ,other conforming amendments 7#a7 ,national forest system drug control act of #aihf ,the ,national ,forest ,system ,drug ,control ,act of #aihf 7#af ,u4,s4,c4 #eei;b et seq47 is amended-- 7,a7 in section #aejjb7;a7 7#af ,u4,s4,c4 #eei;b7a77 by striking marijuana and other2 7,b7 in section #aejjc7b7 7#af ,u4,s4,c4 #eei;c7#b77 by striking marijuana and other2 and 7,c7 in section #aejjd7b7 7#af ,u4,s4,c4 #eei;d7#b77 by striking marijuana and other4 7#b7 ,interception of communications ,section #beaf of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7#a77;e71 by striking marihuana12 and 7,b7 in subsection 7#b7 by striking marihuana4 7#c7 ,,fmcsa provisions 7,a7 ,conforming amendment ,section #cacja7e7 of title #di1 ,united ,states ,code1 is amended by striking section #cacjf1 and inserting sections #cacjf1 #cacjf;a1 and subsections 7b7 and 7c7 of section #cacaj14 7,b7 ,definition ,section #cacjf7;a7 of title #di1 ,united ,states ,code1 is amended-- 7i7 by striking means any substance and inserting the following3 means-- 7#a7 any substance 2 and 7ii7 by striking the period at the end and inserting 2 and 7#b7 any substance not covered under paragraph 7#a7 that was a substance under such section as of ,december #a1 #bjah1 and specified by the ,secretary of ,transportation4 4 7,c7 ,disqualifications ,section #cacaj7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,in this subsection and subsection 7c71 the term controlled substance has the meaning given such term in section #cacjf7;a74 4 7#d7 ,,faa provisions ,section #deaja of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking means any substance and inserting the following3 means-- 7,a7 any substance 2 and 7,b7 by striking the period at the end and inserting 2 and 7,b7 any substance not covered under subparagraph 7,a7 that was a substance under such section as of ,december #a1 #bjah1 and specified by the ,secretary of ,transportation4 4 7#e7 ,,fra provisions ,section #bjadj7;a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking means any substance and inserting the following3 means-- 7#a7 any substance 2 and 7,b7 by striking the period at the end and inserting 2 and 7#b7 any substance not covered under paragraph 7#a7 that was a substance under such section as of ,december #a1 #bjah1 and specified by the ,secretary of ,transportation4 4 7#f7 ,,fta provisions ,section #ecca7;a77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking means any substance and inserting the following3 means-- 7,a7 any substance 2 and 7,b7 by striking the period at the end and inserting 2 and 7,b7 any substance not covered under subparagraph 7,a7 that was a substance under such section as of ,december #a1 #bjah1 and whose use the ,secretary of ,transportation decides has a risk to transportation safety4 4 7#g7 ,prison contraband ,section #agia7;d77#a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 by striking marijuana or2 7,b7 in subparagraph 7,b71 by striking marijuana or2 and 7,c7 in subparagraph 7,d71 by inserting 1 cannabis1 as defined in section #c of the ,cannabis ,administration and ,opportunity ,act1 after subsection74 7#h7 ,other contraband ,section #hjcjb7;a77#a7 of title #di1 ,united ,states ,code1 is amended by striking 1 including marihuana 7as defined in section #ajb of that ,act 7#ba ,u4,s4,c4 #hjb7714 7#i7 ,tariff ,act provisions ,section #ehd7;a77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aehd7;a77#b77 is amended-- 7,a7 by striking the second sentence and inserting ,if any of such merchandise so found consists of smoking opium or opium prepared for smoking1 the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for smoking opium or opium prepared for smoking being in such merchandise shall be liable to a penalty of #ejj for each ounce thereof so found42 and 7,b7 by striking the last sentence and inserting ,as used in this paragraph1 the term opiate shall have the same meaning given that term by sections #ajb7ah7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7ah7744 7d7 ,retroactivity 7#a7 ,in general ,the amendments made by this section to the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 are retroactive and shall apply to any offense committed1 case pending1 conviction entered1 and1 in the case of a juvenile1 any offense committed1 case pending1 or adjudication of juvenile delinquency entered before1 on1 or after the date of enactment of this ,act4 7#b7 ,application to pending actions ,with respect to any pending criminal charges or case and conviction awaiting sentencing that is impacted by the amendments to the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 made by this section1 the ,government shall drop the relevant charges or seek dismissal of all pending charges not later than #cj days after the date of enactment of this ,act4 ,any person held in pretrial detention and entitled to dismissal of relevant charges under this provision1 and not detained for any other reason1 shall be entitled to issuance of a writ under section #acfa or #bbda of title #bh1 ,united ,states ,code1 to effectuate immediate release4 7#c7 ,application to defendants previously sentenced ,not later than #fj days after the date of enactment of this ,act1 the ,director of the ,bureau of ,prisons1 ,united ,states ,marshals ,service1 or ,united ,states ,parole ,commission1 as applicable1 shall release from its control1 and the sentencing court shall enter an order vacating the conviction and sentence for1 any individual convicted or sentenced before the date of enactment of this ,act for any ,federal offense involving marijuana1 marihuana 7as defined in section #bjb7af7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7af7771 or tetrahydrocannabinols and is not serving a sentence for any conduct not covered by this ,act or serving multiple sentences as provided in section #cehd of title #ah1 ,united ,states ,code4 ,any person not so timely released and entitled to such release under this provision shall be entitled to issuance of a writ under section #acfa or #bbda of title #bh1 ,united ,states ,code1 to effectuate immediate release4 7#d7 ,cumulative sentencing reconsideration ,in the case of a defendant who1 before the date of enactment of this ,act1 was convicted or sentenced for any ,federal offense involving marijuana1 marihuana1 or tetrahydrocannabinols1 and1 after vacatur of that sentence1 is also serving a sentence for any other crime not covered by this ,act1 or in the case of a defendant who was convicted or sentenced for any ,federal offense the sentencing range for which was elevated based on a prior conviction for an offense involving marijuana1 marihuana1 or tetrahydrocannabinols1 the sentencing court may1 on motion of the defendant1 the ,director of the ,bureau of ,prisons1 the ,attorney ,general1 or1 on its own motion1 impose a reduced sentence after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code4 7e7 ,special rule for federal employee testing ,section #ejc of the ,supplemental ,appropriations ,act1 #aihg 7#e ,u4,s4,c4 #gcja note7 is amended by adding at the end the following3 7h7 ,cannabis 7#a7 ,testing for cannabis 7,a7 ,in general ,for purposes of ,executive ,order #abefd1 cannabis shall not be treated as an illegal drug4 7,b7 ,exception for drug testing ,notwithstanding subparagraph 7,a7 or the ,cannabis ,administration and ,opportunity ,act and the amendments made thereby1 the ,secretary of ,health and ,human ,services or the head of an agency may deem cannabis to be a schedule ,i controlled substance within the meaning of section #ajb7f7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7f771 and unlawful to possess under title ,,ii or ,,iii of such ,act1 exclusively for the purpose of drug testing of any law enforcement officer 7as defined in section #hcca of title #e1 ,united ,states ,code7 or any ,federal employee in a position that the head of an agency determines1 in writing1 to have significant involvement in national security or the protection of life1 property1 public health1 or public safety1 provided that either such employee is subject to this section1 ,executive ,order #abefd1 or other applicable ,federal laws and orders4 7#b7 ,definition ,the term cannabis has the meaning given the term in section #c of the ,cannabis ,administration and ,opportunity ,act4 4 7f7 ,special rule for certain regulations 7#a7 ,in general ,the amendments made by this section may not be construed to abridge the authority of the ,secretary of ,transportation1 or the ,secretary of the department in which the ,coast ,guard is operating1 to regulate and screen for the use of a controlled substance4 7#b7 ,controlled substance defined ,in this subsection1 the term controlled substance means-- 7,a7 any substance covered under section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 on the day before the date of enactment of this ,act2 and 7,b7 any substance not covered under subparagraph 7,a7 that was a substance covered under section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 on ,december #a1 #bjah1 and specified by the ,secretary of ,transportation4 #ajb4 ,transferring agency functions with regard to cannabis 7a7 ,transfer of jurisdiction from the ,drug ,enforcement ,administration to the ,department of ,health and ,human ,services and the ,department of the ,treasury ,the functions of the ,attorney ,general1 acting through the ,administrator of the ,drug ,enforcement ,administration relating to cannabis enforcement1 shall hereafter be administered by-- 7#a7 the ,secretary of ,health and ,human ,services1 and 7#b7 the ,secretary of the ,treasury4 7b7 ,redesignation of ,alcohol and ,tobacco ,tax and ,trade ,bureau as ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau 7#a7 ,redesignation ,section #aaaa7;d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #eca7;d77 is amended by striking ,tax and ,trade ,bureau each place it appears and inserting ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau4 7#b7 ,references ,any reference to the ,tax and ,trade ,bureau or the ,alcohol and ,tobacco ,tax and ,trade ,bureau in any law1 regulation1 map1 document1 record1 or other paper of the ,united ,states shall be deemed to be a reference to the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau4 7c7 ,memorandum of ,understanding 7#a7 ,in general ,for purposes of carrying out the purposes of this ,act1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,treasury 7acting through the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau1 as so redesignated under subsection 7b77 and the ,secretary of ,health and ,human ,services 7acting through the ,commissioner of ,food and ,drugs7 shall enter into memorandum of understanding regarding coordination of their respective responsibilities with regard to regulation of cannabis and cannabis products4 7#b7 ,compliance burdens ,for purposes of establishing the memorandum of understanding described in paragraph 7#a71 the ,secretary of the ,treasury and the ,secretary of ,health and ,human ,services shall include consideration of-- 7,a7 any compliance burdens imposed on persons involved in the cannabis industry who are subject to regulation under this ,act and the amendments made by this ,act1 and 7,b7 to the greatest extent practicable1 reduction of any unnecessary administrative duplication with respect to such regulation4 ,b ,public safety and ,states' rights #aaa4 ,states' rights 7a7 ,state statutes as operative on termination of transportation2 original packages ,all cannabis transported into any ,state or territory of the ,united ,states or remaining therein for use1 consumption1 sale1 or storage therein1 shall1 upon arrival in that ,state or territory1 be subject to the operation and effect of the laws of that ,state or territory enacted in the exercise of its police powers1 to the same extent and in the same manner as though the cannabis had been produced in that ,state or territory1 and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise4 7b7 ,shipment into ,states for possession or sale in violation of ,state law ,the shipment or transportation1 in any manner or by any means whatsoever1 of cannabis from a ,state1 territory1 or district of the ,united ,states1 or place noncontiguous to but subject to the jurisdiction thereof1 into any other ,state1 territory1 or district of the ,united ,states1 or place noncontiguous to but subject to the jurisdiction thereof1 or from any foreign country into any ,state1 territory1 or district of the ,united ,states1 or place noncontiguous to but subject to the jurisdiction thereof1 which said cannabis is intended1 by any person interested therein1 to be received1 possessed1 sold1 or in any manner used1 either in the original package or otherwise1 in violation of any law of that ,state1 territory1 or district of the ,united ,states1 or place noncontiguous to but subject to the jurisdiction thereof1 is prohibited4 7c7 ,transportation of cannabis and cannabis products ,no ,state or ,indian ,tribe may prohibit the transportation or shipment of cannabis or cannabis products through the ,state or the territory of the ,indian ,tribe1 as applicable4 7d7 ,injunctive relief ,section #b of the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7#bg ,u4,s4,c4 #abb;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 the term cannabis has the meaning given the term in section #c of the ,cannabis ,administration and ,opportunity ,act2 2 and 7#b7 in subsections 7b7 and 7c71 by inserting or cannabis after intoxicating liquor each place it appears4 #aab4 ,diversion of cannabis 7a7 ,in general 7#a7 ,violations of cannabis laws or regulations2 penalties and injunctions 7,a7 ,definition ,in this paragraph1 the term common or contract carrier means a carrier holding a certificate of convenience and necessity1 a permit for contract carrier by motor vehicle1 or other valid operating authority under subtitle ,,iv of title #di1 ,united ,states ,code1 or under equivalent operating authority from a regulatory agency of the ,united ,states or of any ,state4 7,b7 ,cannabis diversion 7i7 ,in general ,except as provided in clause 7ii71 it shall be unlawful to-- 7,i7 knowingly grow1 manufacture1 ship1 transport1 receive1 possess1 sell1 or distribute or purchase #aj pounds or more of cannabis without authorization under a ,state law or pursuant to a permit issued under section #cja of the ,federal ,alcohol ,administration ,act1 as added by section #eaa of this ,act2 or 7,,ii7 knowingly possess #aj pounds or more of cannabis that bears no evidence of the payment of applicable ,state or local cannabis taxes in the ,state or locality where the cannabis is found1 if-- 7aa7 the ,state or local government requires a stamp1 impression1 or other indication to be placed on packages or other containers of cannabis to evidence payment of cannabis taxes2 and 7bb7 the cannabis is in the possession of any person other than a person holding a permit under section #cja of the ,federal ,alcohol ,administration ,act1 as added by section #eaa of this ,act2 7,,iii7 knowingly grow1 manufacture1 ship1 transport1 receive1 possess1 sell1 or distribute or purchase #bj pounds or more of cannabis without authorization under a ,state law or pursuant to a permit issued under section #cja of the ,federal ,alcohol ,administration ,act1 as added by section #eaa of this ,act2 or 7,,iv7 knowingly possess #bj pounds or more of cannabis that bears no evidence of the payment of applicable ,state or local cannabis taxes in the ,state or locality where the cannabis is found1 if-- 7aa7 the ,state or local government requires a stamp1 impression1 or other indication to be placed on packages or other containers of cannabis to evidence payment of cannabis taxes2 and 7bb7 the cannabis is in the possession of any person other than a person holding a permit under section #cja of the ,federal ,alcohol ,administration ,act1 as added by section #eaa of this ,act4 7ii7 ,exceptions ,clause 7i7 shall not apply to-- 7,i7 a common or contract carrier transporting the cannabis involved under a proper bill of lading or freight bill which states the quantity1 source1 and destination of the cannabis2 7,,ii7 a person-- 7aa7 who is licensed or otherwise authorized by the ,state where the cannabis is found to account for and pay cannabis taxes imposed by such ,state2 and 7bb7 who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cannabis involved2 7,,iii7 an officer1 employee1 or other agent of the ,united ,states1 an ,indian ,tribe1 or a ,state1 or any department1 agency1 or instrumentality of the ,united ,states1 an ,indian ,tribe1 or a ,state 7including any political subdivision of an ,indian ,tribe or a ,state7 having possession of the cannabis in connection with the performance of official duties2 or 7,,iv7 a person-- 7aa7 involved in the manufacture1 marketing1 or distribution of a drug containing cannabis that is otherwise in compliance with ,state and ,federal law2 and 7bb7 who possesses cannabis in connection with the lawful activities described in item 7aa74 7iii7 ,penalty ,any person who violates-- 7,i7 subclause 7,i7 or 7,,ii7 of clause 7i7 shall be imprisoned not more than #a year1 fined not more than #ej1jjj1 or both2 or 7,,ii7 subclause 7,,iii7 or 7,,iv7 of clause 7i7 shall be imprisoned not more than #e years1 fined not more than #ajj1jjj1 or both4 7#b7 ,fines ,the penalty provided for in this subsection may be recovered by the ,secretary of the ,treasury or by an action brought by the ,attorney ,general in any court of competent jurisdiction4 7#c7 ,enforcement ,it shall be the duty of the ,attorney ,general upon the request of the ,secretary of the ,treasury to bring an action for an injunction against any person who violates1 disobeys or disregards any term or provision of this subtitle or of any lawful notice1 order or regulation pursuant thereto2 provided1 however1 that the ,secretary of the ,treasury shall furnish the ,attorney ,general with such material1 evidentiary matter or proof as may be requested by the ,attorney ,general for the prosecution of such an action4 7b7 ,tracking and tracing regulations 7#a7 ,issuance of tracking and tracing regulations 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,treasury 7referred to in this section as the ,secretary71 acting through the ,administrator of the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau and in coordination with the ,secretary of ,health and ,human ,services1 shall issue regulations relating to the tracking and tracing of cannabis products pursuant to paragraph 7#b74 7,b7 ,good faith consultation with ,indian ,tribes ,in issuing regulations under subparagraph 7,a71 the ,secretary1 acting through the ,administrator of the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau and in coordination with the ,secretary of ,health and ,human ,services1 shall conduct good faith1 meaningful1 and timely consultations with ,indian ,tribes4 7#b7 ,regulations concerning recordkeeping for tracking and tracing 7,a7 ,in general ,the ,secretary shall promulgate regulations regarding the establishment and maintenance of records by any person who manufactures1 processes1 transports1 distributes1 receives1 packages1 holds1 exports1 or imports cannabis products4 7,b7 ,inspection ,in promulgating the regulations described in subparagraph 7,a71 the ,secretary shall consider which records are needed for inspection to monitor the movement of cannabis products from the point of production through distribution to retail outlets to assist in investigating potential illicit trade1 smuggling1 or counterfeiting of cannabis products4 7,c7 ,codes ,the ,secretary may require codes on the labels of cannabis products or other designs or devices for the purpose of tracking or tracing the cannabis product through the distribution system4 7,d7 ,size of business ,the ,secretary shall take into account the size of a business in promulgating regulations under this section4 7,e7 ,recordkeeping by retailers ,the ,secretary shall not require any retailer to maintain records relating to individual purchasers of cannabis products for personal consumption4 7#c7 ,records inspection 7,a7 ,in general ,if the ,secretary has a reasonable belief that a cannabis product is part of an illicit trade or smuggling or is a counterfeit product1 each person who manufactures1 processes1 transports1 distributes1 receives1 holds1 packages1 exports1 or imports cannabis products shall1 at the request of an officer or employee duly designated by the ,secretary1 permit such officer or employee1 at reasonable times and within reasonable limits and in a reasonable manner1 upon the presentation of appropriate credentials and a written notice to such person1 to have access to and copy all records 7including financial records7 relating to such article that are needed to assist the ,secretary in investigating potential illicit trade1 smuggling1 or counterfeiting of cannabis products4 ,the ,secretary shall not authorize an officer or employee of the government of any of the several ,states to exercise authority under the preceding sentence on ,indian country without the express written consent of the ,indian ,tribe involved4 7,b7 ,failure to comply 7i7 ,compel inspections ,the district courts of the ,united ,states shall have the authority1 pursuant to a civil action brought by the ,secretary1 to compel access by any officer or employee duly designated by the ,secretary to any relevant records described in subparagraph 7,a74 7ii7 ,penalty ,any person who-- 7,i7 denies access to any relevant records described in subparagraph 7,a7 to any officer or employee duly designated by the ,secretary2 or 7,,ii7 fails to comply with an order issued by a district court pursuant to clause 7i71 shall be fined not more than #aj1jjj4 7#d7 ,knowledge of illegal transaction 7,a7 ,notification ,if the manufacturer or distributor of a cannabis product has knowledge which reasonably supports the conclusion that a cannabis product manufactured or distributed by such manufacturer or distributor that has left the control of such person may be or has been-- 7i7 imported1 exported1 distributed1 or offered for sale in interstate commerce by a person without paying duties or taxes required by ,federal1 ,tribal1 or ,state law2 or 7ii7 imported1 exported1 distributed1 or diverted for possible illicit marketing1 the manufacturer or distributor shall promptly notify the ,attorney ,general and the ,secretary of such knowledge4 7,b7 ,knowledge defined ,for purposes of this paragraph1 the term knowledge as applied to a manufacturer or distributor means-- 7i7 the actual knowledge that the manufacturer or distributor had2 or 7ii7 the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care4 7#e7 ,consultation ,in carrying out this subsection1 the ,secretary shall consult with the ,attorney ,general and the ,commissioner of ,food and ,drugs1 as appropriate4 7#f7 ,consideration of state and other precedent ,in promulgating the regulations described in this subsection1 the ,secretary shall consider-- 7,a7 recommendations and findings by the ,cannabis ,products ,advisory ,committee established under section #aaaa of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7,b7 current practices of ,states regarding cannabis and the practices of other regulated industries2 and 7,c7 whether1 during the #c-year period described in section #eje7;b77#a71 unique standards for cannabis specified for medical use under ,state law are necessary or appropriate4 ,,ii ,research1 training1 and prevention ,a ,public ,health and ,biomedical ,research #bja4 ,societal impact of cannabis legalization study 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct an evaluation of the societal impact of the legalization by ,states of adult-use of cannabis4 ,such evaluation shall address1 where information and data are available1 a review of the following3 7#a7 ,federal and ,state law enforcement activities1 including-- 7,a7 arrests related to illicit use1 possession1 production1 manufacture1 and distribution of cannabis2 and 7,b7 diversion and seizures of cannabis4 7#b7 ,employment and the receipt of ,federal welfare assistance4 7#c7 ,changes in the utilization of health care1 including hospitalization related to methamphetamine and narcotic use and the use of cannabis for medical purposes4 7#d7 ,analysis of tax revenue remitted to ,states resulting from legal cannabis sales4 7#e7 ,any additional areas identified by the ,comptroller ,general of the ,united ,states4 7b7 ,report ,the ,comptroller ,general of the ,united ,states-- 7#a7 not later than #b years after the date of enactment of this ,act1 shall brief the ,committee on ,finance1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 and the ,committee on the ,judiciary of the ,senate and the ,committee on ,ways and ,means1 the ,committee on ,energy and ,commerce1 and the ,committee on the ,judiciary of the ,house of ,representatives on the preliminary findings of the evaluation under subsection 7a72 and 7#b7 at a date agreed upon at the time of the preliminary briefing described in paragraph 7#a71 submit a final report to such committees4 #bjb4 ,biomedical research on cannabis 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 in consultation with the ,director of the ,national ,institutes of ,health1 shall conduct or support research on the impacts of cannabis4 7b7 ,topics ,the research conducted or supported under subsection 7a7 may include research on-- 7#a7 the effects of tetrahydrocannabinol on the human brain2 7#b7 the efficacy of cannabis as a treatment for specific diseases and conditions1 including any impact on chronic pain and post-traumatic stress disorder2 7#c7 the impact of the use of cannabis on-- 7,a7 pulmonary function2 7,b7 cardiovascular events2 7,c7 cancer1 including testicular1 ovarian1 transitional cell1 and head1 neck1 and oral cancers1 and chronic illnesses2 7,d7 mania2 7,e7 psychosis2 7,f7 cognitive effects2 and 7,g7 cannabinoid hyperemesis syndrome2 and 7#d7 the identification of additional medical benefits1 harms1 and uses of cannabis4 7c7 ,considerations ,in conducting or supporting the research under subsection 7a71 the ,secretary may consider-- 7#a7 varying forms of cannabis1 including-- 7,a7 full plants and extracts2 and 7,b7 different types of cannabis with significant variation in phenotypic traits and various ratios of tetrahydrocannabinol and cannabidiol in chemical composition2 and 7#b7 varying methods of cannabis delivery1 including combustible and non-combustible inhalation and ingestion4 7d7 ,annual reports ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter for the next #d years1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,appropriations of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on ,appropriations of the ,house of ,representatives1 a report that includes an overview of the research conducted and supported under this section4 7e7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 #bjc4 ,public health surveillance and data collection 7a7 ,in general ,section #cib;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;b-#a7 is amended-- 7#a7 in the section heading1 by inserting and adverse health effects of cannabis use after substances2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,c7 by inserting and adverse health effects of cannabis use before the period2 and 7ii7 in subparagraph 7,d7 by inserting 1 cannabis1 and polysubstance use before the period2 and 7,b7 in paragraph 7#d71 by inserting and collect data to better understand the use and health effects of cannabis1 stimulants1 and polysubstances1 and after conduct studies and evaluations2 7#c7 in subsection 7d71 by striking #dif1jjj1jjj for each of fiscal years #bjai through #bjbc and inserting #eif1jjj1jjj for each of fiscal years #bjbc through #bjbg2 and 7#d7 by adding at the end the following3 7e7 ,additional funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 4 #bjd4 ,awards to prevent underage cannabis use ,part ,d of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;dd et seq47 is amended by adding at the end the following3 #eec4 ,awards to prevent underage cannabis use 7a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary1 shall award grants1 contracts1 and cooperative agreements to eligible entities to prevent and reduce underage cannabis use4 7b7 ,eligible entities ,to receive an award under this section1 an entity shall be a ,state1 political subdivision of a ,state1 ,indian ,tribe or ,tribal organization1 an urban ,indian organization1 a nonprofit community-based organization1 or any other nonprofit entity the ,secretary determines appropriate4 7c7 ,use of funds ,an eligible entity receiving an award under this subsection shall use funds from such award to-- 7#a7 establish1 enhance1 and support culturally- and linguistically-appropriate programs1 including community-based1 school-based1 and higher-education based programs1 and programs that target youth within the juvenile justice and child welfare systems1 that offer screening1 prevention1 early intervention1 diagnosis1 treatment1 referral1 and recovery support services related to underage cannabis use2 7#b7 design1 test1 evaluate1 and disseminate evidence-based and evidence-informed strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage cannabis use2 7#c7 educate children1 adolescents1 youth1 parents1 health care providers1 and communities about the dangers of underage cannabis use1 including impaired driving due to cannabis use2 7#d7 collect data on underage cannabis use to identify and address needs1 service gaps1 and trends2 7#e7 strengthen collaboration among communities1 the ,federal ,government1 and ,state1 local1 and ,tribal governments to prevent underage cannabis use2 7#f7 address community norms regarding underage cannabis use1 reduce opportunities for underage cannabis use1 and reduce the prevalence of negative consequences associated with underage cannabis use2 and 7#g7 support other evidence-based and evidence-informed practices to reduce underage cannabis use1 as determined by the ,secretary4 7d7 ,supplement not supplant ,funds awarded under this section shall supplement1 and not supplant1 existing ,state1 ,federal1 local1 and ,tribal funds to prevent and reduce underage cannabis use4 7e7 ,priority consideration ,in making awards under this section1 the ,secretary shall give priority to eligible entities that serve medically underserved communities1 communities with high rates of underage cannabis use1 and communities that have historically experienced disproportionate arrest and conviction rates related to the sale1 possession1 use1 manufacture1 or cultivation of cannabis 7but not counting convictions involving distribution of cannabis to a minor74 7f7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ae1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 7g7 ,definitions ,for the purposes of this section-- 7#a7 the terms ,indian ,tribe and ,tribal organization have the meanings given such terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act2 and 7#b7 the term urban ,indian organization has the meaning given such term in section #d of the ,indian ,health ,care ,improvement ,act4 4 #bje4 ,national media campaigns on cannabis use 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 in consultation with the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 shall fund and oversee the production1 broadcasting1 and evaluation of a national public service media campaign to prevent and reduce underage cannabis use and cannabis impaired driving4 ,such campaign shall-- 7#a7 educate the public about-- 7,a7 the negative consequences of underage cannabis use and cannabis impaired driving2 and 7,b7 the public health and safety benefits of evidence-based and evidence-informed policies to reduce underage cannabis use and cannabis impaired driving1 and build community and parental support for1 and cooperation with1 enforcement of such policies2 and 7#b7 be conducted-- 7,a7 through multiple media sources2 7,b7 in a manner that is culturally and linguistically appropriate2 and 7,c7 in a manner that reflects best practices in public health communication1 including in accessible formats4 7#c7 ,consultation requirement ,in carrying out the campaign under this subsection1 the ,secretary shall consult with interested parties1 including medical1 public health1 consumer1 parent1 disability1 law enforcement1 community-based1 and other stakeholders1 as determined by the ,secretary4 7b7 ,education and awareness campaign for cannabis use ,the ,secretary1 in coordination with the heads of other appropriate departments and agencies and working through existing programs and activities1 as appropriate1 shall advance the education and awareness of the public 7including health care providers1 consumers1 workplaces1 and other appropriate entities7 regarding cannabis use4 ,the education and awareness campaigns under this subsection shall address-- 7#a7 any dangers and negative consequences of cannabis use2 7#b7 awareness and prevention of cannabis use disorder2 7#c7 the effects of cannabis on the human body1 including with respect to the use of cannabis in different circumstances such as the workplace and while operating motor vehicles2 7#d7 the effects of cannabis when mixed with other substances2 and 7#e7 other relevant public health or biomedical research1 as the ,secretary determines appropriate4 7c7 ,report to ,congress ,the ,secretary shall submit an annual report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives detailing the production1 broadcasting1 and evaluation of the campaigns under subsections 7a7 and 7b74 ,such reports shall include-- 7#a7 details regarding the effectiveness of such campaigns in reducing underage cannabis use2 7#b7 the need for1 and likely effectiveness of1 an expanded campaign under either such subsection2 and 7#c7 details regarding the consultation the ,secretary engaged in pursuant to subsection 7a77#b74 7d7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #e1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 #bjf4 ,increasing availability of cannabis products for research purposes 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,national ,institutes of ,health and in collaboration with the ,commissioner of ,food and ,drugs and the ,attorney ,general1 shall take steps to increase the availability and diversity of research grade cannabis products for intramural and extramural research activities1 including cannabis products with varied cannabinoid concentrations and cannabis products that reflect regional differences in products available to be sold directly to consumers4 7b7 ,guidance ,in carrying out subsection 7a71 the ,secretary may develop guidance clarifying how entities engaged in extramural research supported by the ,federal ,government may access cannabis products available to be sold directly to consumers4 7c7 ,congressional briefing ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall brief the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on the ,judiciary of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on the ,judiciary of the ,house of ,representatives on the activities under subsection 7a74 7d7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #bge1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 #bjg4 ,trans-,,nih cannabis consortium ,part ,a of title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bha et seq47 is amended by inserting at the end the following3 #djd,o4 ,trans-,,nih cannabis consortium 7a7 ,establishment ,the ,director of ,,nih shall establish and maintain a consortium to be known as the ,trans-,,nih ,cannabis ,research ,consortium 7referred to in this section as the ,consortium7 to coordinate cannabis research programs across the ,national ,institutes of ,health4 7b7 ,membership ,the members of the ,consortium shall be appointed by the ,director of ,,nih and consist of representatives of multiple national research institutes and national centers4 7c7 ,chair ,the ,chair of the ,consortium shall be the ,director of the ,national ,institute on ,drug ,abuse 7or the ,director's designee74 7d7 ,duties ,in coordinating cannabis research programs across the ,national ,institutes of ,health1 the ,consortium shall-- 7#a7 establish cannabis research priorities2 7#b7 identify gaps and opportunities for research collaborations involving multiple national research institutes and national centers2 and 7#c7 identify opportunities to develop the next generation of cannabis researchers4 7e7 ,consultation ,the ,consortium shall consult regularly with external experts in the field of cannabis research1 as appropriate1 including industry1 patient organizations1 and other stakeholders4 7f7 ,reporting ,no later than #a year after the date of enactment of the ,cannabis ,administration and ,opportunity ,act1 and every #b years thereafter1 the ,consortium shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and make publicly available on the website of the ,national ,institutes of ,health1 a report on-- 7#a7 any research project involving cannabis and involving more than one national research institute or national center that was supported during the review period2 7#b7 any strategic initiatives that include a significant component related to cannabis2 7#c7 career development awards for early-career researchers focused in cannabis research1 including specific numbers of awards and amount of funding1 made during the review period2 7#d7 details on the composition of awards for early-career researchers1 including demographic details indicating the proportion of recipients from populations that have been underrepresented in cannabis research2 and 7#e7 such other information as the ,director of ,,nih determines appropriate4 4 #bjh4 ,cannabis research interagency advisory committee 7a7 ,in general ,there is established within the ,department of ,health and ,human ,services a ,cannabis ,research ,interagency ,advisory ,committee 7referred to in this subsection as the ,advisory ,committee7 for purposes of coordinating-- 7#a7 ,federal research activities relating to cannabis2 and 7#b7 aspects of all ,federal programs and activities relating to cannabis research1 in order to ensure the adequacy and technical soundness of such programs and activities1 to minimize barriers to such programs and activities1 to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities4 7b7 ,members ,the ,advisory ,committee established under subsection 7a7 shall consist of the heads of the following agencies or their designees3 7#a7 ,the ,national ,institutes of ,health4 7#b7 ,the ,centers for ,disease ,control and ,prevention4 7#c7 ,the ,food and ,drug ,administration4 7#d7 ,the ,substance ,abuse and ,mental ,health ,services ,administration4 7#e7 ,the ,office of the ,assistant ,secretary of ,health4 7#f7 ,the ,office of ,minority ,health4 7#g7 ,the ,drug ,enforcement ,administration4 7#h7 ,the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau 7as so redesignated by section #ajb of this ,act74 7#i7 ,the ,department of ,transportation4 7#aj7 ,any other agency with subject matter expertise that the ,secretary of ,health and ,human ,services determines appropriate to advance research on cannabis4 7c7 ,responsibilities ,in carrying out its duties under this section1 the ,advisory ,committee shall-- 7#a7 monitor cannabis research across all relevant ,federal departments and agencies1 including coordination of ,federal activities with respect to cannabis2 7#b7 develop a summary of advances in cannabis research2 7#c7 identify barriers to conducting or supporting cannabis research2 7#d7 make recommendations to the ,secretary of ,health and ,human ,services regarding any appropriate changes to such activities2 7#e7 make recommendations to the ,secretary of ,health and ,human ,services regarding public participation in decisions relating to cannabis research1 and the process by which public feedback can be better integrated into such decisions2 7#f7 develop a strategic plan for the conduct of1 and support for1 cannabis research1 which shall include-- 7,a7 proposed budgetary requirements2 and 7,b7 recommendations to ensure that cannabis research of the ,department of ,health and ,human ,services and of other ,federal departments and agencies are not unnecessarily duplicative2 and 7#g7 submit to ,congress and the ,president-- 7,a7 an annual update on the summary of advances described in paragraph 7#b72 and 7,b7 an annual update to the strategic plan described in paragraph 7#e71 including any progress made in achieving the goals outlined in such strategic plan4 #bji4 ,awards for cannabis research 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall award grants1 contracts1 or cooperative agreements to public and nonprofit entities 7including consortiums of such entities7 to conduct or support research on short- and long-term health effects of cannabis1 considering beneficial and harmful effects and public health impacts4 ,such research may-- 7#a7 consider the etiology1 epidemiology1 and health effects of cannabis use in at-risk or under researched populations1 such as pediatric and older populations1 individuals with chronic illnesses1 pregnant and lactating women and their infants and children1 and heavy cannabis users2 7#b7 consider the pharmacokinetic and pharmacodynamic properties of cannabis1 modes of delivery1 different concentrations1 in various populations1 including the dose-response relationships of cannabis and tetrahydrocannabinol or other cannabinoids2 7#c7 consider the harms and benefits associated with understudied cannabis products1 such as edibles1 concentrates1 and topical products2 7#d7 consider the short- and long-term harms and benefits associated with exposure to chemicals and other products commonly involved in the growing1 possessing1 and selling of cannabis2 7#e7 utilize clinical trials on the potential beneficial and harmful health effects of using different forms of cannabis1 such as inhaled whole cannabis plant and oral cannabis2 7#f7 seek to characterize the health effects of cannabis on unstudied and understudied health endpoints1 such as epilepsy in pediatric populations1 symptoms of posttraumatic stress disorder1 childhood and adult cancers1 cannabis-related overdoses and poisonings1 and other high-priority health endpoints2 and 7#g7 provide support for the development of novel diagnostic technologies that allow for rapid1 accurate1 and noninvasive assessment of cannabis exposure and impairment4 7b7 ,application ,to be eligible to receive an award under this section1 an entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,priority ,in selecting award recipients under this section1 the ,secretary shall give priority to any entity that is a minority-serving institution 7defined1 for purposes of this subsection1 as an institution and program described in section #cbf7;e77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfc;b7e77#a77 and institution described in section #cga7;a7 of such ,act 7#bj ,u4,s4,c4 #ajfgq7a7774 7d7 ,considerations ,in making awards under this section1 the ,secretary1 to the extent practicable1 may ensure equitable distribution of awards among the geographical regions of the ,united ,states4 7e7 ,reporting 7#a7 ,reports from entities ,each entity1 or consortium of such entities1 that receives an award under this section shall submit an annual report to the ,secretary on the activities conducted under such award1 and other information as the ,secretary may require4 7#b7 ,report to congress ,not later than #e years after the date of enactment of this ,act and every #e years thereafter1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that provides a summary of the activities associated with awards made under this section4 7#c7 ,public availability ,the ,secretary shall make reports submitted under paragraph 7#b7 publicly available on the website of the ,department of ,health and ,human ,services4 7f7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 #baj4 ,department of ,veterans ,affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder 7a7 ,clinical trials required 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall carry out a series of clinical trials on the effects of medical-grade cannabis on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post-traumatic stress disorder4 7#b7 ,required elements ,the clinical trials required by paragraph 7#a7 shall include-- 7,a7 with respect to covered veterans diagnosed with chronic pain1 an evaluation of the effects of the use of cannabis on-- 7i7 osteopathic pain 7including pain intensity and pain-related outcomes72 7ii7 the reduction or increase in opioid use or dosage2 7iii7 the reduction or increase in benzodiazepine use or dosage2 7iv7 the reduction or increase in alcohol use2 7v7 inflammation2 7vi7 sleep quality2 7vii7 agitation2 and 7viii7 quality of life2 and 7,b7 with respect to covered veterans diagnosed with post-traumatic stress disorder1 an evaluation of the effects of the use of cannabis on-- 7i7 the symptoms of post-traumatic stress disorder 7,,ptsd7 as established by or derived from the clinician administered ,,ptsd scale1 the ,,ptsd checklist1 the ,,ptsd symptom scale1 the post-traumatic diagnostic scale1 and other applicable methods of evaluating symptoms of post- traumatic stress disorder2 7ii7 the reduction or increase in benzodiazepine use or dosage2 7iii7 the reduction or increase in alcohol use2 7iv7 mood2 7v7 anxiety2 7vi7 social functioning2 7vii7 agitation2 7viii7 suicidal ideation2 and 7ix7 sleep quality1 including frequency of nightmares and night terrors4 7#c7 ,optional elements ,the clinical trials required by paragraph 7#a7 may include an evaluation of the effects of the use of cannabis to treat chronic pain and post-traumatic stress disorder on-- 7,a7 pulmonary function2 7,b7 cardiovascular events2 7,c7 head1 neck1 and oral cancer2 7,d7 testicular cancer2 7,e7 ovarian cancer2 7,f7 transitional cell cancer2 7,g7 intestinal inflammation2 7,h7 motor vehicle accidents2 7,i7 mania2 7,j7 psychosis2 7,k7 cognitive effects2 7,l7 cannabinoid hyperemesis syndrome2 7,m7 neuropathy2 7,n7 spasticity2 7,o7 substance use disorder2 or 7,p7 mental health disorder4 7b7 ,long-,term observational study ,the ,secretary may carry out a long-term observational study of the participants in the clinical trials required by subsection 7a74 7c7 ,type of cannabis 7#a7 ,in general ,in carrying out the clinical trials required by subsection 7a71 the ,secretary shall study varying forms of cannabis1 including whole plant raw material and extracts4 7#b7 ,plant cultivars ,of the varying forms of cannabis required under paragraph 7#a71 the ,secretary shall study not fewer than seven unique plant cultivars with ratios of tetrahydrocannabinol to cannabidiol in each of the following categories3 7,a7 ,less than #a3e4 7,b7 ,between #a3b and #a3e4 7,c7 ,approximately #a3b4 7,d7 ,approximately #a3a4 7,e7 ,approximately #b3a4 7,f7 ,between #b3a and #e3a4 7,g7 ,more than #e3a4 7d7 ,use of control and experimental groups ,the clinical trials required by subsection 7a7 shall include both a control group and an experimental group that shall-- 7#a7 be of similar size and structure2 and 7#b7 represent the demographics of the veteran population1 as determined by the most recent data from the ,american ,community ,survey of the ,bureau of the ,census that is available prior to the commencement of the clinical trials4 7e7 ,limitation on enrollment of certain veterans ,in enrolling veterans in a clinical trial under subsection 7a71 the ,secretary shall avoid enrolling veterans who-- 7#a7 have existing substance use disorder or are at high-risk for developing substance use disorder2 or 7#b7 have contraindications to medicinal cannabis1 which may include-- 7,a7 veterans with acute psychosis or at-risk of psychosis2 7,b7 veterans for whom cannabis is contraindicated based on current medications taken1 prescribed and nonprescribed2 7,c7 veterans with severe cardiovascular1 immunological1 liver1 or kidney disease2 and 7,d7 veterans who are pregnant or breastfeeding4 7f7 ,data preservation ,the clinical trials required by subsection 7a7 shall include a mechanism to ensure the preservation of all data1 including all data sets1 collected or used for purposes of such trials in a manner that will facilitate further research4 7g7 ,implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall-- 7#a7 develop a plan to implement this section and submit such plan to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives2 and 7#b7 issue any requests for proposals the ,secretary determines appropriate for such implementation4 7h7 ,effect on other benefits ,the eligibility or entitlement of a covered veteran to any other benefit under the laws administered by the ,secretary or any other provision of law shall not be affected by the participation of the covered veteran in a clinical trial under subsection 7a7 or a study under subsection 7b74 7i7 ,periodic reports ,during the five-year period beginning on the date of the enactment of this ,act1 the ,secretary shall submit periodically1 but not less frequently than annually1 to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives reports on the implementation of this section4 7j7 ,covered veteran defined ,in this section1 the term covered veteran means a veteran who is enrolled in the patient enrollment system of the ,department of ,veterans ,affairs established and operated under section #agje7;a7 of title #ch1 ,united ,states ,code4 #baa4 ,cannabis research infrastructure grants ,title ,,viii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafa;a et seq47 is amended by adding at the end the following3 #hii4 ,cannabis research infrastructure grant program 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services and1 as appropriate1 with other relevant ,federal agencies1 shall award grants1 on a competitive basis1 to institutions of higher education to enable such institutions to develop or enhance the necessary infrastructure for exploratory cannabis research1 including the cultivation of cannabis for research purposes4 7b7 ,applications ,to be qualified to receive a grant under this section1 an institution of higher education shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a description of the projects that the institution of higher education plans to carry out with grant funds2 and 7#b7 how such projects will address the research infrastructure needs of the institution of higher education4 7c7 ,priority in awards ,in awarding grants under this section1 the ,secretary shall give priority to-- 7#a7 institutions of higher education described in section #cga7;a72 7#b7 under-resourced institutions of higher education1 including community colleges2 and 7#c7 institutions of higher education with experience in conducting or supporting cannabis research or developing academic courses or programs for students in the cannabis industry4 7d7 ,use of funds ,an institution of higher education that receives a grant under this section shall use the grant funds to develop or enhance the necessary infrastructure for exploratory cannabis research1 including-- 7#a7 cultivating cannabis for research purposes2 7#b7 purchasing1 renting1 or leasing scientific or laboratory equipment2 7#c7 constructing or upgrading cultivation or laboratory facilities2 7#d7 purchasing or enhancing storage and security needs2 7#e7 establishing school policies1 procedures1 or training to conduct or support research1 such as policies and training to safely handle and store substances2 7#f7 paying ,state fees to apply for and receive certificates or registrations to handle certain substances2 or 7#g7 recruiting or retaining staff necessary for developing or enhancing the cannabis research infrastructure of the institution of higher education1 including for training and support purposes4 7e7 ,awards ,notwithstanding any other provision of law1 activities supported by grants under this section shall not be considered violations of section #abj for the purposes of enforcing or assessing compliance with that section4 7f7 ,definitions ,in this section3 7#a7 ,community college ,the term community college means-- 7,a7 a public institution of higher education1 including additional locations1 at which the highest awarded degree1 or the predominantly awarded degree1 is an associate degree2 or 7,b7 a ,tribal ,college or ,university 7as defined in section #caf74 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja4 7g7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 4 ,b ,cannabis-,impaired driving prevention #bba4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#c7 ,,thc ,the term ,,thc means tetrahydrocannabinol4 #bbb4 ,cannabis-impaired driving research 7a7 ,cannabis-,impaired driving data 7#a7 ,in general ,the ,secretary shall collect and1 as appropriate1 share with the ,secretary of ,health and ,human ,services1 data relating to cannabis-impaired driving1 or a combination of cannabis and another substance1 including through the collection of crash data specific to crashes involving drivers with-- 7,a7 ,,thc in their system2 or 7,b7 a combination of ,,thc and another substance in their system4 7#b7 ,national roadside survey 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall initiate a ,national ,roadside ,survey to collect data on drivers with ,,thc in their system4 7,b7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,commerce1 ,science1 and ,transportation1 ,environment and ,public ,works1 and ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report summarizing the data acquired1 and conclusions drawn1 from the ,national ,roadside ,survey required under subparagraph 7,a74 7b7 ,research on risks of cannabis-,impaired driving 7#a7 ,study required 7,a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall carry out a study to evaluate and quantify the risks of cannabis-impaired driving4 7,b7 ,requirements ,the study required under subparagraph 7,a7 shall analyze-- 7i7 whether there is an increased likelihood of crashing a motor vehicle after recent cannabis use2 7ii7 the effect of cannabis on driving behavior2 7iii7 whether there is a correlation between ,,thc level 7as tested in oral fluids7 and level of impairment2 7iv7 whether the current ,standard ,field ,sobriety ,test developed by the ,national ,highway ,traffic ,safety ,administration accurately identifies cannabis impairment2 7v7 whether driving behavior changes depending on frequency of cannabis use2 7vi7 whether there are any potential increased risks associated with using cannabis together with another substance2 and 7vii7 any other data necessary to improve safe driving outcomes1 as determined by the ,secretary4 7#b7 ,report ,not later than #c years after the date of enactment of this ,act1 and annually thereafter until the date on which the study required under paragraph 7#a7 is complete1 the ,secretary shall submit to the ,committees on ,commerce1 ,science1 and ,transportation1 ,environment and ,public ,works1 and ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report summarizing the data acquired1 and conclusions drawn1 from the study required under paragraph 7#a74 #bbc4 ,,dot cannabis-impaired driving prevention programs 7a7 ,in general ,the ,secretary shall research and implement data-driven strategies to educate the public about the dangers of cannabis-impaired driving1 which shall include the following3 7#a7 ,cannabis-impaired driving use prevention best practices 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop and issue best practices for ,states and communities to prevent cannabis-impaired driving1 including impaired driving involving the use of cannabis and another substance and practices targeting drivers under the age of #ba1 in consultation with the ,director of the ,centers for ,disease ,control and ,prevention1 the ,secretary of ,health and ,human ,services1 and the heads of other ,federal agencies as appropriate4 7,b7 ,updates ,not less frequently than biannually1 the ,secretary shall update and reissue the best practices required under subparagraph 7,a7 as new research and data becomes available4 7#b7 ,cannabis-impaired driving use prevention campaigns ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall establish and carry out national campaigns to prevent cannabis-impaired driving1 including-- 7,a7 cannabis-impaired driving involving the use of cannabis and another substance2 and 7,b7 cannabis-impaired driving among drivers under the age of #ba4 7b7 ,campaign evaluation ,not less frequently than once every #c years1 the ,secretary shall evaluate the effectiveness of the campaigns required under subsection 7a77#b7 and the activities carried out by ,states using a grant awarded under section #dji of title #bc1 ,united ,states ,code1 by using a variety of factors1 including-- 7#a7 collecting data1 including behavioral data1 and comparing that data from before and after the campaigns2 7#b7 7,a7 engaging with stakeholders that were involved in the campaigns2 and 7,b7 analyzing feedback from those stakeholders on what the stakeholders saw as strengths and weaknesses of the campaigns2 7#c7 determining whether the campaigns accomplished the objectives the ,secretary set out to accomplish through analysis of data relating to the campaigns2 and 7#d7 any other factors the ,secretary determines appropriate included in the document of the ,national ,highway ,traffic ,safety ,administration entitled ,the ,art of ,appropriate ,evaluation3 ,a ,guide for ,highway ,safety ,program ,managers and dated ,december #bjjh 7or a successor document74 7c7 ,report ,not later than #f months after the date on which the ,secretary completes an evaluation conducted under subsection 7b71 the ,secretary shall submit to the ,committees on ,commerce1 ,science1 and ,transportation1 ,environment and ,public ,works1 and ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7#a7 summarizes the data collected and provides the analysis of the data from an evaluation conducted under subsection 7b72 7#b7 includes recommendations for future impaired driving campaigns2 and 7#c7 includes any determinations that a national campaign or an activity carried out by a ,state using a grant awarded under section #dji of title #bc1 ,united ,states ,code1 is ineffective at preventing cannabis-impaired driving4 #bbd4 ,state cannabis-impaired driving prevention grant program 7a7 ,in general ,chapter #d of title #bc1 ,united ,states ,code1 is amended by inserting after section #djh the following3 #dji4 ,state cannabis-impaired driving prevention grant program 7a7 ,definitions ,in this section3 7#a7 ,cannabis ,the term cannabis has the meaning given the term in subsection 7ss7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#b7 ,grant program ,the term grant program means the grant program established under subsection 7b74 7#c7 ,,thc ,the term ,,thc has the meaning given the term in section #bba of the ,cannabis ,administration and ,opportunity ,act4 7b7 ,establishment ,not later than #a year after the date of enactment of the ,cannabis ,administration and ,opportunity ,act1 the ,secretary1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 shall establish a program to provide grants to ,states1 in accordance with subsection 7c71 to implement programs to prevent impaired driving due to cannabis use4 7c7 ,eligibility ,the ,secretary may provide a grant under this section to any ,state that-- 7#a7 describes how the ,state will use the grant funds in accordance with a highway safety program under section #djb1 including how the ,state will implement the best practices developed by the ,secretary under section #bbc7;a77#a7 of the ,cannabis ,administration and ,opportunity ,act2 and 7#b7 agrees to provide data and information1 as determined by the ,secretary1 to assist with the evaluation of the effectiveness of the eligible activities described in subsection 7d74 7d7 ,use of funds ,a ,state may use a grant awarded under this section for the following activities3 7#a7 ,enforcement activities1 including-- 7,a7 to train public safety personnel to detect impaired driving due to the use of cannabis or a combination of cannabis and another substance2 7,b7 to increase the capacity of impaired driving toxicology testing laboratories in the ,state to support impaired driving investigations1 including to purchase equipment1 hire staff1 provide training1 and improve procedures1 including to improve toxicology testing standards to be consistent with the standards contained in the document of the ,national ,safety ,council entitled ,recommendations for ,toxicological ,investigation of ,drug-,impaired ,driving and ,motor ,vehicle ,fatalities-#bjba ,update 7or a successor document72 7,c7 to train for and implement impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of an individual convicted of driving under the influence of cannabis1 or a combination of cannabis and another substance1 and to determine the most effective mental health or substance abuse treatment or sanction that will reduce that risk2 7,d7 to develop and implement high-visibility enforcement efforts relating to cannabis-impaired driving2 and 7,e7 for court support of high-visibility enforcement efforts1 to train and educate criminal justice professionals 7including law enforcement personnel1 prosecutors1 judges1 and probation officers7 to assist those professionals in-- 7i7 handling cannabis-impaired driving cases2 7ii7 hiring traffic safety resource prosecutors2 7iii7 hiring judicial outreach liaisons2 and 7iv7 establishing driving while intoxicated courts4 7#b7 ,data collection activities1 including-- 7,a7 to collect data relating to the use of cannabis1 drugs1 or multiple substances by drivers1 including the prevalence of the use of those substances among drivers arrested for impaired driving2 and 7,b7 to increase drug testing and reporting for all fatal crashes and serious injuries to better understand the scope of cannabis-impaired driving1 or a combination of cannabis and another substance4 7#c7 ,education activities1 including-- 7,a7 to develop and carry out educational campaigns to better educate the public about the harms associated with cannabis-impaired driving1 including impaired driving associated with the use of cannabis and another substance2 and 7,b7 to participate in national campaigns organized by the ,secretary under section #bbc7;a77#b7 of the ,cannabis ,administration and ,opportunity ,act4 7e7 ,prohibition ,the ,secretary may prohibit the use of grant funds for an activity described in subsection 7d7 if the ,secretary determines that the activity is ineffective at preventing cannabis-impaired driving after conducting an evaluation required under section #bbc7;b7 of the ,cannabis ,administration and ,opportunity ,act4 7f7 ,grant amounts 7#a7 ,in general ,the allocation of grant funds to a ,state under this section for a fiscal year shall be in proportion to the apportionment of funds a ,state receives under section #djb7;c77#b74 7#b7 ,requirement ,not less than #aj percent of the funds allocated to a ,state under this section shall be used to carry out activities described in subsection 7d77#a77;,b74 7g7 ,federal share 7#a7 ,in general ,for the first #c fiscal years after the date on which the grant program is established under subsection 7b71 and each fiscal year thereafter for a ,state that meets the condition described in paragraph 7#b77;,b7 during that fiscal year1 the ,federal share of the costs of activities carried out with a grant awarded under the grant program shall be #hj percent in any fiscal year in which the ,state is awarded a grant4 7#b7 ,decreased ,federal share 7,a7 ,in general ,for any ,state that does not meet the condition described in subparagraph 7,b71 the ,federal share of the costs of activities carried out with a grant awarded under the grant program shall be-- 7i7 #gj percent in the fourth fiscal year after the date on which the grant program is established under subsection 7b72 7ii7 #fj percent in the fifth fiscal year after that date2 and 7iii7 #ej percent in the sixth fiscal year after that date and each fiscal year thereafter4 7,b7 ,condition ,the condition referred to in paragraph 7#a7 and subparagraph 7,a7 is that the ,state shall implement an open container law relating to cannabis products4 7h7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #de1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 4 7b7 ,clerical amendment ,the analysis for chapter #d of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #djh the following3 #dji4 ,state cannabis-impaired driving prevention grant program4 4 #bbe4 ,national cannabis impairment standard 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 and once every #b years thereafter1 the ,secretary shall make a determination as to whether or not it is feasible to establish a national standard for determining impairment for cannabis-impaired driving4 7b7 ,rulemaking required ,if the ,secretary determines that establishing a national standard relating to cannabis-impaired driving under subsection 7a7 is feasible1 the ,secretary shall1 not later than #a year after that determination1 promulgate regulations establishing a model marijuana impairment standard for ,states4 #bbf4 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out sections #bbb and #bbc4 ,,iii ,restorative justice and opportunity ,a ,opportunity trust fund programs #cja4 ,opportunity trust fund programs 7a7 ,cannabis justice office2 community reinvestment grant program 7#a7 ,cannabis justice office ,part ,a of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by inserting after section #aji the following3 #aaj4 ,cannabis justice office 7a7 ,establishment ,there is established within the ,office of ,justice ,programs a ,cannabis ,justice ,office4 7b7 ,director ,the ,cannabis ,justice ,office shall be headed by a ,director who shall be appointed by the ,assistant ,attorney ,general for the ,office of ,justice ,programs4 ,the ,director shall report to the ,assistant ,attorney ,general for the ,office of ,justice ,programs4 ,the ,director shall award grants and may enter into compacts1 cooperative agreements1 and contracts on behalf of the ,cannabis ,justice ,office4 ,the ,director may not engage in any employment other than that of serving as the ,director1 nor may the ,director hold any office in1 or act in any capacity for1 any organization1 agency1 or institution with which the ,office makes any contract or other arrangement4 7c7 ,employees 7#a7 ,in general ,the ,director shall employ as many full-time employees as are needed to carry out the duties and functions of the ,cannabis ,justice ,office under subsection 7d74 ,such employees shall be exclusively assigned to the ,cannabis ,justice ,office4 7#b7 ,initial hires ,not later than #f months after the date of enactment of this section1 the ,director shall-- 7,a7 hire no less than one-third of the total number of employees of the ,cannabis ,justice ,office2 7,b7 no more than one-half of the employees assigned to the ,cannabis ,justice ,office by term appointment that may after #b years be converted to career appointment2 and 7,c7 hire at least #a employee to serve as a ,tribal ,relations ,coordinator4 7#c7 ,legal counsel ,at least one employee hired for the ,cannabis ,justice ,office shall serve as legal counsel to the ,director and shall provide counsel to the ,cannabis ,justice ,office4 7d7 ,duties and functions ,the ,cannabis ,justice ,office is authorized to-- 7#a7 administer the ,community ,reinvestment ,grant ,program2 and 7#b7 perform such other functions as the ,assistant ,attorney ,general for the ,office of ,justice ,programs may delegate1 that are consistent with the statutory obligations of this section4 4 7#b7 ,community reinvestment grant program ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,pp ,,community ,,reinvestment ,,grant ,,program #cjfa4 ,authorization ,the ,director of the ,cannabis ,justice ,office shall establish and carry out a grant program1 known as the ,community ,reinvestment ,grant ,program1 to provide eligible entities with funds to administer services for individuals adversely impacted by the ,war on ,drugs1 including-- 7#a7 job training2 7#b7 reentry services2 7#c7 legal aid for civil and criminal cases1 including expungement of cannabis convictions2 7#d7 literacy programs2 7#e7 youth recreation or mentoring programs2 and 7#f7 health education programs4 #cjfb4 ,definitions ,in this part3 7#a7 ,the term cannabis conviction means a conviction1 or adjudication of juvenile delinquency1 for a cannabis offense 7as such term is defined in section #c of the ,cannabis ,administration and ,opportunity ,act74 7#b7 ,the term eligible entity means a nonprofit organization1 as described in section #eja7;c77#c7 of the ,internal ,revenue ,code and exempt from taxation under section #eja7;a7 of such ,code1 an ,indian ,tribe1 a ,tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 or a ,native ,hawaiian-serving entity that is representative of a community or a significant segment of a community with experience in providing relevant services to individuals adversely impacted by the ,war on ,drugs in that community4 7#c7 ,the term individual adversely impacted by the ,war on ,drugs has the meaning given that term in section #cja7;b77#a7 of the ,cannabis ,administration and ,opportunity ,act4 7#d7 ,the term ,native ,hawaiian-serving entity means-- 7,a7 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag772 7,b7 the ,department of ,hawaiian ,home ,lands2 and 7,c7 the ,office of ,hawaiian ,affairs4 4 7b7 ,cannabis opportunity program2 equitable licensing grant program 7#a7 ,definitions ,in this subsection3 7,a7 ,administration2 ,administrator ,the terms ,administration and ,administrator mean the ,small ,business ,administration and the ,administrator thereof1 respectively4 7,b7 ,eligible ,indian tribe ,the term eligible ,indian ,tribe means an ,indian ,tribe that has taken steps-- 7i7 to create an automatic process1 at no cost to an individual1 to expunge1 destroy1 or seal criminal records for cannabis offenses2 and 7ii7 to eliminate violations or other penalties for individuals under parole1 probation1 pre-trial1 or other ,tribal criminal supervision for a cannabis offense4 7,c7 ,eligible ,state or locality ,the term eligible ,state or locality means a ,state or locality that has taken steps-- 7i7 to create an automatic process1 at no cost to an individual1 to expunge1 destroy1 or seal criminal records for cannabis offenses2 and 7ii7 to eliminate violations or other penalties for individuals under parole1 probation1 pre-trial1 or other ,state or local criminal supervision for a cannabis offense4 7,d7 ,federal ,poverty ,level ,the term ,federal ,poverty ,level has the meaning given the term poverty line in section #baaj7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7c774 7,e7 ,individual adversely impacted by the ,war on ,drugs ,the term individual adversely impacted by the ,war on ,drugs means an individual-- 7i7 who has had an income below #bej percent of the ,federal ,poverty ,level for not fewer than #e of the past #aj years1 as of the date on which the individual seeks to participate in a program established under this section or an amendment made by this section2 and 7ii7 7,i7 who has been arrested for1 or convicted of1 the sale1 possession1 use1 manufacture1 or cultivation of cannabis 7except for a conviction involving distribution to a minor72 or 7,,ii7 the parent1 sibling1 spouse1 or child of whom has been arrested for1 or convicted of1 an offense described in subclause 7,i74 7,f7 ,small business concern owned and controlled by socially and economically disadvantaged individuals ,the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section #h7;d77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77#c77;,c774 7,g7 ,state ,the term ,state means-- 7i7 each of the several ,states2 7ii7 the ,district of ,columbia2 7iii7 the ,commonwealth of ,puerto ,rico2 and 7iv7 any territory or possession of the ,united ,states4 7#b7 ,cannabis restorative opportunity program 7,a7 ,in general ,the ,administrator shall establish and carry out a program1 to be known as the ,cannabis ,restorative ,opportunity ,program1 to provide loans and technical assistance under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate-- 7i7 in eligible ,states or localities2 or 7ii7 in the jurisdiction of eligible ,indian ,tribes4 7,b7 ,tribal set aside ,of the amounts made available to carry out subparagraph 7,a71 #e percent shall be used to provide loans and technical assistance under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate in the jurisdiction of an eligible ,indian ,tribe4 7#c7 ,equitable licensing grant program ,the ,administrator shall establish and carry out a grant program1 to be known as the ,equitable ,licensing ,grant ,program1 to provide any eligible ,state or locality or eligible ,indian ,tribe funds to develop and implement equitable cannabis licensing programs that minimize barriers to cannabis licensing and employment for individuals adversely impacted by the ,war on ,drugs1 provided that each grantee includes in the cannabis licensing program of the grantee not less than #d of the following elements3 7,a7 ,a waiver of cannabis license application fees for an individual who-- 7i7 has had an income below #bej percent of the ,federal ,poverty ,level for not fewer than #e of the #aj years preceding the date on which the individual submits an application2 and 7ii7 is a first-time applicant4 7,b7 ,a prohibition on the denial of a cannabis license based on a conviction for a cannabis offense that took place before the eligible ,state or locality 7or1 in the case of a locality1 the ,state in which the locality is located7 or eligible ,indian ,tribe legalized the production1 distribution1 or possession of cannabis or the date of enactment of this ,act1 as applicable4 7,c7 ,a prohibition on restrictions for licensing relating to criminal convictions except with respect to a criminal conviction related to owning and operating a business4 7,d7 ,a prohibition on cannabis license holders engaging in suspicionless cannabis drug testing of their prospective or current employees1 except with respect to drug testing for safety-sensitive positions under part #dj of title #di1 ,code of ,federal ,regulations1 or any successor regulations4 7,e7 ,the establishment of a cannabis licensing board that-- 7i7 is reflective of the racial1 ethnic1 economic1 and gender composition of the eligible ,state or locality or eligible ,indian ,tribe2 7ii7 includes at least #a representative from an eligible ,indian ,tribe that has jurisdiction within that eligible ,state or locality or that has ,tribal jurisdiction1 as applicable2 and 7iii7 shall serve as an oversight body of the equitable licensing program4 7#d7 ,study on programs 7,a7 ,,gao study ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,comptroller ,general of the ,united ,states1 in consultation with the ,administrator1 shall conduct a study on the individuals and entities receiving assistance under the ,cannabis ,restorative ,opportunity and ,equitable ,licensing ,programs established under paragraphs 7#b7 and 7#c71 respectively1 which shall include-- 7i7 the types of assistance by ,state2 and 7ii7 a description of-- 7,i7 the efforts by the ,administration to increase access to capital for cannabis-related small business concerns owned and controlled by socially and economically disadvantaged individuals and small business concerns owned and controlled by individuals adversely impacted by the ,war on ,drugs2 and 7,,ii7 the racial1 ethnic1 economic and gender composition of the eligible ,state or locality4 7,b7 ,report ,the ,comptroller ,general of the ,united ,states shall submit a report on the results of each study conducted under subparagraph 7,a7 to-- 7i7 the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7ii7 the ,committee on ,small ,business of the ,house of ,representatives2 7iii7 the ,committee on the ,judiciary of the ,senate2 and 7iv7 the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,appropriations 7#a7 ,community ,reinvestment ,grant ,program ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #a1fej1jjj1jjj for fiscal year #bjbc1 to remain available until ,september #cj1 #bjbg1 to carry out the program under part ,,pp of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 as added by subsection 7a77#b74 7#b7 ,cannabis ,restorative ,opportunity ,program ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ag1jjj1jjj for fiscal year #bjbc1 to remain available until ,september #cj1 #bjbg1 to carry out the program under subsection 7b77#b74 7#c7 ,equitable ,licensing ,grant ,program ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #eej1jjj1jjj for fiscal year #bjbc1 to remain available until ,september #cj1 #bjbg1 to carry out the program under subsection 7b77#c74 #cjb4 ,comprehensive opioid1 stimulant1 and substance use disorder program 7a7 ,in general ,part ,,ll of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajgja et seq47 is amended-- 7#a7 in the part heading1 by striking opioid abuse grant and inserting opioid1 stimulant1 and substance use disorder2 7#b7 in section #cjba7;a7 7#cd ,u4,s4,c4 #ajgja7;a77-- 7,a7 in paragraph 7#b71 by striking opioid abuse and inserting substance use disorder2 7,b7 in paragraph 7#g71 by striking opioid abuse and inserting substance use disorder2 and 7,c7 in paragraph 7#aj71 by striking opioid and inserting substance misuse and2 and 7#c7 in section #cjbb7d7 7#cd ,u4,s4,c4 #ajgjb7d771 by striking opioid abuse and inserting substance misuse and abuse4 7b7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out the program under part ,,ll of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as amended by subsection 7a7 of this section4 #cjc4 ,availability of small business administration programs and services to cannabis-related legitimate businesses and service providers 7a7 ,definitions relating to cannabis-,related legitimate businesses and service providers ,section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 is amended by adding at the end the following3 7gg7 ,cannabis-,related legitimate businesses and service providers ,in this ,act3 7#a7 ,cannabis2 cannabis product ,the terms cannabis and cannabis product have the meanings given those terms in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#b7 ,cannabis-related legitimate business ,the term cannabis-related legitimate business means a manufacturer1 producer1 or any person or company that is a small business concern and that-- 7,a7 engages in any activity described in subparagraph 7,b7 pursuant to a law established by an ,indian tribe 7as defined in section #h7;a77#ac771 a ,state1 or a political subdivision of a ,state1 as determined by that ,indian tribe 7as so defined71 ,state1 or political subdivision2 and 7,b7 participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 7#c7 ,cannabis-related service provider ,the term cannabis-related service provider-- 7,a7 means a business1 organization1 or other person that-- 7i7 sells goods or services to a cannabis-related legitimate business2 or 7ii7 provides any business services1 including the sale or lease of real or any other property1 legal or other licensed services1 or any other ancillary service1 relating to cannabis2 and 7,b7 does not include a business1 organization1 or other person that participates in any business or organized activity that involves handling cannabis or cannabis products1 including cultivating1 producing1 manufacturing1 selling1 transporting1 displaying1 dispensing1 distributing1 or purchasing cannabis or cannabis products4 4 7b7 ,small business development centers ,section #ba7;c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdh7;c77 is amended by adding at the end the following3 7#i7 ,services for cannabis-,related legitimate businesses and service providers ,a small business development center may not decline to provide services to an otherwise eligible small business concern under this section solely because the concern is a cannabis-related legitimate business or cannabis-related service provider4 4 7c7 ,women's business centers ,section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef7 is amended by adding at the end the following3 7p7 ,services for cannabis-,related legitimate businesses and service providers ,a women's business center may not decline to provide services to an otherwise eligible small business concern under this section solely because the concern is a cannabis-related legitimate business or cannabis-related service provider4 4 7d7 ,score ,section #h7;b77#a77;,b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;b77#a77;,b77 is amended by adding at the end the following3 ,the head of the ,,score program established under this subparagraph may not decline to provide services to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or cannabis-related service provider44 7e7 ,veteran business outreach centers ,section #cb of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;b7 is amended by adding at the end the following3 7h7 ,services for cannabis-,related legitimate businesses and service providers ,a ,veteran ,business ,outreach ,center may not decline to provide services to an otherwise eligible small business concern under this section solely because the concern is a cannabis-related legitimate business or cannabis-related service provider4 4 7f7 ,community ,navigators ,pilot ,program ,section #ejjd of the ,american ,rescue ,plan ,act 7,public ,law #aag-b2 #ace ,stat4 #ij7 is amended by adding at the end the following3 7e7 ,assistance to cannabis-,related legitimate businesses and service providers ,the ,administrator may not decline to make a grant to or enter into a contract or cooperative agreement with an entity under this section solely because the entity is a cannabis-related business or cannabis-related service provider 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 4 7g7 #g7;a7 loans ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 is amended by adding at the end the following3 7#ch7 ,loans to cannabis-related legitimate businesses and service providers ,the ,administrator may not decline to provide a guarantee for a loan under this subsection1 and a lender may not decline to make a loan under this subsection1 to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or cannabis-related service provider4 4 7h7 ,disaster loans ,section #g7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77 is amended by inserting after paragraph 7#ae7 the following3 7#af7 ,assistance to cannabis-related legitimate businesses and service providers ,the ,administrator may not decline to provide assistance under this subsection to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or cannabis-related service provider4 4 7i7 ,microloans ,section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 is amended by adding at the end the following3 7#ad7 ,assistance to cannabis-related legitimate businesses and service providers ,the ,administrator may not decline to make a loan or a grant under this subsection1 and an eligible intermediary may not decline to provide assistance under this subsection to an otherwise eligible borrower1 eligible intermediary1 or eligible nonprofit entity 7as applicable7 solely because such borrower1 intermediary1 or nonprofit entity is a cannabis-related legitimate business or cannabis-related service provider4 4 7j7 ,small business investment company debentures ,to finance cannabis-,related legitimate businesses and service providers ,part ,a of title ,,iii of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fha et seq47 is amended by adding at the end the following3 #cba4 ,debentures to finance cannabis-related legitimate businesses and service providers 7a7 ,guarantees ,the ,administrator may not decline to purchase or guarantee a debenture made under this title to an otherwise eligible small business investment company solely because such small business investment company provides financing to an entity that is a cannabis-related legitimate business or cannabis-related service provider 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,other assistance ,a small business investment company may not decline to provide assistance under this title to an otherwise eligible small business concern solely because the small business concern is a cannabis-related legitimate business or cannabis-related service provider 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 4 7k7 ,state or local development company loans ,title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq47 is amended by adding at the end the following3 #eaa4 ,loans to finance cannabis-related legitimate businesses and service providers 7a7 ,loans and loan guarantees ,the ,administrator may not decline to make or provide a guarantee for a loan under this title to an otherwise eligible qualified ,state1 ,tribal1 or local development company solely because such qualified ,state1 ,tribal1 or local development company provides financing to an entity that is a cannabis-related legitimate business or cannabis-related service provider 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,other assistance ,a qualified ,state or local development company may not decline to provide assistance under this title to an otherwise eligible small business concern solely because such small business concern is a cannabis-related legitimate business or cannabis-related service provider 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 4 #cjd4 ,demographic data of cannabis business owners and employees 7a7 ,in general ,the ,bureau of ,labor ,statistics shall regularly compile1 maintain1 and make public data on the demographics of-- 7#a7 individuals who are business owners in the cannabis industry2 and 7#b7 individuals who are employed in the cannabis industry4 7b7 ,demographic data ,the data collected under subsection 7a7 shall include data regarding-- 7#a7 age2 7#b7 certifications and licenses2 7#c7 disability status2 7#d7 educational attainment2 7#e7 family and marital status2 7#f7 nativity2 7#g7 race and ,hispanic ethnicity2 7#h7 school enrollment2 7#i7 veteran status2 and 7#aj7 sex4 7c7 ,confidentiality ,notwithstanding any other provision in this section1 the name1 address1 and other identifying information of an individual described in subsection 7a7 shall be kept confidential by the ,bureau of ,labor ,statistics and not be made available to the public4 7d7 ,definitions ,in this section3 7#a7 ,cannabis ,the term cannabis has the meaning given such term in section #c4 7#b7 ,cannabis industry ,the term cannabis industry means the industry1 in any ,state1 jurisdiction of an ,indian ,tribe1 or locality in the ,united ,states1 in which an individual or entity-- 7,a7 conducts businesses pursuant to a permit issued under section #cjb of the ,federal ,alcohol ,administration ,act1 as added by section #eaa2 or 7,b7 is otherwise licensed or permitted under the law in such ,state1 jurisdiction of such ,indian ,tribe1 or law in such locality to engage in a commercial cannabis-related activity4 7#c7 ,owner ,the term owner1 with respect to a business1 means an individual or entity that is defined as an owner under the ,state1 ,tribal1 or local law where the individual or entity is licensed or permitted to operate such business4 7#d7 ,state ,the term ,state means-- 7,a7 each of the several ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any territory or possession of the ,united ,states4 #cje4 ,pilot program ,section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7 is amended by adding at the end the following3 7o7 ,pilot program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible intermediary ,the term eligible intermediary means-- 7i7 a private1 nonprofit entity1 including a private1 nonprofit community development corporation1 a consortium of private1 nonprofit organizations or nonprofit community development corporations1 and an agency of or nonprofit entity established by a ,native ,american ,tribal ,government1 that-- 7,i7 seeks or has been awarded a loan from the ,administrator to make loans to small business concerns under this subsection2 and 7,,ii7 has not less than #a year of experience making loans to startup or socially and economically disadvantaged small business concerns2 7ii7 a community development financial institution1 as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb72 and 7iii7 a minority depository institution1 as defined in section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note74 7,b7 ,individual adversely impacted by the ,war on ,drugs ,the term individual adversely impacted by the ,war on ,drugs has the meaning given the term in section #cja7;b7 of the ,cannabis ,administration and ,opportunity ,act4 7,c7 ,program ,the term ,program means the small business intermediary lending pilot program established under paragraph 7#b74 7,d7 ,socially and economically disadvantaged small business concern ,the term socially and economically disadvantaged small business concern has the meaning given the term in section #h7;a77#d77;,a74 7#b7 ,establishment ,there is established a #aj-year small business intermediary lending pilot program under which the ,administrator may-- 7,a7 make direct loans to eligible intermediaries for the purpose of making loans to startup small business concerns1 small business concerns owned and controlled by individuals adversely impacted by the ,war on ,drugs1 or socially and economically disadvantaged small business concerns2 and 7,b7 in conjunction with the direct loans described in subparagraph 7,a71 make grants to eligible intermediaries for the purpose of providing intensive marketing1 management1 regulatory compliance1 and technical assistance to the small business concerns described in subparagraph 7,a7 that receive a loan under this subsection4 7#c7 ,loans to eligible intermediaries 7,a7 ,application ,each eligible intermediary desiring a loan under this subsection shall submit an application to the ,administrator that describes-- 7i7 the type of small business concerns to be assisted2 7ii7 the size and range of loans to be made2 7iii7 the interest rate and terms of loans to be made2 7iv7 the geographic area to be served and the economic1 poverty1 and unemployment characteristics of the area2 7v7 the status of small business concerns in the area to be served and an analysis of the availability of credit2 7vi7 the marketing1 management1 regulatory compliance1 and other technical assistance to be provided in connection with a loan made under this subsection2 and 7vii7 the qualifications of the applicant to carry out this subsection4 7,b7 ,loan limits ,no loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the ,administrator would1 as a result of such loan1 exceed #aj1jjj1jjj during the participation of the eligible intermediary in the ,program4 7,c7 ,loan duration ,loans made by the ,administrator under this subsection shall be for a term of #bj years4 7,d7 ,applicable interest rate ,loans made by the ,administrator to an eligible intermediary under the ,program shall bear an annual interest rate equal to the interest rate described in subsection 7m77#c77;,f77ii74 7,e7 ,fees2 collateral ,the ,administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection4 7,f7 ,delayed payments ,the ,administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the ,program during the #b-year period beginning on the date of the initial disbursement of funds under that loan4 7,g7 ,maximum participants and amounts ,during each fiscal years1 the ,administrator may make loans under the ,program-- 7i7 to not more than #cj eligible intermediaries2 and 7ii7 in a total amount of not more than #cjj1jjj1jjj4 7#d7 ,loans to small business concerns 7,a7 ,in general ,the ,administrator1 through an eligible intermediary1 shall make loans to the small business concerns described in paragraph 7#b7 for eligible uses under subsection 7a74 7,b7 ,maximum loan ,an eligible intermediary may not make a loan under this subsection of more than #bjj1jjj to any #a small business concern4 7,c7 ,applicable interest rates 7i7 ,in general ,subject to clause 7ii71 a loan made by an eligible intermediary to a small business concern under this subsection-- 7,i7 may have a fixed or a variable interest rate2 and 7,,ii7 shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection4 7ii7 ,restrictions ,the ,administrator may limit the interest rate or provide forbearance or deferment on repayment of a loan made by an eligible intermediary to a small business concern under this section4 7,d7 ,review restrictions ,the ,administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary4 7#e7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for fiscal year #bjbc1 to remain available until ,september #cj1 #bjbg-- 7,a7 #ij1jjj1jjj to carry out paragraph 7#b77;,a72 and 7,b7 #da1jjj1jjj to carry out paragraph 7#b77;,b74 7#f7 ,termination ,the authority of the ,administrator to make loans under the ,program shall terminate on the date that is #aj years after the date of enactment of this subsection4 7#g7 ,sense of the ,senate ,it is the sense of the ,senate that the ,administrator should issue regulations to ensure that the processing and disbursement of loans under this subsection prioritizes individuals adversely impacted by the ,war on ,drugs4 4 #cjf4 ,eliminating disparities among cannabis-related legitimate businesses and service providers 7a7 ,definitions ,in this section-- 7#a7 the terms cannabis-related legitimate business and cannabis-related service provider have the meanings given those terms in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 as added by section #cjc2 and 7#b7 the term individual adversely impacted by the ,war on ,drugs has the meaning given the term in section #cja7;b74 7b7 ,review ,the ,administrator of the ,small ,business ,administration-- 7#a7 shall review regulations1 policies1 and guidance of the ,administration to eliminate disparities for cannabis-related legitimate businesses and cannabis-related service providers1 including by reducing regulatory burdens and increasing loan eligibility for minority businesses and individuals adversely impacted by the ,war on ,drugs2 and 7#b7 in carrying out paragraph 7#a71 may consider effective1 ,state-level systems designed to eliminate disparities for cannabis-related legitimate businesses and cannabis-related service providers4 ,b ,restorative justice #caa4 ,resentencing and expungement 7a7 ,expungement of federal cannabis offense convictions for individuals not under a criminal justice sentence 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 each ,federal district shall conduct a comprehensive review and issue an order expunging each conviction or adjudication of juvenile delinquency for a ,federal cannabis offense entered by each ,federal court in the district before the date of enactment of this ,act and on or after ,may #a1 #aiga4 ,each ,federal court shall also issue an order expunging any arrests associated with each expunged conviction or adjudication of juvenile delinquency4 7#b7 ,notification ,to the extent practicable1 each ,federal district shall notify each individual whose arrest1 conviction1 or adjudication of delinquency has been expunged pursuant to this subsection that their arrest1 conviction1 or adjudication of juvenile delinquency has been expunged1 and the effect of such expungement4 7#c7 ,right to petition court for expungement ,at any point after the date of enactment of this ,act1 any individual with a prior conviction or adjudication of juvenile delinquency for a ,federal cannabis offense1 who is not under a criminal justice sentence1 may file a motion for expungement4 ,if the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this ,act1 the court shall expunge the conviction or adjudication1 and any associated arrests4 ,if the individual is indigent1 counsel shall be appointed to represent the individual in any proceedings under this subsection4 7#d7 ,sealed record ,the court shall seal all records related to a conviction or adjudication of juvenile delinquency that has been expunged under this subsection4 ,such records may only be made available by further order of the court4 7#e7 ,certification ,the court shall provide a certificate to the individual receiving expungement for a prior ,federal cannabis offense4 ,any records of this certification shall be sealed under paragraph 7#d74 7b7 ,effect of expungement ,an individual who has had an arrest1 a conviction1 or juvenile delinquency adjudication expunged under this section-- 7#a7 may treat the arrest1 conviction1 or adjudication as if it never occurred2 7#b7 shall be immune from any civil or criminal penalties related to perjury1 false swearing1 or false statements1 for a failure to disclose such arrest1 conviction1 or adjudication2 and 7#c7 shall not be subject to any loss of ,federal benefits related to the expunged cannabis offense4 7c7 ,exception ,an individual who at sentencing received an aggravating role adjustment pursuant to section #c;,b#a4a7;a7 of the ,united ,states ,sentencing ,guidelines in relation to a ,federal cannabis offense conviction shall not be eligible for expungement of that ,federal cannabis offense conviction under this section1 unless a ,federal court conducting the sentencing review finds mitigating factors to warrant expungement1 including the age of the individual at the time of the arrest1 conviction1 or adjudication1 the role of the individual in the offense1 or whether it was the first ,federal cannabis offense committed by the individual4 7d7 ,definitions ,in this section3 7#a7 ,the term ,federal cannabis offense means an offense that is no longer punishable pursuant to this ,act or the amendments made under this ,act4 7#b7 ,the term expunge means1 with respect to an arrest1 a conviction1 or a juvenile delinquency adjudication1 the removal of the record of such arrest1 conviction1 or adjudication from each official index or public record4 7#c7 ,the term under a criminal justice sentence means1 with respect to an individual1 that the individual is serving a term of probation1 parole1 supervised release1 imprisonment1 official detention1 pre-release custody1 or work release1 pursuant to a sentence or disposition of juvenile delinquency imposed on or after ,may #a1 #aiga4 7e7 ,study ,the ,comptroller ,general of the ,united ,states1 in consultation with the ,secretary of ,health and ,human ,services1 shall conduct a demographic study of individuals convicted of a ,federal cannabis offense4 ,such study shall include information about the age1 race1 ethnicity1 sex1 and gender identity of those individuals1 the type of community such users dwell in1 and such other demographic information as the ,comptroller ,general determines should be included4 7f7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall report to ,congress the results of the study conducted under subsection 7f74 #cab4 ,no discrimination in the provision of a ,federal public benefit on the basis of cannabis 7a7 ,in general ,no person may be denied any ,federal public benefit 7as such term is defined in section #dja7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;c777 on the basis of any use or possession of cannabis1 or on the basis of a conviction or adjudication of juvenile delinquency for a cannabis offense1 by that person4 7b7 ,security clearances ,a ,federal agency may not grant1 deny1 or rescind a security clearance based solely on past or present cannabis use4 #cac4 ,no adverse effect for purposes of the immigration laws 7a7 ,in general ,for purposes of the immigration laws 7as defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7771 cannabis may not be considered a controlled substance1 and an alien may not be denied any benefit or protection under the immigration laws based on any event1 including conduct1 a finding1 an admission1 addiction or abuse1 an arrest1 a juvenile adjudication1 or a conviction1 relating to cannabis1 regardless of whether the event occurred before1 on1 or after the effective date of this ,act4 7b7 ,amendments to the ,immigration and ,nationality ,act ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;f77#c7 7#h ,u4,s4,c4 #aaja7;f77#c771 by striking 7except as such paragraph relates to a single offense of simple possession of #cj grams or less of marihuana72 7#b7 in section #baj7;c77#b77;,b77ii77,,iii7 7#h ,u4,s4,c4 #aafj7;c77#b77;,b77ii77,,iii771 by striking 1 except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marihuana2 7#c7 in section #bab7;h7 7#h ,u4,s4,c4 #aahb7;h771 by striking and subparagraph 7,a77i77,,ii7 of such subsection insofar as it relates to a single offense of simple possession of #cj grams or less of marijuana2 7#d7 in section #bcg7;a77#b77;,b77i7 7#h ,u4,s4,c4 7a77#b77;,b77i771 by striking 1 other than a single offense involving possession for one's own use of #cj grams or less of marijuana2 7#e7 in section #bdj7;c77#f7 7#h ,u4,s4,c4 #abbi;a7c77#f771 by amending subparagraphs 7,a7 and 7,b7 to read as follows3 7,a7 ,right to file 7i7 ,in general ,except as provided in clause 7ii71 a noncitizen may file #a motion to reconsider a decision that the alien is removable from the ,united ,states4 7ii7 ,removal orders impacted by cannabis offenses ,in addition to the motion authorized under clause 7i71 a removal order shall be reconsidered upon a motion filed at any time by a noncitizen demonstrating that-- 7,i7 such order was based1 in whole or in part1 on an offense relating to cannabis that rendered the noncitizen deportable or inadmissible2 or 7,,ii7 an offense relating to cannabis-- 7aa7 rendered the noncitizen ineligible for a benefit or relief under this ,act2 or 7bb7 formed all or part of the basis for the denial of a benefit or relief under this ,act4 7,b7 ,deadline ,a motion to reconsider under subparagraph 7,a77i7 shall be filed not later than #cj days after the date of entry of the relevant final administrative order of removal4 2 7#f7 in section #bdd7;c77#b77;,a77iii77,,ii7 7#h ,u4,s4,c4 #abed;a7c77#b77;,a77iii77,,ii77 by striking 1 except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marijuana2 7#g7 in section #bde7;h77#b77;,b7 7#h ,u4,s4,c4 #abee7;h77#b77;,b77 by striking 7except for so much of such paragraph as related to a single offense of simple possession of #cj grams or less of marijuana72 and 7#h7 in section #bde;,a7d77#b77;,b77ii77,,ii7 7#h ,u4,s4,c4 #abee;a7d77#b77;,b77ii77,,ii77 by striking 1 except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marihuana4 #cad4 ,provision by health care providers of the ,department of ,veterans ,affairs of recommendations and opinions regarding veteran participation in cannabis programs ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall update all applicable regulations1 guidance1 memoranda1 and policies of the ,department of ,veterans ,affairs to authorize physicians and other health care providers employed by the ,department-- 7#a7 to provide recommendations and opinions to veterans regarding the participation of such veterans in cannabis programs authorized under ,state or ,federal law2 and 7#b7 to complete forms reflecting such recommendations and opinions4 #cae4 ,provision by health care providers of ,indian health programs of recommendations and opinions regarding participation in cannabis programs ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,indian ,health ,service shall update all applicable regulations1 guidance1 memoranda1 and policies of the ,indian ,health ,service to authorize health care providers 7as defined in section #hje7;a7 of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afge7;a777-- 7#a7 to provide recommendations and opinions to patients relating to the participation of those patients in ,state or ,tribal cannabis programs authorized under ,federal or ,state law2 and 7#b7 to complete forms reflecting those recommendations and opinions4 ,,iv ,taxation and ,establishment of ,trust ,fund #dja4 ,creation of ,opportunity ,trust ,fund and imposition of taxes with respect to cannabis products 7a7 ,cannabis ,revenue and ,regulation ,act ,subtitle ,e of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new chapter3 #ef ,cannabis ,products ,subchapter ,a4 ,tax on ,cannabis ,products ,subchapter ,b4 ,authorization and ,bond ,requirements ,subchapter ,c4 ,operations ,subchapter ,d4 ,penalties ,a ,tax on ,cannabis ,products ,sec4 #eija4 ,imposition of tax4 ,sec4 #eijb4 ,definitions4 ,sec4 #eijc4 ,liability and method of payment4 ,sec4 #eijd4 ,exemption from tax2 transfers in bond4 ,sec4 #eije4 ,credit1 refund1 or drawback of tax4 #eija4 ,imposition of tax 7a7 ,imposition of tax ,there is hereby imposed on any cannabis product produced in or imported into the ,united ,states a tax equal to-- 7#a7 for any such product removed during the first #e calendar years ending after the date on which this chapter becomes effective1 the applicable percentage of such product's removal price1 and 7#b7 for any product removed during any calendar year after the calendar years described in paragraph 7#a71 the applicable equivalent amount4 7b7 ,applicable percentage ,for purposes of subsection 7a77#a71 the applicable percentage shall be determined as follows3 7#a7 ,for any cannabis product sold during the first #b calendar years in which this chapter becomes effective1 #aj percent4 7#b7 ,for any cannabis product sold during the calendar year after the period described in paragraph 7#a71 #ae percent4 7#c7 ,for any cannabis product sold during the calendar year after the period described in paragraph 7#b71 #bj percent4 7#d7 ,for any cannabis product sold during the calendar year after the period described in paragraph 7#c71 #be percent4 7c7 ,applicable equivalent amount 7#a7 ,in general ,for purposes of subsection 7a77#b71 the term applicable equivalent amount means1 with respect to any cannabis product removed during any calendar year1 an amount equal to-- 7,a7 in the case of any cannabis product not described in subparagraph 7,b71 the product of the applicable rate per ounce multiplied by the number of ounces of such product 7and a proportionate tax at the like rate on all fractional parts of an ounce of such product71 and 7,b7 in the case of any ,,thc product1 the product of the applicable rate per gram multiplied by the number of grams of tetrahydrocannabinol in such product 7and a proportionate tax at the like rate on all fractional parts of a gram of tetrahydrocannabinol in such product74 7#b7 ,applicable rates 7,a7 ,in general ,for purposes of paragraph 7#a77;,a71 the term applicable rate per ounce means1 with respect to any cannabis product removed during any calendar year1 #be percent of the prevailing sales price of cannabis flowers sold in the ,united ,states during the #ab-month period ending one calendar quarter before such calendar year1 expressed on a per ounce basis1 as determined by the ,secretary4 7,b7 ,,thc products ,for purposes of paragraph 7#a77;,b71 the term applicable rate per gram means1 with respect to any cannabis product removed during any calendar year1 #be percent of the prevailing sales price of tetrahydrocannabinol sold in the ,united ,states during the #ab-month period ending one calendar quarter before such calendar year1 expressed on a per gram basis1 as determined by the ,secretary4 7d7 ,time of attachment on cannabis products2 lien for tax 7#a7 ,time of attachment ,the tax under this section shall attach to any cannabis product as soon as such product is in existence as such1 whether it be subsequently separated or transferred into any other substance1 either in the process of original production or by any subsequent process4 7#b7 ,lien for tax 7,a7 ,in general ,the tax imposed by this section shall be a first lien on the cannabis product from the time the product is in existence as such until the tax is paid4 7,b7 ,exceptions ,the lien imposed by this paragraph shall terminate in the case of products produced at a cannabis production facility when such products are-- 7i7 withdrawn from bonded premises on determination of tax1 7ii7 withdrawn from bonded premises free of tax under provisions of section #eijd7;a71 or 7iii7 exported1 deposited in a foreign-trade zone1 or deposited in a customs bonded warehouse4 7e7 ,credit for qualified domestic manufacturers 7#a7 ,in general ,in the case of a qualified domestic manufacturer of cannabis products1 there shall be allowed as a credit against any tax imposed by subsection 7a7 for the calendar year an amount equal to #ej percent of the applicable tax amount for such calendar year4 7#b7 ,applicable tax amount 7,a7 ,in general ,for purposes of this subsection1 the applicable tax amount shall be an amount equal to the lesser of-- 7i7 the amount of any tax imposed by subsection 7a7 for the calendar year1 or 7ii7 the phase-in amount4 7,b7 ,phase-in amount ,for purposes of subparagraph 7,a71 the phase-in amount shall be an amount equal to-- 7i7 for the calendar year which includes the date on which this chapter first becomes effective1 #b1jjj1jjj1 7ii7 for the first calendar year subsequent to the calendar year described in clause 7i71 #b1jjj1jjj1 7iii7 for the second calendar year subsequent to the calendar year described in clause 7i71 #c1jjj1jjj1 7iv7 for the third calendar year subsequent to the calendar year described in clause 7i71 #d1jjj1jjj1 and 7v7 for any calendar years subsequent to the calendar year described in clause 7iv71 #e1jjj1jjj4 7#c7 ,credit not allowed for cannabis received in bond1 imported1 smuggled1 or illegally produced 7,a7 ,in general ,the credit under this subsection shall not apply in the case of any cannabis which is-- 7i7 received in bond1 7ii7 imported1 7iii7 smuggled into the ,united ,states1 or 7iv7 produced other than as authorized by this chapter4 7,b7 ,substantial processing exception ,subparagraph 7,a77i7 shall not apply with respect to any cannabis which is transferred in bond solely as unprocessed plant matter if such cannabis is processed by the taxpayer to produce an extract which contains no plant matter4 7,c7 ,contract packaging and labeling exception ,in the case of cannabis transferred in bond from the person who produced such cannabis 7hereinafter referred to as transferor7 to another person for packaging or labeling of such cannabis1 and returned to the transferor for removal1 subparagraph 7,a77i7 shall not apply1 but only if the transferor retains title during the entire period between such production and removal4 7#d7 ,single taxpayer ,pursuant to rules issued by the ,secretary1 #b or more entities 7whether or not under common control7 that produce any cannabis product under a license1 franchise1 or other arrangement shall be treated as a single taxpayer for purposes of the application of this subsection4 7#e7 ,time for determining and allowing credit ,the credit allowable by paragraph 7#a7-- 7,a7 shall be determined at the same time the tax is determined under subsection 7a7 of this section1 and 7,b7 shall be allowable at the time the tax described in such subsection is payable as if the credit allowable by this subsection constituted a reduction in the rate of such tax4 7#f7 ,controlled groups ,rules similar to rules of section #ejea7;a77#e7 shall apply for purposes of this subsection4 #eijb4 ,definitions 7a7 ,definitions related to cannabis products ,for purposes of this subtitle-- 7#a7 ,cannabis2 cannabis product ,the terms cannabis and cannabis product have the same meaning given such terms under subsection 7ss7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#b7 ,cannabis flower ,the term cannabis flower means any cannabis plant product consisting of the flower of the plant ,cannabis sativa ,l41 or any other part of such plant with significant concentrations of tetrahydrocannabinol as designated by the ,secretary4 7#c7 ,cannabis plant product ,the term cannabis plant product means any part of the plant ,cannabis sativa ,l4 which-- 7,a7 is a cannabis product1 and 7,b7 does not contain any cannabis that has been processed1 extracted1 or concentrated 7other than harvesting1 drying1 curing1 or trimming74 7#d7 ,,thc product ,the term ,,thc product means any cannabis product other than a cannabis plant product4 7#e7 ,tetrahydrocannabinol ,the term tetrahydrocannabinol means total tetrahydrocannabinol equivalent 7as defined in paragraph 7#a77;,b7 of section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio774 7b7 ,definitions related to cannabis enterprises ,for purposes of this chapter-- 7#a7 ,cannabis enterprise ,the term cannabis enterprise means a producer1 importer1 or export warehouse proprietor4 7#b7 ,producer 7,a7 ,in general ,the term producer means any person who plants1 cultivates1 harvests1 grows1 manufactures1 produces1 compounds1 converts1 processes1 prepares1 or packages any cannabis product4 7,b7 ,personal use exception ,subject to such regulations as the ,secretary shall prescribe1 the term producer shall not include any individual otherwise described in subparagraph 7,a7 if the only cannabis product described in such subparagraph with respect to such individual is for personal or family use and not for sale1 provided-- 7i7 such individual is solely involved in the planting1 cultivation1 and growing of such cannabis1 7ii7 the planting1 cultivation1 and growing of such cannabis occurs only in such individual's dwelling house1 or in any shed1 yard1 or inclosure connected with such individual's dwelling house1 and 7iii7 the quantity of cannabis products planted1 cultivated1 and grown by such individual does not exceed the personal use production limitations determined by the ,secretary as are necessary to protect the public and protect the revenue4 7#c7 ,importer ,the term importer means any person who-- 7,a7 is in the ,united ,states and to whom non-tax-paid cannabis products1 produced in a foreign country or a possession of the ,united ,states1 are shipped or consigned1 7,b7 removes cannabis products for sale or consumption in the ,united ,states from a customs bonded warehouse1 or 7,c7 smuggles or otherwise unlawfully brings any cannabis product into the ,united ,states4 7#d7 ,export warehouse proprietor 7,a7 ,in general ,the term export warehouse proprietor means any person who operates an export warehouse4 7,b7 ,export warehouse ,the term export warehouse means a bonded internal revenue warehouse for the storage of cannabis products1 upon which the internal revenue tax has not been paid-- 7i7 for subsequent shipment to a foreign country or a possession of the ,united ,states1 or 7ii7 for consumption beyond the jurisdiction of the internal revenue laws of the ,united ,states4 7#e7 ,cannabis production facility ,the term cannabis production facility means an establishment which is qualified under subchapter ,b to perform any operation for which such qualification is required under such subchapter4 7c7 ,other definitions ,for purposes of this chapter-- 7#a7 ,produce ,the term produce includes any activity described in subsection 7b77#b77;,a74 7#b7 ,removal2 remove ,the terms removal or remove means-- 7,a7 the transfer of cannabis products from the premises of a producer 7or the transfer of such products from the bonded premises of a producer to a non-bonded premises of such producer71 7,b7 release of such products from customs custody1 or 7,c7 smuggling or other unlawful importation of such products into the ,united ,states4 7#c7 ,removal price ,the term removal price means-- 7,a7 except as otherwise provided in this paragraph1 the price for which the cannabis product is sold in the sale which occurs in connection with the removal of such product1 7,b7 in the case of any such sale which is described in section #eijc7;c71 the price determined under such section1 and 7,c7 if there is no sale which occurs in connection with such removal1 the price which would be determined under section #eijc7;c7 if such product were sold at a price which cannot be determined4 #eijc4 ,liability and method of payment 7a7 ,liability for tax 7#a7 ,original liability ,the producer or importer of any cannabis product shall be liable for the taxes imposed thereon by section #eija4 7#b7 ,transfer of liability 7,a7 ,in general ,when cannabis products are transferred1 without payment of tax1 pursuant to subsection 7b7 or 7c7 of section #eijd-- 7i7 except as provided in clause 7ii71 the transferee shall become liable for the tax upon receipt by the transferee of such articles1 and the transferor shall thereupon be relieved of their liability for such tax1 and 7ii7 in the case of cannabis products which are released in bond from customs custody for transfer to the bonded premises of a producer1 the transferee shall become liable for the tax on such articles upon release from customs custody1 and the importer shall thereupon be relieved of their liability for such tax4 7,b7 ,returned to bond ,all provisions of this chapter applicable to cannabis products in bond shall be applicable to such articles returned to bond upon withdrawal from the market or returned to bond after previous removal for a tax-exempt purpose4 7b7 ,method of payment of tax 7#a7 ,in general 7,a7 ,taxes paid on basis of return ,the taxes imposed by section #eija shall be paid on the basis of return4 ,the ,secretary shall1 by regulations1 prescribe the period or the event to be covered by such return and the information to be furnished on such return4 7,b7 ,application to transferees ,in the case of any transfer to which subsection 7a77#b77;,a7 applies1 the tax under section #eija on the transferee shall 7if not otherwise relieved by reason of a subsequent transfer to which such subsection applies7 be imposed with respect to the removal of the cannabis product from the bonded premises of the transferee4 7,c7 ,postponement ,any postponement under this subsection of the payment of taxes determined at the time of removal shall be conditioned upon the filing of such additional bonds1 and upon compliance with such requirements1 as the ,secretary may prescribe for the protection of the revenue4 ,the ,secretary may1 by regulations1 require payment of tax on the basis of a return prior to removal of the cannabis products where a person defaults in the postponed payment of tax on the basis of a return under this subsection or regulations prescribed thereunder4 7,d7 ,administration and penalties ,all administrative and penalty provisions of this title1 insofar as applicable1 shall apply to any tax imposed by section #eija4 7#b7 ,time for payment of taxes 7,a7 ,in general ,except as otherwise provided in this paragraph1 in the case of taxes on cannabis products removed during any semimonthly period under bond for deferred payment of tax1 the last day for payment of such taxes shall be the #adth day after the last day of such semimonthly period4 7,b7 ,imported articles ,in the case of cannabis products which are imported into the ,united ,states1 the following provisions shall apply3 7i7 ,in general ,the last day for payment of tax shall be the #adth day after the last day of the semimonthly period during which the article is entered into the customs territory of the ,united ,states4 7ii7 ,special rule for entry of warehousing ,except as provided in clause 7iv71 in the case of an entry for warehousing1 the last day for payment of tax shall not be later than the #adth day after the last day of the semimonthly period during which the article is removed from the first such warehouse4 7iii7 ,foreign trade zones ,except as provided in clause 7iv7 and in regulations prescribed by the ,secretary1 articles brought into a foreign trade zone shall1 notwithstanding any other provision of law1 be treated for purposes of this subsection as if such zone were a single customs warehouse4 7iv7 ,exception for articles destined for export ,clauses 7ii7 and 7iii7 shall not apply to any article which is shown to the satisfaction of the ,secretary to be destined for export4 7,c7 ,cannabis products brought into the ,united ,states from ,puerto ,rico ,in the case of cannabis products which are brought into the ,united ,states from ,puerto ,rico and subject to tax under section #gfeb1 the last day for payment of tax shall be the #adth day after the last day of the semimonthly period during which the article is brought into the ,united ,states4 7,d7 ,special rule where due date falls on ,saturday1 ,sunday1 or holiday ,notwithstanding section #gejc1 if1 but for this subparagraph1 the due date under this paragraph would fall on a ,saturday1 ,sunday1 or a legal holiday 7as defined in section #gejc71 such due date shall be the immediately preceding day which is not a ,saturday1 ,sunday1 or such a holiday4 7,e7 ,special rule for unlawfully produced cannabis products ,in the case of any cannabis products produced in the ,united ,states at any place other than the premises of a producer that has filed the bond and obtained the authorization required under this chapter1 tax shall be due and payable immediately upon production4 7#c7 ,taxpayers liable for taxes of not more than #ajj1jjj 7,a7 ,in general 7i7 ,more than #aj1jjj and not more than #ajj1jjj in taxes ,except as provided in clause 7ii71 in the case of any taxpayer who reasonably expects to be liable for not more than #ajj1jjj in taxes imposed with respect to cannabis products under sections #eija and #gfeb for the calendar year and who was liable for not more than #ajj1jjj in such taxes in the preceding calendar year1 the last day for the payment of tax on withdrawals1 removals1 and entries 7and articles brought into the ,united ,states from ,puerto ,rico7 shall be the #adth day after the last day of the calendar quarter during which the action giving rise to the imposition of such tax occurs4 7ii7 ,not more than #aj1jjj in taxes ,in the case of any taxpayer who reasonably expects to be liable for not more than #aj1jjj in taxes imposed with respect to cannabis products under sections #eija and #gfeb for the calendar year and who was liable for not more than #aj1jjj in such taxes in the preceding calendar year1 the last day for the payment of tax on withdrawals1 removals1 and entries 7and articles brought into the ,united ,states from ,puerto ,rico7 shall be the #adth day after the last day of the calendar year4 7,b7 ,no application after limit exceeded 7i7 ,exceeds #ajj1jjj limit ,subparagraph 7,a77i7 shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections #eija and #gfeb from such taxpayer during such calendar year exceeds #ajj1jjj1 and any tax under such sections which has not been paid on such date shall be due on the #adth day after the last day of the semimonthly period in which such date occurs4 7ii7 ,exceeds #aj1jjj limit ,subparagraph 7,a77ii7 shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections #eija and #gfeb from such taxpayer during such calendar year exceeds #aj1jjj1 and any tax under such sections which has not been paid on such date shall be due on the #adth day after the last day of the calendar quarter in which such date occurs4 7,c7 ,calendar quarter ,for purposes of this paragraph1 the term calendar quarter has the same meaning given such term under section #ejfa7;d77#d77;,c74 7#d7 ,payment by electronic fund transfer ,any person who in any #ab-month period1 ending ,december #ca1 was liable for a gross amount equal to or exceeding #e1jjj1jjj in taxes imposed on cannabis products by section #eija 7or section #gfeb7 shall pay such taxes during the succeeding calendar year by electronic fund transfer 7as defined in section #ejfa7;e77#b77 to a ,federal ,reserve ,bank4 ,rules similar to the rules of section #ejfa7;e77#c7 shall apply to the #e1jjj1jjj amount specified in the preceding sentence4 7c7 ,determination of ,price 7#a7 ,constructive sale price 7,a7 ,in general ,if an article is sold directly to consumers1 sold on consignment1 or sold 7otherwise than through an arm's length transaction7 at less than the fair market price1 or if the price for which the article sold cannot be determined1 the tax under section #eija7;a7 shall be-- 7i7 computed on the price for which such articles are sold1 in the ordinary course of trade1 by producers thereof1 as determined by the ,secretary1 and 7ii7 imposed on either person involved in such sale1 as determined by the ,secretary4 7,b7 ,arm's length 7i7 ,in general ,for purposes of this section1 a sale is considered to be made under circumstances otherwise than at arm's length if-- 7,i7 the parties are members of the same controlled group1 whether or not such control is actually exercised to influence the sale price1 7,,ii7 the parties are members of a family1 as defined in section #bfg7;c77#d71 or 7,,iii7 the sale is made pursuant to special arrangements between a producer and a purchaser4 7ii7 ,controlled groups 7,i7 ,in general ,the term controlled group has the meaning given to such term by subsection 7a7 of section #aefc1 except that more than #ej percent shall be substituted for at least #hj percent each place it appears in such subsection4 7,,ii7 ,controlled groups which include nonincorporated persons ,under regulations prescribed by the ,secretary1 principles similar to the principles of subclause 7,i7 shall apply to a group of persons under common control where one or more of such persons is not a corporation4 7#b7 ,containers1 packing1 and transportation charges ,in determining1 for the purposes of this chapter1 the price for which an article is sold1 there shall be included any charge for coverings and containers of whatever nature1 and any charge incident to placing the article in condition packed ready for shipment1 but there shall be excluded the amount of tax imposed by this chapter1 whether or not stated as a separate charge4 ,a transportation1 delivery1 insurance1 installation1 or other charge 7not required by the preceding sentence to be included7 shall be excluded from the price only if the amount thereof is established to the satisfaction of the ,secretary in accordance with regulations4 7#c7 ,determination of applicable equivalent amounts ,paragraphs 7#a7 and 7#b7 shall apply for purposes of section #eija7;c7 only to the extent that the ,secretary determines appropriate4 7d7 ,partial payments and installment accounts 7#a7 ,partial payments ,in the case of-- 7,a7 a contract for the sale of an article wherein it is provided that the price shall be paid by installments and title to the article sold does not pass until a future date notwithstanding partial payment by installments1 7,b7 a conditional sale1 or 7,c7 a chattel mortgage arrangement wherein it is provided that the sales price shall be paid in installments1 there shall be paid upon each payment with respect to the article a percentage of such payment equal to the rate of tax in effect on the date such payment is due4 7#b7 ,sales of installment accounts ,if installment accounts1 with respect to payments on which tax is being computed as provided in paragraph 7#a71 are sold or otherwise disposed of1 then paragraph 7#a7 shall not apply with respect to any subsequent payments on such accounts 7other than subsequent payments on returned accounts with respect to which credit or refund is allowable by reason of section #fdaf7;b77#e771 but instead-- 7,a7 there shall be paid an amount equal to the difference between-- 7i7 the tax previously paid on the payments on such installment accounts1 and 7ii7 the total tax which would be payable if such installment accounts had not been sold or otherwise disposed of 7computed as provided in paragraph 7#a771 except that 7,b7 if any such sale is pursuant to the order of1 or subject to the approval of1 a court of competent jurisdiction in a bankruptcy or insolvency proceeding1 the amount computed under subparagraph 7,a7 shall not exceed the sum of the amounts computed by multiplying-- 7i7 the proportionate share of the amount for which such accounts are sold which is allocable to each unpaid installment payment1 by 7ii7 the rate of tax under this chapter in effect on the date such unpaid installment payment is or was due4 ,the sum of the amounts payable under this subsection in respect of the sale of any article shall not exceed the total tax4 #eijd4 ,exemption from tax2 transfers in bond 7a7 ,exemption from tax ,cannabis products on which the internal revenue tax has not been paid or determined may1 subject to such regulations as the ,secretary shall prescribe1 be withdrawn from the bonded premises of any producer in approved containers free of tax and not for resale for use-- 7#a7 exclusively in scientific research by a laboratory1 7#b7 by a proprietor of a cannabis production facility in research1 development1 or testing 7other than consumer testing or other market analysis7 of processes1 systems1 materials1 or equipment1 relating to cannabis or cannabis operations1 under such limitations and conditions as to quantities1 use1 and accountability as the ,secretary may by regulations require for the protection of the revenue1 7#c7 in any drug containing cannabis which is in compliance with ,federal and ,state law1 or 7#d7 by the ,united ,states or any governmental agency thereof1 any ,state1 any political subdivision of a ,state1 or the ,district of ,columbia1 for nonconsumption purposes4 7b7 ,cannabis products transferred or removed in bond from domestic factories and export warehouses 7#a7 ,in general ,subject to such regulations and under such bonds as the ,secretary shall prescribe1 a producer or export warehouse proprietor may transfer cannabis products1 without payment of tax1 to the bonded premises of another producer or export warehouse proprietor1 or remove such articles1 without payment of tax1 for shipment to a foreign country or a possession of the ,united ,states1 or for consumption beyond the jurisdiction of the internal revenue laws of the ,united ,states4 7#b7 ,labeling ,cannabis products may not be transferred or removed under this subsection unless such products bear such marks1 labels1 or notices as the ,secretary shall by regulations prescribe4 7c7 ,cannabis products released in bond from customs custody ,cannabis products imported or brought into the ,united ,states may be released from customs custody1 without payment of tax1 for delivery to a producer or export warehouse proprietor if such articles are not put up in packages1 in accordance with such regulations and under such bond as the ,secretary shall prescribe4 7d7 ,cannabis products exported and returned ,cannabis products classifiable under item #ihja4jj4aj of the ,harmonized ,tariff ,schedule of the ,united ,states 7relating to duty on certain articles previously exported and returned71 as in effect on the date of the enactment of the ,cannabis ,administration and ,opportunity ,act1 may be released from customs custody1 without payment of that part of the duty attributable to the internal revenue tax for delivery to the original producer of such cannabis products or to the export warehouse proprietor authorized by such producer to receive such products1 in accordance with such regulations and under such bond as the ,secretary shall prescribe4 ,upon such release such products shall be subject to this chapter as if they had not been exported or otherwise removed from internal revenue bond4 #eije4 ,credit1 refund1 or drawback of tax 7a7 ,credit or refund 7#a7 ,in general ,credit or refund of any tax imposed by this chapter or section #gfeb shall be allowed or made 7without interest7 to the cannabis enterprise on proof satisfactory to the ,secretary that the claimant cannabis enterprise has paid the tax on-- 7,a7 cannabis products withdrawn from the market by the claimant1 or 7,b7 such products lost 7otherwise than by theft7 or destroyed1 by fire1 casualty1 or act of ,god1 while in the possession or ownership of the claimant4 7#b7 ,cannabis products lost or destroyed in bond 7,a7 ,extent of loss allowance ,no tax shall be collected in respect of cannabis products lost or destroyed while in bond1 except that such tax shall be collected-- 7i7 in the case of loss by theft1 unless the ,secretary finds that the theft occurred without connivance1 collusion1 fraud1 or negligence on the part of the proprietor of the cannabis production facility1 owner1 consignor1 consignee1 bailee1 or carrier1 or their employees or agents1 7ii7 in the case of voluntary destruction1 unless such destruction is carried out as provided in paragraph 7#c71 and 7iii7 in the case of an unexplained shortage of cannabis products4 7,b7 ,proof of loss ,in any case in which cannabis products are lost or destroyed1 whether by theft or otherwise1 the ,secretary may require the proprietor of a cannabis production facility or other person liable for the tax to file a claim for relief from the tax and submit proof as to the cause of such loss4 ,in every case where it appears that the loss was by theft1 the burden shall be upon the proprietor of the cannabis production facility or other person responsible for the tax under section #eija to establish to the satisfaction of the ,secretary that such loss did not occur as the result of connivance1 collusion1 fraud1 or negligence on the part of the proprietor of the cannabis production facility1 owner1 consignor1 consignee1 bailee1 or carrier1 or their employees or agents4 7,c7 ,refund of tax ,in any case where the tax would not be collectible by virtue of subparagraph 7,a71 but such tax has been paid1 the ,secretary shall refund such tax4 7,d7 ,limitations ,except as provided in subparagraph 7,e71 no tax shall be abated1 remitted1 credited1 or refunded under this paragraph where the loss occurred after the tax was determined4 ,the abatement1 remission1 credit1 or refund of taxes provided for by subparagraphs 7,a7 and 7,c7 in the case of loss of cannabis products by theft shall only be allowed to the extent that the claimant is not indemnified against or recompensed in respect of the tax for such loss4 7,e7 ,applicability ,the provisions of this paragraph shall extend to and apply in respect of cannabis products lost after the tax was determined and before completion of the physical removal of the cannabis products from the bonded premises4 7#c7 ,voluntary destruction ,the proprietor of a cannabis production facility or other persons liable for the tax imposed by this chapter or by section #gfeb with respect to any cannabis product in bond may voluntarily destroy such products1 but only if such destruction is under such supervision and under such regulations as the ,secretary may prescribe4 7#d7 ,limitation ,any claim for credit or refund of tax under this subsection shall be filed within #f months after the date of the withdrawal from the market1 loss1 or destruction of the products to which the claim relates1 and shall be in such form and contain such information as the ,secretary shall by regulations prescribe4 7b7 ,drawback of tax ,there shall be an allowance of drawback of tax paid on cannabis products1 when shipped from the ,united ,states1 in accordance with such regulations and upon the filing of such bond as the ,secretary shall prescribe4 #eijf4 ,drawback on tax for certain uses 7a7 ,eligibility ,any person using cannabis on which the tax under this subchapter has been determined1 in the manufacture or production of-- 7#a7 a drug containing cannabis which is in compliance with ,federal and ,state law1 or 7#b7 extracts with a tetrahydrocannabinol concentration of not more than the allowable tetrahydrocannabinol equivalent amount as described in paragraph 7#a77;,c7 of section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio71 shall be eligible for drawback at the time when such cannabis is used in the manufacture of such products as provided for in this section4 7b7 ,registration and regulation ,every person claiming drawback under this section shall-- 7#a7 register annually with the ,secretary1 7#b7 keep such books and records as may be necessary to establish the fact that cannabis received by such person and on which the tax has been determined were used in a manner described in subsection 7a71 and 7#c7 be subject to such rules and regulations in relation thereto as the ,secretary shall prescribe to secure the ,treasury against frauds4 7c7 ,investigation of claims ,for the purpose of ascertaining the correctness of any claim filed under this section1 the ,secretary is authorized to-- 7#a7 examine any books1 papers1 records1 or memoranda bearing upon the matters required to be alleged in the claim1 7#b7 require the attendance of the person filing the claim or of any officer or employee of such person or the attendance of any other person having knowledge in the premises1 and 7#c7 take testimony with reference to any matter covered by the claim and to administer oaths to any person giving such testimony4 7d7 ,drawback 7#a7 ,rate of drawback ,in the case of cannabis on which the tax under this subchapter has been paid or determined1 and which has been used as provided in this section1 a drawback shall be allowed at a rate equal to #ij percent of the amount of such tax which has been paid or determined4 7#b7 ,claims 7,a7 ,in general ,subject to subparagraph 7,b71 such drawback shall be due and payable quarterly upon filing of a proper claim with the ,secretary4 7,b7 ,exception 7i7 ,monthly basis ,in the case of any person entitled to such drawback who elects in writing to file monthly claims therefor1 such drawback shall be due and payable monthly upon filing of a proper claim with the ,secretary4 7ii7 ,bond requirement ,the ,secretary may require persons electing to file monthly drawback claims under this subparagraph to file with the ,secretary a bond or other security in such amount and with such conditions as the ,secretary shall by regulations prescribe4 7iii7 ,revocation ,any election under clause 7i7 may be revoked on filing of notice thereof with the ,secretary4 7,c7 ,additional requirement ,no claim under this section shall be allowed unless filed with the ,secretary within the #f months next succeeding the quarter in which the cannabis covered by the claim was used as provided in this section4 7#c7 ,allowance of drawback even where certain requirements not met 7,a7 ,in general ,no claim for drawback under this subsection shall be denied in the case of a failure to comply with any requirement imposed under this section or any rule or regulation issued thereunder upon the claimant's establishing to the satisfaction of the ,secretary that cannabis on which the tax has been paid or determined was in fact used in a manner described in subsection 7a74 7,b7 ,penalty 7i7 ,in general ,in the case of a failure to comply with any requirement imposed under this section or any rule or regulation issued thereunder1 the claimant shall be liable for a penalty of #a1jjj for each failure to comply unless it is shown that the failure to comply was due to reasonable cause4 7ii7 ,penalty may not exceed amount of claim ,the aggregate amount of the penalties imposed under clause 7i7 for failures described in subparagraph 7,a7 in respect of any claim shall not exceed the amount of such claim 7determined without regard to clause 7i774 7,c7 ,penalty treated as tax ,the penalty imposed by subparagraph 7,b7 shall be assessed1 collected1 and paid in the same manner as taxes1 as provided in section #fffe7;a74 ,b ,authorization and ,bond ,requirements ,sec4 #eiaa4 ,establishment and bond4 ,sec4 #eiab4 ,application4 ,sec4 #eiac4 ,cannabis production facility4 #eiaa4 ,establishment and bond 7a7 ,prohibition on production outside of bonded cannabis production facility 7#a7 ,in general ,except as authorized by the ,secretary or on the bonded premises of a cannabis production facility duly authorized to produce cannabis products according to law1 no cannabis product may be planted1 cultivated1 harvested1 grown1 manufactured1 produced1 compounded1 converted1 processed1 prepared1 or packaged in any building or on any premises4 7#b7 ,authorized producers only ,any person establishing a cannabis production facility shall1 prior to commencing operations-- 7,a7 make application to the ,secretary pursuant to section #eiab1 7,b7 file the bond required under subsection 7b71 and 7,c7 receive authorization from the ,secretary to operate4 7#c7 ,personal use exception ,this subsection shall not apply with respect the activities of an individual who is not treated as a producer by reason of section #eijb7;b77#b77;,b74 7b7 ,bond 7#a7 ,when required ,every person1 before commencing business as a producer or an export warehouse proprietor1 shall file such bond1 conditioned upon compliance with this chapter and regulations issued thereunder1 in such form1 amount1 and manner as the ,secretary shall by regulation prescribe4 ,a new or additional bond may be required whenever the ,secretary considers such action necessary for the protection of the revenue4 7#b7 ,approval or disapproval ,no person shall engage in such business until he receives notice of approval of such bond4 ,a bond may be disapproved1 upon notice to the principal on the bond1 if the ,secretary determines that the bond is not adequate to protect the revenue4 7#c7 ,cancellation ,any bond filed hereunder may be canceled1 upon notice to the principal on the bond1 whenever the ,secretary determines that the bond no longer adequately protects the revenue4 7#d7 ,removal of bond requirements 7,a7 ,in general ,during any period to which subparagraph 7,a7 of section #eijc7;b77#c7 applies to a taxpayer 7determined after application of subparagraph 7,b7 thereof71 such taxpayer shall not be required to furnish any bond with respect to engaging in any business as a producer or an export warehouse proprietor4 7,b7 ,satisfaction of bond requirements ,any taxpayer for any period described in subparagraph 7,a7 shall be treated as if sufficient bond has been furnished for purposes of engaging in such business for purposes of any requirements relating to bonds under this chapter4 #eiab4 ,application ,the application required pursuant to this section shall disclose1 as regulations issued by the ,secretary shall provide1 such information as may be necessary to enable the ,secretary to determine the location and extent of the premises1 the type of operations to be conducted on such premises1 and whether the operations will be in conformity with law and regulations1 consistent with the requirements under section #cjb of the ,federal ,alcohol ,administration ,act4 #eiac4 ,cannabis production facility ,a cannabis production facility1 including noncontiguous portions thereof1 shall be so located1 constructed1 and equipped1 as to afford adequate protection to the revenue1 as regulations prescribed by the ,secretary may provide4 ,c ,operations ,sec4 #eiba4 ,inventories1 reports1 and records4 ,sec4 #eibb4 ,packaging and labeling4 ,sec4 #eibc4 ,purchase1 receipt1 possession1 or sale of cannabis products after removal4 ,sec4 #eibd4 ,restrictions relating to marks1 labels1 notices1 and packages4 ,sec4 #eibe4 ,restriction on importation of previously exported cannabis products4 #eiba4 ,inventories1 reports1 and records ,every cannabis enterprise shall-- 7#a7 make a true and accurate inventory at the time of commencing business1 at the time of concluding business1 and at such other times1 in such manner and form1 and to include such items1 as the ,secretary shall by regulation prescribe1 with such inventories to be subject to verification by any internal revenue officer1 7#b7 make reports containing such information1 in such form1 at such times1 and for such periods as the ,secretary shall by regulation prescribe1 and 7#c7 keep such records in such manner as the ,secretary shall by regulation prescribe1 with such records to be available for inspection by any internal revenue officer during business hours4 #eibb4 ,packaging and labeling 7a7 ,packages ,all cannabis products shall1 before removal1 be put up in such packages as the ,secretary shall by regulation prescribe4 7b7 ,marks1 labels1 and notices ,every package of cannabis products shall1 before removal1 bear the marks1 labels1 and notices if any1 that the ,secretary by regulation prescribes4 7c7 ,lottery features ,no certificate1 coupon1 or other device purporting to be or to represent a ticket1 chance1 share1 or an interest in1 or dependent on1 the event of a lottery shall be contained in1 attached to1 or stamped1 marked1 written1 or printed on any package of cannabis products4 7d7 ,indecent or immoral material prohibited ,no indecent or immoral picture1 print1 or representation shall be contained in1 attached to1 or stamped1 marked1 written1 or printed on any package of cannabis products4 7e7 ,exceptions ,subject to regulations prescribed by the ,secretary1 cannabis products may be exempted from subsections 7a7 and 7b7 if such products are-- 7#a7 for experimental purposes1 or 7#b7 transferred to the bonded premises of another producer or export warehouse proprietor or released in bond from customs custody for delivery to a producer4 #eibc4 ,purchase1 receipt1 possession1 or sale of cannabis products after removal 7a7 ,restriction ,no person shall-- 7#a7 with intent to defraud the ,united ,states1 purchase1 receive1 possess1 offer for sale1 or sell or otherwise dispose of1 after removal1 any cannabis products-- 7,a7 upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder1 or 7,b7 which1 after removal without payment of tax pursuant to section #eijd7;a71 have been diverted from the applicable purpose or use specified in that section1 7#b7 with intent to defraud the ,united ,states1 purchase1 receive1 possess1 offer for sale1 or sell or otherwise dispose of1 after removal1 any cannabis products which are not put up in packages as required under section #eibb or which are put up in packages not bearing the marks1 labels1 and notices1 as required under such section1 or 7#c7 otherwise than with intent to defraud the ,united ,states1 purchase1 receive1 possess1 offer for sale1 or sell or otherwise dispose of1 after removal1 any cannabis products which are not put up in packages as required under section #eibb or which are put up in packages not bearing the marks1 labels1 and notices1 as required under such section4 7b7 ,exception ,paragraph 7#c7 of subsection 7a7 shall not prevent the sale or delivery of cannabis products directly to consumers from proper packages1 nor apply to such articles when so sold or delivered4 7c7 ,liability to tax ,any person who possesses cannabis products in violation of paragraph 7#a7 or 7#b7 of subsection 7a7 shall be liable for a tax equal to the tax on such articles4 #eibd4 ,restrictions relating to marks1 labels1 notices1 and packages ,no person shall1 with intent to defraud the ,united ,states1 destroy1 obliterate1 or detach any mark1 label1 or notice prescribed or authorized1 by this chapter or regulations thereunder1 to appear on1 or be affixed to1 any package of cannabis products before such package is emptied4 #eibe4 ,restriction on importation of previously exported cannabis products 7a7 ,export labeled cannabis products 7#a7 ,in general ,cannabis products produced in the ,united ,states and labeled for exportation under this chapter-- 7,a7 may be transferred to or removed from the premises of a producer or an export warehouse proprietor only if such articles are being transferred or removed without tax in accordance with section #eijd1 7,b7 may be imported or brought into the ,united ,states1 after their exportation1 only if such articles either are eligible to be released from customs custody with the partial duty exemption provided in section #eijd7;d7 or are returned to the original producer of such article as provided in section #eijd7;c71 and 7,c7 may not be sold or held for sale for domestic consumption in the ,united ,states unless such articles are removed from their export packaging and repackaged by the original producer into new packaging that does not contain an export label4 7#b7 ,alterations by persons other than original producer ,this section shall apply to articles labeled for export even if the packaging or the appearance of such packaging to the consumer of such articles has been modified or altered by a person other than the original producer so as to remove or conceal or attempt to remove or conceal 7including by the placement of a sticker over7 any export label4 7#c7 ,exports include shipments to ,puerto ,rico ,for purposes of this section1 section #eijd7;d71 section #eica1 and such other provisions as the ,secretary may specify by regulations1 references to exportation shall be treated as including a reference to shipment to the ,commonwealth of ,puerto ,rico4 7b7 ,export label ,for purposes of this section1 an article is labeled for export or contains an export label if it bears the mark1 label1 or notice required under section #eijd7;b74 ,d ,penalties ,sec4 #eica4 ,civil penalties4 ,sec4 #eicb4 ,criminal penalties4 #eica4 ,civil penalties 7a7 ,omitting ,things ,required or ,doing ,things ,forbidden ,whoever willfully omits1 neglects1 or refuses to comply with any duty imposed upon them by this chapter1 or to do1 or cause to be done1 any of the things required by this chapter1 or does anything prohibited by this chapter1 shall in addition to any other penalty provided in this title1 be liable to a penalty of #aj1jjj1 to be recovered1 with costs of suit1 in a civil action1 except where a penalty under subsection 7b7 or 7c7 or under section #ffea or #ffec or part ,,ii of subchapter ,a of chapter #fh may be collected from such person by assessment4 7b7 ,failure ,to ,pay ,tax ,whoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations1 shall1 in addition to any other penalty provided in this title1 be liable to a penalty of #aj percent of the tax due but unpaid4 7c7 ,sale of cannabis or cannabis ,products for ,export 7#a7 ,every person who sells1 relands1 or receives within the jurisdiction of the ,united ,states any cannabis products which have been labeled or shipped for exportation under this chapter1 7#b7 every person who sells or receives such relanded cannabis products1 and 7#c7 every person who aids or abets in such selling1 relanding1 or receiving1 shall1 in addition to the tax and any other penalty provided in this title1 be liable for a penalty equal to the greater of #aj1jjj or #aj times the amount of the tax imposed by this chapter4 ,all cannabis products relanded within the jurisdiction of the ,united ,states shall be forfeited to the ,united ,states and destroyed4 ,all vessels1 vehicles1 and aircraft used in such relanding or in removing such cannabis products from the place where relanded1 shall be forfeited to the ,united ,states4 7d7 ,applicability of section #fffe ,the penalties imposed by subsections 7b7 and 7c7 shall be assessed1 collected1 and paid in the same manner as taxes1 as provided in section #fffe7;a74 7e7 ,cross ,references ,for penalty for failure to make deposits or for overstatement of deposits1 see section #ffef4 #eicb4 ,criminal penalties 7a7 ,fraudulent ,offenses ,whoever1 with intent to defraud the ,united ,states-- 7#a7 engages in business as a cannabis enterprise without filing the application and obtaining the authorization where required by this chapter or regulations thereunder1 7#b7 fails to keep or make any record1 return1 report1 or inventory1 or keeps or makes any false or fraudulent record1 return1 report1 or inventory1 required by this chapter or regulations thereunder1 7#c7 refuses to pay any tax imposed by this chapter1 or attempts in any manner to evade or defeat the tax or the payment thereof1 7#d7 sells or otherwise transfers1 contrary to this chapter or regulations thereunder1 any cannabis products subject to tax under this chapter1 or 7#e7 purchases1 receives1 or possesses1 with intent to redistribute or resell1 any cannabis product-- 7,a7 upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder1 or 7,b7 which1 without payment of tax pursuant to section #eijd1 have been diverted from the applicable purpose or use specified in that section1 shall1 for each such offense1 be fined not more than #aj1jjj1 or imprisoned not more than #e years1 or both4 7b7 ,liability to tax ,any person who possesses cannabis products in violation of subsection 7a7 shall be liable for a tax equal to the tax on such articles4 4 7b7 ,establishment of trust fund ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,opportunity ,trust ,fund 7a7 ,creation of ,trust ,fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,opportunity ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to ,trust ,fund ,there are hereby appropriated to the ,trust ,fund amounts equivalent to the net revenues received in the ,treasury from the taxes imposed under subchapter ,a of chapter #ef4 7c7 ,transfers to ,general ,fund ,the ,secretary shall pay from time to time from the ,trust ,fund into the general fund of the ,treasury amounts equivalent to the amounts appropriated under the ,cannabis ,administration and ,opportunity ,act4 4 7c7 ,study ,not later than #b years after the date of the enactment of this ,act1 and every #e years thereafter1 the ,secretary of the ,treasury1 or the ,secretary's delegate1 shall-- 7#a7 conduct a study concerning the characteristics of the cannabis industry1 including-- 7,a7 the number of persons operating cannabis enterprises at each level of such industry1 7,b7 the volume of sales1 7,c7 the amount of tax collected each year1 7,d7 the areas of evasion1 and 7,e7 the impact of disparate ,state taxes on diversion and smuggling of cannabis products1 and 7#b7 submit to ,congress recommendations to improve the regulation of the industry and the administration of the related tax4 7d7 ,annual reports regarding determination of applicable rates ,not later than #f months before the beginning of each calendar year to which section #eija7;a77#b7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 applies1 the ,secretary of the ,treasury1 or the ,secretary's delegate1 shall make publicly available a detailed description of the methodology which the ,secretary anticipates using to determine the applicable rate per ounce and the applicable rate per gram which will apply for such calendar year under section #eija7;c77#b7 of such ,code4 7e7 ,drawback on tax for distilled spirits used in production of cannabis or hemp ,section #eaaa of the ,internal ,revenue ,code of #aihf is amended by striking or perfume and inserting perfume1 cannabis products1 or hemp-derived products4 7f7 ,interest of internal revenue officer or employee in production of cannabis products ,section #gbad7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in the heading1 by striking tobacco or liquor production and inserting production of tobacco1 liquor1 or cannabis products1 and 7#b7 by striking or cigarettes and inserting cigarettes1 or cannabis products 7as defined in section #eijb7;a77#a774 7g7 ,papers1 tubes1 and wrappers ,section #egjb of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7e7-- 7,a7 by inserting or a cannabis product after tobacco1 and 7,b7 by inserting 7including for use as a cannabis cigarette wrapper7 after cigarette wrapper1 7#b7 in subsection 7f71 by inserting 7including for use in making cannabis cigarettes7 after making cigarettes1 and 7#c7 in subsection 7o71 by inserting 7including for use in making cannabis cigarettes7 after wrapper thereof4 7h7 ,conforming amendments 7#a7 ,section #fajc7o77#a77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking and firearms and inserting firearms1 and cannabis products4 7#b7 ,the heading of subsection 7a7 of section #gfjh of such ,code is amended by inserting cannabis products1 after tobacco14 7#c7 ,the table of chapters for subtitle ,e of such ,code is amended by adding at the end the following new item3 ,chapter #ef4 ,cannabis ,products 4 7#d7 ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,opportunity ,trust ,fund4 4 7i7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to removals1 and applications under section #eiab of the ,internal ,revenue ,code of #aihf 7as added by subsection 7a771 after #ahj days after the date of the enactment of this ,act4 7#b7 ,other amendments ,the amendments made by subsections 7b71 7c71 7d71 7f71 7g71 and 7h7 shall take effect on the date of the enactment of this ,act4 ,v ,public health1 cannabis administration1 and trade practices ,a ,public health #eja4 ,,fda regulation of cannabis 7a7 ,in general ,the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 ,,xi ,cannabis products #aaja4 ,center for ,cannabis ,products ,not later than #ij days after the date of enactment of the ,cannabis ,administration and ,opportunity ,act1 the ,secretary shall establish within the ,food and ,drug ,administration the ,center for ,cannabis ,products1 which shall report to the ,commissioner of ,food and ,drugs in the same manner as the other agency centers within the ,food and ,drug ,administration4 ,the ,center shall be responsible for the implementation of this chapter and related matters assigned by the ,commissioner4 #aajb4 ,adulterated cannabis products 7a7 ,in general ,a cannabis product shall be deemed to be adulterated if-- 7#a7 it consists in whole or in part of any filthy1 putrid1 or decomposed substance1 or is otherwise contaminated by any added poisonous or added deleterious substance that may render the product injurious to health2 7#b7 it has been manufactured1 prepared1 processed1 packed1 or held in insanitary conditions whereby it may have been contaminated with filth1 or whereby it may have been rendered injurious to health2 7#c7 it bears or contains any poisonous or deleterious substance that may render it injurious to health2 7#d7 its container is composed1 in whole or in part1 of any poisonous or deleterious substance that may render the contents injurious to health2 7#e7 it bears or contains an unsafe color additive that is unsafe within the meaning of section #gba7;a72 or 7#f7 the methods used in1 or the facilities or controls used for1 its manufacture1 preparing1 processing1 packing1 or storage are not in conformity with applicable requirements under section #aaje7;c74 7b7 ,exceptions to certain food requirements for foods containing cannabis ,provided that an article that is a food 7as defined in section #bja7;f77 and that is also a cannabis product 7as defined in section #bja7ss77#b77 otherwise complies with all applicable requirements for food under chapter ,,iv and all applicable requirements for cannabis products under this chapter1 such article shall not be deemed-- 7#a7 adulterated under section #djb7;a77#b77;,c77i7 solely on account of constituents made or derived from cannabis2 or 7#b7 a food to which has been added a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public for purposes of section #cja7ll7 solely on account of constituents made or derived from cannabis4 #aajc4 ,misbranded cannabis products ,a cannabis product shall be deemed to be misbranded-- 7#a7 if its labeling or advertising is false or misleading in any particular2 7#b7 unless it bears a label containing-- 7,a7 a prominent statement that the product contains cannabis2 7,b7 the name and place of business of its manufacturer1 packer1 or distributor2 7,c7 an accurate statement of the quantity of its contents in terms of weight1 measure1 or numerical count2 7,d7 a statement of its form as specified in regulations promulgated pursuant to section #aaje7;a72 7,e7 the amount of tetrahydrocannabinol in the product1 and if the product is packaged and labeled in such a way as to suggest more than one serving1 dose1 or the equivalent1 the amount of tetrahydrocannabinol in such serving1 dose1 or the equivalent2 7,f7 adequate directions for use1 if deemed necessary for the protection of the public health in regulations promulgated pursuant to section #aaje7;a72 7,g7 adequate directions against use by children1 if deemed necessary for the protection of the public health in regulations promulgated pursuant to section #aaje7;a72 and 7,h7 such other information as the ,secretary determines1 in regulations promulgated pursuant to section #aaje7;a71 to be necessary for the protection of the public health2 7#c7 if its label or labeling bears a statement describing the role of a cannabis constituent intended to affect the structure or any function of the body of humans or other animals1 unless-- 7,a7 there is substantiation that such statement is truthful and not misleading2 and 7,b7 the statement contains1 prominently displayed and in boldface type1 the following3 ,this statement has not been evaluated by the ,food and ,drug ,administration4 ,this product is not intended to diagnose1 treat1 cure1 or prevent any disease42 7#d7 if any word1 statement1 or other information required by or under authority of this ,act to appear on the label or labeling is not prominently placed thereon with such conspicuousness 7as compared with other words1 statements1 designs1 or devices1 in the labeling7 and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use2 7#e7 if it purports to be1 or is represented as1 a cannabis product which is subject to a cannabis product standard established under section #aajf unless such cannabis product is in all respects in conformity with such standard2 7#f7 if its sale1 distribution1 or label or labeling is not in conformity with applicable requirements under subsections 7a7 and 7b7 of section #aaje2 7#g7 if it was manufactured1 prepared1 propagated1 compounded1 or processed in an establishment not duly registered under section #aajd or if it was not included in a list required by section #aajd2 or 7#h7 if it is intended for consumption or application by an individual under #ba years of age4 #aajd4 ,annual registration 7a7 ,registration by owners and operators ,on or before ,december #ca of each year1 every person who owns or operates any establishment in any ,state engaged in the manufacture1 preparation1 compounding1 or processing of a cannabis product shall register with the ,secretary the name1 places of business1 and all such establishments of that person4 7b7 ,registration by new owners and operators ,every person upon first engaging in the manufacture1 preparation1 compounding1 or processing of a cannabis product in any establishment owned or operated in any ,state by that person shall immediately register with the ,secretary that person's name1 place of business1 and such establishment4 7c7 ,registration of added establishments ,every person required to register under subsection 7a7 or 7b7 shall immediately register with the ,secretary any additional establishment which that person owns or operates in the ,united ,states and in which that person begins the manufacture1 preparation1 compounding1 or processing of a cannabis product4 7d7 ,uniform product identification system ,the ,secretary may by regulation prescribe a uniform system for the identification of cannabis products and may require that persons who are required to list such cannabis products under subsection 7g7 shall list such cannabis products in accordance with such system4 7e7 ,public access to registration information ,the ,secretary shall make available for inspection any registration filed under this section4 7f7 ,registration by foreign establishments ,any establishment within a foreign country engaged in the manufacture1 preparation1 compounding1 or processing of a cannabis product that is imported or offered for import into the ,united ,states1 shall register under this section and shall include with the registration the name of the ,united ,states agent for the establishment4 7g7 ,registration information 7#a7 ,product list 7,a7 ,in general ,every person who registers with the ,secretary under subsection 7a71 7b71 or 7c7 shall1 at the time of registration under such subsection1 file with the ,secretary-- 7i7 a list of all cannabis products which are being manufactured1 prepared1 compounded1 or processed by that person for commercial distribution and which have not been included in any list of cannabis products filed by that person with the ,secretary under this paragraph or paragraph 7#b7 before such time of registration2 and 7ii7 such other information as the ,secretary1 in consultation with the ,secretary of the ,treasury and the ,attorney ,general1 may require1 by regulation1 to carry out the purposes of the ,cannabis ,administration and ,opportunity ,act1 including the amendments made by such ,act1 including chapter #ef of subtitle ,e of the ,internal ,revenue ,code of #aihf4 7,b7 ,form and manner of list ,the list under subparagraph 7,a77i7 shall be prepared in such form and manner as the ,secretary may prescribe and shall be accompanied by a copy of all consumer information and other labeling for such cannabis product1 a representative sampling of advertisements for such cannabis product1 and1 upon request by the ,secretary1 a copy of all advertisements for a particular cannabis product4 7#b7 ,report of any change in product list ,each person who registers with the ,secretary under this section shall report to the ,secretary as follows3 7,a7 ,prior to the introduction into commercial distribution of a cannabis product that has not been included in any list previously filed by the registrant1 a list containing such cannabis product4 7,b7 ,a notice of discontinuance of the manufacture1 preparation1 compounding1 or processing for commercial distribution of a cannabis product included in a list filed under subparagraph 7,a7 or paragraph 7#a71 and the date of such discontinuance4 7,c7 ,a notice of resumption of the manufacture1 preparation1 compounding1 or processing for commercial distribution of the cannabis product with respect to which a notice of discontinuance was reported under subparagraph 7,b74 7,d7 ,a list of each cannabis product included in a notice filed under subparagraph 7,c7 prior to the resumption of the introduction into commercial distribution of such cannabis product4 7#c7 ,publication ,the ,secretary shall publish on the website of the ,food and ,drug ,administration every registration and list filed pursuant to this section and the information accompanying every list not later than #aj days after the applicable date of filing4 7#d7 ,department of the ,treasury access ,the ,secretary shall establish a format and procedure for appropriate ,department of the ,treasury officials to access the information received by the ,secretary under this subsection1 in a prompt and secure manner4 #aaje4 ,general provisions for control of cannabis products 7a7 ,restrictions on sale and distribution 7#a7 ,remote sales ,not later than #b years after the date of enactment of the ,cannabis ,administration and ,opportunity ,act the ,secretary shall propose1 and not later than #c years after such date of enactment the ,secretary shall finalize1 regulations regarding the promotion1 sale1 and distribution of cannabis products that occur through means other than a direct1 face-to-face exchange between a retailer and a consumer1 in order to prevent the sale and distribution of cannabis products to individuals who have not attained the age of #ba1 including requirements for age verification4 7#b7 ,preventing use of cannabis products in minors ,the ,secretary shall1 by regulation1 impose such restrictions on advertising1 promotion1 and marketing of cannabis products as the ,secretary determines necessary and appropriate to prevent the consumption or application of cannabis products by individuals under #ba years of age4 ,such regulations shall prohibit the advertising1 promotion1 and marketing of cannabis products1 whether directly or indirectly1 to individuals under #ba years of age1 and any other action that has the primary purpose of initiating or increasing the use of cannabis products in such individuals4 7#c7 ,other regulations ,in addition to the restrictions under paragraphs 7#a7 and 7#b71 the ,secretary may1 by regulation1 impose other restrictions on the sale and distribution of cannabis products1 including restrictions on the access to1 and the advertising and promotion of1 the cannabis product1 if the ,secretary determines that such regulation would be appropriate for the protection of the public health4 7#d7 ,good faith consultation with ,indian ,tribes ,in issuing regulations under paragraphs 7#a71 7#b71 and 7#c71 the ,secretary shall conduct good faith1 meaningful1 and timely consultations with ,indian ,tribes 7as defined in section #c of the ,cannabis ,administration and ,opportunity ,act74 7b7 ,labeling statements ,the label and labeling of a cannabis product shall bear such appropriate statements of the restrictions required by a regulation under subsection 7a7 as the ,secretary may in such regulation prescribe4 7c7 ,good manufacturing practice requirements ,the ,secretary shall issue regulations requiring that the methods used in1 and the facilities and controls used for1 the manufacture1 preparing1 processing1 packing1 and holding of a cannabis product conform to current good manufacturing practice1 including testing for pesticide chemical residues regardless of whether a tolerance for such chemical residues has been established4 #aajf4 ,cannabis product standards 7a7 ,in general ,the ,secretary shall1 by regulation1 adopt cannabis product standards that are appropriate for protection of the public health4 7b7 ,content of standards ,a cannabis product standard established under this section shall include provisions-- 7#a7 on the ingredients of the cannabis product1 including1 where appropriate-- 7,a7 cannabinoid yields of the product1 which may consider or address1 as appropriate1 different types of cannabinoids and the interaction between the constituents of the product2 7,b7 provisions respecting the construction1 components1 ingredients1 additives1 constituents1 including smoke constituents1 and properties of the cannabis product1 which may consider1 as appropriate1 the interaction between constituents and components of the cannabis product2 and 7,c7 provisions for the reduction or elimination of harmful constituents or components of the product1 including smoke constituents2 7#b7 for the testing of the cannabis product2 7#c7 requiring that the results of testing the cannabis product show that the cannabis product is in conformity with applicable standards2 7#d7 for the measurement of the characteristics of the cannabis product1 where appropriate2 7#e7 requiring that the sale and distribution of the cannabis product be restricted but only to the extent that the sale and distribution of a cannabis product may be restricted under a regulation under this ,act2 7#f7 where appropriate1 requiring the use and prescribing the form and content of labeling for the proper use of the cannabis product and any potential adverse effects of the product2 and 7#g7 requiring cannabis products containing foreign-grown cannabis to meet the same standards applicable to cannabis products containing domestically grown cannabis4 7c7 ,periodic reevaluation of standards ,the ,secretary shall provide for periodic evaluation of cannabis product standards established under this section to determine whether such standards should be changed to reflect new medical1 scientific1 or other technological data4 #aajg4 ,recall authority 7a7 ,in general ,if the ,secretary finds that there is a reasonable probability that a cannabis product would cause serious1 adverse health consequences or death1 the ,secretary shall issue an order requiring the appropriate person 7including the manufacturers1 importers1 distributors1 or retailers of the cannabis product7 to immediately cease distribution of such cannabis product4 ,the order shall provide the person subject to the order with an opportunity to appear and introduce testimony1 to be held not later than #bj days after the date of the issuance of the order1 on the actions required by the order and on whether the order should be amended to require a recall of such cannabis product4 ,if1 after providing an opportunity to appear and introduce testimony1 the ,secretary determines that inadequate grounds exist to support the actions required by the order1 the ,secretary shall vacate the order4 7b7 ,amendment of order ,to require recall 7#a7 ,in general ,if1 after providing an opportunity to appear and introduce testimony under subsection 7a71 the ,secretary determines that the order should be amended to include a recall of the cannabis product with respect to which the order was issued1 the ,secretary shall1 except as provided in paragraph 7#b71 amend the order to require a recall4 ,the ,secretary shall specify a timetable in which the cannabis product recall will occur and shall require periodic reports to the ,secretary describing the progress of the recall4 7#b7 ,notice ,an amended order under paragraph 7#a7-- 7,a7 shall not include recall of a cannabis product from individuals2 and 7,b7 shall provide for notice to persons subject to the risks associated with the use of such cannabis product4 ,in providing the notice required by subparagraph 7,b71 the ,secretary may use the assistance of retailers and other persons who distributed such cannabis product4 ,if a significant number of such persons cannot be identified1 the ,secretary shall notify such persons pursuant to section #gje7;b74 #aajh4 ,records and reports on cannabis products 7a7 ,in general ,every person who is a cannabis product manufacturer or importer of a cannabis product shall establish and maintain such records1 make such reports1 and provide such information1 as the ,secretary may by regulation reasonably require to assure that such cannabis product is not adulterated or misbranded and to otherwise protect public health4 7b7 ,reports of removals and corrections 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall by regulation require a cannabis product manufacturer or importer of a cannabis product to report promptly to the ,secretary any corrective action taken or removal from the market of a cannabis product undertaken by such manufacturer or importer if the removal or correction was undertaken-- 7,a7 to reduce a risk to health posed by the cannabis product2 or 7,b7 to remedy a violation of this chapter caused by the cannabis product which may present a risk to health4 ,a cannabis product manufacturer or importer of a cannabis product who undertakes a corrective action or removal from the market of a cannabis product that is not required to be reported under this subsection shall keep a record of such correction or removal4 7#b7 ,exception ,no report of the corrective action or removal of a cannabis product may be required under paragraph 7#a7 if a report of the corrective action or removal is required and has been submitted under subsection 7a74 #aaji4 ,prohibition on flavored electronic cannabis product delivery system 7a7 ,in general ,any electronic cannabis product delivery system shall not contain an artificial or natural flavor 7other than cannabis7 that is a characterizing flavor1 including menthol1 mint1 mango1 strawberry1 grape1 orange1 clove1 cinnamon1 pineapple1 vanilla1 coconut1 licorice1 cocoa1 chocolate1 cherry1 or coffee4 7b7 ,definition ,for purposes of this section1 the term electronic cannabis product delivery system means an electronic device that delivers a cannabis product via an aerosolized solution to the user inhaling from the device1 and any component1 liquid1 part1 or accessory of such a device1 whether or not sold separately4 #aaaj4 ,preservation of ,state1 ,tribal1 and local authority 7a7 ,in general ,nothing in this chapter1 or rules promulgated under this chapter1 shall be construed to limit the authority of a ,federal agency 7including the ,armed ,forces71 a ,state or political subdivision of a ,state1 or the government of an ,indian ,tribe 7as defined in section #c of the ,cannabis ,administration and ,opportunity ,act7 to enact1 adopt1 promulgate1 and enforce any law1 rule1 regulation1 or other measure with respect to cannabis products that is in addition to1 or more stringent than1 requirements established under this chapter1 including a law1 rule1 regulation1 or other measure relating to or prohibiting the manufacture1 sale1 distribution1 possession1 exposure to1 access to1 advertising and promotion of1 or use of cannabis products by individuals of any age1 information reporting to the ,state or ,indian ,tribe 7as so defined71 or measures relating to fire safety or environmental standards for cannabis products4 ,no provision of this chapter shall limit or otherwise affect any ,state1 ,tribal1 or local taxation of cannabis products4 7b7 ,rule of construction regarding product liability ,no provision of this chapter relating to a cannabis product shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any ,state or ,indian ,tribe 7as so defined74 4 #ejb4 ,amendments to the ,federal ,food1 ,drug1 and ,cosmetic ,act 7a7 ,definitions ,section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 is amended-- 7#a7 in paragraph 7g77#a77;,c71 by striking 7other than food7 and inserting 7other than food or cannabis products72 7#b7 in paragraph 7ff77#a71 by striking 7other than tobacco7 and inserting 7other than a tobacco product or cannabis product72 7#c7 in paragraph 7rr77#d71 by inserting cannabis product1 after medical device2 and 7#d7 by adding at the end the following3 7ss7 7#a7 7,a7 ,the term cannabis means-- 7i7 all parts of the plant ,cannabis sativa ,l41 whether growing or not2 7ii7 the seeds thereof2 7iii7 the resin extracted from any part of such plant2 and 7iv7 every compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such plant1 its seeds or resin4 7,b7 ,the term cannabis does not include-- 7i7 hemp1 as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf2 or 7ii7 the mature stalks of such plant1 fiber produced from such stalks1 oil or cake made from the seeds of such plant1 any other compound1 manufacture1 salt1 derivative1 mixture1 or preparation of such mature stalks 7except the resin extracted therefrom71 fiber1 oil1 or cake1 or the sterilized seed of such plant which is incapable of germination4 7#b7 7,a7 ,the term cannabis product means any product made or derived from cannabis that is intended for consumption or applied to the body of man or other animals1 including any component of such product4 7,b7 ,a cannabis product does not mean an article that is a drug within the meaning of paragraph 7g77#a74 7#c7 ,with respect to cannabis or a cannabis product1 the term manufacture includes the planting1 cultivation1 growing1 and harvesting of cannabis4 4 7b7 ,prohibited acts ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7 is amended-- 7#a7 by inserting cannabis product1 after tobacco product1 each place it appears in paragraphs 7g7 and 7h72 7#b7 in paragraph 7j71 by striking or #ibj7;b7 and inserting #ibj7;b71 or #aajd2 7#c7 in paragraph 7p7-- 7,a7 by striking #eaj or #ije and inserting #eaj1 #ije1 or #aajd2 7,b7 by striking or #ije7;j7 and inserting #ije7;j71 or #aajd7;g72 and 7,c7 by striking or #ije7;i77#c7 and inserting 1 #ije7;i77#c71 or #aajd7;g77#b72 7#d7 in paragraph 7q77#b7 by inserting 1 cannabis product1 after device2 7#e7 in paragraph 7r71 by inserting cannabis product1 after device1 each place it appears2 and 7#f7 by adding at the end the following3 7fff7 7#a7 ,the sale or distribution of a cannabis product to any person younger than #ba years of age4 7#b7 ,the sale or distribution1 in any retail single transaction1 of more than #aj ounces of any cannabis product4 7#c7 ,the sale or distribution of an article that is a cannabis product and that contains alcohol1 caffeine1 or nicotine4 7#d7 ,the failure of a manufacturer or distributor to notify the ,attorney ,general and the ,secretary of the ,treasury of its knowledge of cannabis products used in illicit trade4 7ggg7 7#a7 ,the introduction or delivery for introduction into commerce of any cannabis product that is adulterated or misbranded4 7#b7 ,the adulteration or misbranding of any cannabis product in commerce4 7#c7 ,the receipt in commerce of any cannabis product that is adulterated or misbranded1 and the delivery or proffered delivery thereof for pay or otherwise4 7#d7 ,the alteration1 mutilation1 destruction1 obliteration1 or removal of the whole or any part of the labeling of1 or the doing of any other act with respect to a cannabis product1 if such act is done while such article is held for sale 7whether or not the first sale7 after shipment in commerce and results in such article being adulterated or misbranded4 7hhh7 ,the failure to comply with the requirements of section #ebd;,c4 4 7c7 ,seizure authorities ,section #cjd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting cannabis product1 after drug12 and 7,b7 in paragraph 7#b71 by inserting or cannabis product after tobacco product2 7#b7 in subsection 7d77#a71 by inserting cannabis product1 after tobacco product12 and 7#c7 in subsection 7g71 by striking or tobacco product each place it appears in paragraphs 7#a7 and 7#b77;,a7 and inserting 1 tobacco product1 or cannabis product4 7d7 ,factory inspection ,section #gjd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting cannabis products1 after tobacco products1 each place it appears2 7,b7 by striking or tobacco products each place it appears and inserting tobacco products1 or cannabis products2 and 7,c7 by striking and tobacco products and inserting tobacco products1 and cannabis products2 and 7#b7 in subsection 7b77#a71 by inserting cannabis product1 after tobacco product14 7e7 ,publicity ,section #gje7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cge7;b77 is amended by inserting cannabis products1 after tobacco products14 7f7 ,presumption ,section #gji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;a7 is amended by inserting cannabis product1 after tobacco product14 7g7 ,imports and exports ,section #hja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting cannabis products1 after tobacco products12 7,b7 by striking or tobacco products each place it appears and inserting 1 tobacco products1 or cannabis products2 and 7,c7 by striking or section #ije7;h7 and inserting 1 #ije7;h71 or #aajd2 and 7#b7 in subsection 7e71 by striking tobacco product or and inserting tobacco product1 cannabis product1 or4 #ejc4 ,expedited review ,subchapter ,a of chapter ,v of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cea et seq47 is amended by adding at the end the following3 #ebd;,b4 ,expedited review of certain drugs containing cannabis 7a7 ,establishment of program ,the ,secretary shall establish a program to expedite the development and review of applications for drugs containing cannabis that are manufactured by a small business concerned owned and controlled by socially and economically disadvantaged individuals or ,native entities that operate in the cannabis industry4 7b7 ,request for designation ,a sponsor of a drug containing cannabis that is manufactured by a small business concern owned and controlled by socially and economically disadvantaged individuals or ,native entities that operate in the cannabis industry may request that the ,secretary designate such drug for expedited review under this section4 ,a request for designation may be made concurrently with1 or at any time after1 the submission of an application for the investigation of the drug under section #eje7;i7 or section #cea7;a77#c7 of the ,public ,health ,service ,act4 7c7 ,actions ,the actions to expedite the development and review of an application designated for expedited review under this section may include1 as appropriate-- 7#a7 holding meetings with the sponsor and the review team throughout the development of the drug2 7#b7 providing timely advice to1 and interactive communication with1 the sponsor regarding the development of the drug to ensure that the development program to gather the nonclinical and clinical data necessary for approval is as efficient as practicable2 and 7#c7 priority review1 as described in the ,manual of ,policies and ,procedures of the ,food and ,drug ,administration and goals identified in the letters described in section #aja7;b7 of the ,prescription ,drug ,user ,fee ,amendments of #bjag4 7d7 ,expedited review guidance ,not later than #a year after the date of enactment of the ,cannabis ,administration and ,opportunity ,act1 and after good faith1 meaningful1 and timely consultation with ,native entities1 the ,secretary shall issue guidance on the implementation of this section4 ,such guidance shall-- 7#a7 set forth the process by which a person may seek a designation under subsection 7b72 and 7#b7 identify the criteria the ,secretary will use in evaluating a request for designation under this section4 7e7 ,definitions ,in this section3 7#a7 ,drug containing cannabis ,the term drug containing cannabis means any drug that contains any article made or derived from cannabis4 7#b7 ,native entity ,the term ,native entity means-- 7,a7 an ,indian ,tribe 7as defined in section #c of the ,cannabis ,administration and ,opportunity ,act72 7,b7 a ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb772 and 7,c7 a ,native ,hawaiian-serving entity4 7#c7 ,native ,hawaiian-serving entity ,the term ,native ,hawaiian-serving entity means-- 7,a7 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag772 7,b7 the ,department of ,hawaiian ,home ,lands2 and 7,c7 the ,office of ,hawaiian ,affairs4 7#d7 ,small business concern owned and controlled by socially and economically disadvantaged individuals ,the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section #h7;d77#c77;,c7 of the ,small ,business ,act4 #ebd;,c4 ,security requirements for drugs containing cannabis 7a7 ,in general ,the sponsor of any application under section #eje for a drug containing cannabis shall provide effective controls and procedures to guard against theft and diversion of such drug1 which may include1 if the ,secretary determines necessary1 a risk evaluation and mitigation strategy under section #eje-a4 7b7 ,standards ,the ,secretary shall prescribe1 by regulation1 standards for controls and procedures for drugs described in subsection 7a74 7c7 ,definition ,for purposes of this section1 the term drug containing cannabis means any drug that contains any article made or derived from cannabis4 4 #ejd4 ,regulation of cannabidiol 7a7 ,,cbd as a dietary supplement ,section #bja7;ff77#c77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;ff77#c77;,b77 is amended1 in the matter preceding subclause 7i71 by inserting 1 except in the case of cannabidiol derived from hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf7 after include4 7b7 ,adulteration ,section #djb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdb7 is amended by adding at the end the following new subsection3 7j7 7#a7 ,if it is a dietary supplement that contains cannabidiol1 unless-- 7,a7 such dietary supplement contains no more than an amount of cannabidiol per recommended daily serving that the ,secretary may establish 7and revise or repeal as appropriate71 subject to paragraph 7#b71 through an interim final rule1 notwithstanding any requirement for notice and comment that may otherwise apply under section #eec of title #e1 ,united ,states ,code2 7,b7 such dietary supplement is the subject of a notification submitted to the ,secretary in accordance with section #dac7;a77#b72 and 7,c7 the labeling and packaging of such dietary supplement conforms with any requirements that the ,secretary establishes regarding labeling or packaging of dietary supplements containing cannabidiol 7which may be promulgated 7and revised or repealed as appropriate7 by the ,secretary through an interim final rule1 notwithstanding any requirement for notice and comment that may otherwise apply under section #eec of title #e1 ,united ,states ,code74 7#b7 7,a7 ,the amount of cannabidiol established in accordance with paragraph 7#a77;,a7-- 7i7 shall be a threshold above which the ,secretary may not accept new dietary ingredient notifications2 and 7ii7 shall not be interpreted as a determination that lower amounts of cannabidiol are safe4 7,b7 ,the ,secretary shall establish such a threshold based on such factors as the ,secretary determines to be appropriate1 which may include a consideration of whether the review of new dietary ingredient notifications for products containing higher levels of cannabidiol may be unduly burdensome4 4 7c7 ,new dietary ingredient ,section #dac7;a77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;b7a77#a77 is amended by inserting contains no cannabidiol and before contains only dietary ingredients4 7d7 ,new prohibited act ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca71 as amended by section #ejb7;b77#f71 is further amended by adding at the end the following3 7iii7 ,the introduction or delivery for introduction into interstate commerce of any product labeled as a dietary supplement that fails to meet the definition of a dietary supplement under section #bja7;ff74 4 7e7 ,new import exclusion ,section #hja7;a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha7;a77 is amended in paragraph 7#c7 of the third sentence by striking section #cja7ll7 and inserting paragraph 7ll7 or 7iii7 of section #cja4 7f7 ,new seizure authorities ,section #cjd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccd7 is amended-- 7#a7 in subsection 7a77#a71 in the first sentence1 by inserting or any article which may not be introduced or delivered for introduction into interstate commerce under section #cja7;iii71 before shall be liable2 and 7#b7 in subsection 7d77#a71 in the first sentence1 by inserting 1 or any product otherwise introduced or delivered for introduction into interstate commerce in violation of section #cja7;iii7 and condemned under this section1 after under this section4 7g7 ,,cbd as a food additive 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary7 shall issue draft guidance describing criteria by which the ,secretary intends to evaluate the safety of cannabidiol as a food additive in any food additive petition under section #dji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdh74 ,the ,secretary shall publish final guidance within #ahj days of the close of the public comment period on such draft guidance4 7#b7 ,advisory committee ,before issuing draft guidance under paragraph 7#a71 the ,secretary shall convene and consult an advisory committee1 which shall include experts qualified in the subject matter4 #eje4 ,transition periods 7a7 ,transition period for cannabis products ,with respect to a cannabis product that was marketed in the ,united ,states within #cj days of the date of enactment of this ,act pursuant to a ,state law permitting the marketing of such product1 such product shall not be considered to be in violation of chapter ,,xi of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7as added by section #eja7 or section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca71 as amended by this title1 as applicable1 during the #ah-month period following the date of enactment of this ,act4 7b7 ,submission of applications for previously marketed drugs containing cannabis 7#a7 ,transition period for drugs containing cannabis ,with respect to a drug containing cannabis that was being marketed in the ,united ,states within #cj days after the date of enactment of this ,act pursuant to a ,state law permitting cannabis for medical use1 such drug shall not be considered to be in violation of chapter ,v or section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca2 #cea et seq47 during the #c-year period following the date of enactment of this ,act4 7#b7 ,submission of applications 7,a7 ,in general ,as a condition for continuing to market a drug described in paragraph 7#a7 during the #c-year period specified in such paragraph1 during the #ah-month period beginning on the effective date of this ,act1 the manufacturer shall submit a new drug application under section #eje7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4 ,c4 #cee7;b77 for such drug4 7,b7 ,transition period ,except as provided in subparagraph 7,c71 with respect to a drug containing cannabis for which an application is submitted as described in subparagraph 7,a71 the manufacturer of such product may continue to market such drug in the ,state described in paragraph 7#a7 during the #c-year period beginning on the effective date of this ,act4 7,c7 ,exception ,if the ,secretary of ,health and ,human ,services issues an order refusing to approve an application under section #eje7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;d77 for a drug that contains cannabis1 such drug shall not be eligible for continued marketing under subparagraph 7,b74 7#c7 ,end of transition period ,beginning on the date that is #c years after the date of enactment of this ,act the ,secretary may take enforcement action1 as appropriate1 for a drug described in paragraph 7#a7 7including such a drug that is the subject of a pending application under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee77 found to be in violation of chapter ,v or section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to prohibit the marketing of a cannabis product otherwise in compliance with relevant provisions of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 7c7 ,definition ,for purposes of this section1 the term drug containing cannabis means any drug that contains any article made or derived from cannabis4 #ejf4 ,amendment to the ,poison ,prevention ,packaging ,act ,section #b7b77;,b7 of the ,poison ,prevention ,packaging ,act of #aigj 7#ae ,u4,s4,c4 #adga7b77;,b77 is amended by striking or cosmetic and inserting cosmetic1 or cannabis product14 #ejg4 ,funding for ,,fda ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #dbe1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this title and the amendments made by this title4 ,b ,federal cannabis administration #eaa4 ,federal cannabis administration 7a7 ,in general ,the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq47 is amended by adding at the end the following3 ,,iii ,cannabis #cja4 ,unlawful businesses without cannabis permit 7a7 ,import ,it shall be unlawful1 except pursuant to a permit issued under this title by the ,secretary-- 7#a7 to engage in the business of importing cannabis into the ,united ,states2 or 7#b7 for any person so engaged to sell1 offer or deliver for sale1 contract to sell1 or ship1 in interstate or foreign commerce1 directly or indirectly or through an affiliate1 cannabis so imported4 7b7 ,manufacture and sale ,it shall be unlawful1 except pursuant to a permit issued under this title by the ,secretary-- 7#a7 to engage in the business of cultivating1 producing1 manufacturing1 packaging1 or warehousing cannabis2 or 7#b7 for any person so engaged to sell1 offer or deliver for sale1 contract to sell1 or ship1 in interstate or foreign commerce1 directly or indirectly or through an affiliate1 cannabis so cultivated1 produced1 manufactured1 packaged1 or warehoused4 7c7 ,resale ,it shall be unlawful1 except pursuant to a permit issued under this title by the ,secretary-- 7#a7 to engage in the business of purchasing cannabis for resale at wholesale2 or 7#b7 for any person so engaged to receive or to sell1 offer or deliver for sale1 contract to sell1 or ship1 in interstate or foreign commerce1 directly or indirectly or through an affiliate1 cannabis so purchased4 7d7 ,transition rule ,subject to section #cjb7;e71 in the case of a person who has filed a complete and accurate application for a permit under this section within #ij days of the date on which the ,secretary has issued any necessary guidance and forms with respect to such applications1 this section shall not apply to such person during the period prior to any determination under section #cjb as to the entitlement of such person to such permit1 provided that such person is in compliance with-- 7#a7 any applicable regulations under this title2 and 7#b7 payment of any taxes imposed under chapter #ef of the ,internal ,revenue ,code of #aihf4 #cjb4 ,procedure for issuance of cannabis permits 7a7 ,entitlement to permit 7#a7 ,in general ,the ,secretary shall issue a permit for operations requiring a permit under section #cja unless the ,secretary finds that-- 7,a7 the applicant 7or if the applicant is a corporation1 any of its officers1 directors1 or principal stockholders7 has been convicted of a disqualifying offense2 7,b7 the operations proposed to be conducted by the applicant are in violation of the law of the ,state in which they are to be conducted2 or 7,c7 the applicant is not likely to maintain such operations in conformity with ,federal law4 7#b7 ,disqualifying offenses 7,a7 ,in general ,for the purposes of paragraph 7#a71 a disqualifying offense is any felony violation of any provision of ,federal or ,state criminal law relating to cannabis or cannabis products 7including the taxation thereof71 if the conviction occurred after the date of enactment of the ,cannabis ,administration and ,opportunity ,act and not later than #c years before the date of the application4 7,b7 ,waiver pursuant to finding of mitigation or rehabilitation and fitness for occupation ,notwithstanding subparagraph 7,a71 an offense shall not be considered a disqualifying offense if1 pursuant to a submission of waiver request by the applicant to the ,secretary1 the ,secretary finds 7following a review and recommendation with respect to such waiver request by the ,cannabis ,products ,advisory ,committee established under section #fjb of the ,cannabis ,administration and ,opportunity ,act7 that the applicant has established sufficient mitigation or rehabilitation and fitness to maintain cannabis operations in compliance with ,state and ,federal law by providing-- 7i7 evidence showing that-- 7,i7 the applicant has not been convicted of a crime that occurred after the date on which the offense with respect to which the waiver was requested occurred2 and 7,,ii7 the applicant has complied with all terms and conditions of probation or parole2 or 7ii7 any other evidence of mitigation and present fitness1 including-- 7,i7 the circumstances relating to the offense1 including mitigating circumstances or social conditions surrounding the commission of the offense2 7,,ii7 the age of the applicant when the applicant committed the offense2 7,,iii7 the period of time that has elapsed since the applicant committed the offense2 7,,iv7 additional evidence of educational1 training1 or work activities that the applicant has participated in1 including during any period of incarceration2 7,v7 letters of reference by persons who have been in contact with the applicant since the applicant was released from any correctional institution2 and 7,,vi7 completion of1 or active participation in1 rehabilitative drug or alcohol treatment4 7b7 ,refusal of permit2 hearing ,if upon examination of any application for a permit the ,secretary has reason to believe that the applicant is not entitled to such permit1 the ,secretary shall so notify the applicant and1 upon request by the applicant1 afford the applicant due notice and opportunity for hearing on the application4 ,if the ,secretary1 after affording such notice and opportunity for hearing1 still finds that the applicant is not entitled to a permit hereunder1 the ,secretary shall by order deny the application stating the findings which are the basis for the order4 7c7 ,form of application 7#a7 ,generally ,the ,secretary shall-- 7,a7 prescribe the manner and form of applications for permits under this title 7including the facts to be set forth in the application72 7,b7 prescribe the form of such permits2 and 7,c7 specify in any permit the authority conferred by the permit and the conditions of that permit in accordance with this title4 7#b7 ,separate types of applications and permits ,to the extent deemed necessary by the ,secretary for the efficient administration of this title1 the ,secretary may require separate applications and permits with respect to the various classes of cannabis1 and with respect to the various classes of persons entitled to permits under this title4 7#c7 ,disclaimer ,the issuance of a permit under this title does not deprive the ,united ,states of any remedy for a violation of law4 7d7 ,conditions 7#a7 ,in general ,a permit under this title shall be conditioned upon-- 7,a7 compliance with all other ,federal laws relating to production and sale of cannabis1 as well as compliance with all ,state laws relating to said activities in the ,state in which the permit applicant resides and does business2 7,b7 payment to the ,secretary of a reasonable permit fee in an amount determined by the ,secretary to be sufficient over time to offset the cost of implementing and overseeing all aspects of cannabis regulation by the ,federal ,government2 and 7,c7 compliance with-- 7i7 the labor laws described in paragraph 7#a7 of subsection 7j71 as determined in accordance with paragraph 7#b7 of such subsection2 and 7ii7 the reporting requirements of subsection 7j77#c74 7#b7 ,waiver of permit fee ,pursuant to regulations prescribed by the ,secretary1 the permit fee described in paragraph 7#a77;,b7 shall be waived in the case of an individual who-- 7,a7 has had an income below #bej percent of the ,federal ,poverty ,level for not fewer than #e of the #aj years preceding the date on which the individual submits an application for a permit under this title2 and 7,b7 is a first-time applicant4 7e7 ,revocation1 suspension1 and annulment 7#a7 ,generally ,after due notice and opportunity for hearing1 the ,secretary may order a permit under this title-- 7,a7 revoked or suspended for such period as the ,secretary deems appropriate1 if the ,secretary finds that the permittee has willfully violated any of the conditions of the permit1 but for a first violation of the conditions the permit shall be subject to suspension only2 7,b7 revoked if the ,secretary finds that the permittee has not engaged in the operations authorized by the permit for a period of more than #b years2 or 7,c7 annulled if the ,secretary finds that the permit was procured through fraud1 or misrepresentation1 or concealment of material fact4 7#b7 ,order to state basis for order ,the order shall state the findings which are the basis for the order4 7#c7 ,joint development of enforcement regulations ,the ,secretary1 in coordination with the ,secretary of ,labor and the ,national ,labor ,relations ,board1 shall1 through regulations1 establish criteria for making determinations under paragraph 7#a74 7#d7 ,joint enforcement ,the ,secretary of ,labor and the ,national ,labor ,relations ,board shall provide to the ,secretary any assistance in carrying out this subsection as determined necessary by the ,secretary4 7#e7 ,certain violations under the ,national ,labor ,relations ,act deemed willful ,a violation of the condition under subsection 7d77#a77;,c7 with respect to compliance with section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 as described in subsection 7j77#a77;,c7 shall be deemed willful for purposes of paragraph 7#a77;,a7 if the ,national ,labor ,relations ,board finds that the permittee has engaged in-- 7,a7 a discharge in violation of subsection 7a7 of such section #h2 7,b7 a violation of such section #h during the period in which a representation election under such ,act is pending with respect to the employees of the permittee2 or 7,c7 a withdrawal of recognition of the recognized or certified collective-bargaining representative under such ,act with respect to the employees of the permittee that is in violation of such section #h4 7f7 ,service of orders ,each order of the ,secretary with respect to any denial of application1 suspension1 revocation1 annulment1 or other proceedings1 shall be served-- 7#a7 in person by any officer or employee of the ,secretary designated by him or any internal revenue or customs officer authorized by the ,secretary for the purpose2 or 7#b7 by mailing the order by registered mail1 addressed to the applicant or respondent at his last known address in the records of the ,secretary4 7g7 ,duration 7#a7 ,general rule ,except as otherwise provided in this subsection1 a permit issued under this title shall continue in effect until suspended1 revoked1 or annulled as provided in this title1 or voluntarily surrendered4 7#b7 ,effect of transfer ,if operations under a permit issued under this title are transferred1 the permit automatically terminates #cj days after the date of that transfer1 unless an application is made by the transferee before the end of that period for a permit under this title for those operations4 ,if such an application is made1 the outstanding permit shall continue in effect until such application is finally acted on by the ,secretary4 7#c7 ,definition of transfer ,for the purposes of this section1 the term transfer means any change of ownership or control1 whether voluntary or by operation of law4 7h7 ,judicial review 7#a7 ,in general ,a permittee or applicant for a permit under this title may obtain judicial review under chapter #g of title #e1 ,united ,states ,code1 of the denial of the application of that applicant or1 in the case of a permittee1 the denial of an application by the transferee of that permittee or the suspension1 revocation1 or annulment of a permit with respect to that permittee4 7#b7 ,labor law violations ,notwithstanding paragraph 7#a71 with respect to a violation of the condition described in subsection 7d77#a77;,c71 the findings of fact and conclusions of law by the ,secretary1 or1 pursuant to subsection 7e77#d71 the ,secretary of ,labor or the ,national ,labor ,relations ,board1 concerning the appropriateness of suspending1 revoking1 or annulling a permit as provided in this title1 if supported by substantial evidence on the whole1 shall be conclusive4 7i7 ,statute of limitations 7#a7 ,in general ,no proceeding for the suspension or revocation of a permit for violation of any condition thereof relating to compliance with ,federal law shall be instituted by the ,secretary more than #ah months after conviction of the violation of ,federal law1 or1 if no conviction has been had1 more than #c years after the violation occurred4 7#b7 ,compromise ,no permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of ,federal law has been compromised by any officer of the ,government authorized to compromise such violation4 7j7 ,labor laws 7#a7 ,in general ,a labor law described in this paragraph is any of the following3 7,a7 ,any provision under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 including any regulations promulgated under such ,act4 7,b7 ,any provision under the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 including any standard promulgated under section #f of such ,act 7#bi ,u4,s4,c4 #fee7 or any other regulation promulgated under such ,act1 or any standard or regulation promulgated under an applicable ,state plan approved by the ,secretary of ,labor under section #ah of such ,act 7#bi ,u4,s4,c4 #ffg7 that is identical or equivalent to a standard promulgated under such section #f4 7,c7 ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 including any regulations promulgated under such section4 7#b7 ,findings of labor law violations 7,a7 ,in general ,for purposes of subsection 7d77#a77;,c77i71 a permittee shall be considered in violation of a labor law described in paragraph 7#a7 if any of the following findings are made with respect to the permittee3 7i7 ,fair labor standards act of #aich ,with respect to a labor law described in paragraph 7#a77;,a7-- 7,i7 a finding through an order or judgment of a ,federal or ,state court that the permittee has violated any provision of the ,fair ,labor ,standards ,act of #aich1 including any regulation promulgated under such ,act2 or 7,,ii7 a finding through a final order of the ,secretary of ,labor that the permittee has violated any provision of such ,act1 including such a regulation4 7ii7 ,occupational safety and health act of #aigj ,with respect to a labor law described in paragraph 7#a77;,b7-- 7,i7 a finding through an order or judgment of a ,federal or ,state court that the permittee has violated any provision of the ,occupational ,safety and ,health ,act of #aigj1 including any standard promulgated under section #f of such ,act or any other regulation promulgated under such ,act1 or any standard or regulation promulgated under an applicable ,state plan approved by the ,secretary of ,labor under section #ah of such ,act 7#bi ,u4,s4,c4 #ffg7 that is identical or equivalent to a standard promulgated under such section #f2 or 7,,ii7 a finding through a final order issued by the ,occupational ,safety and ,health ,review ,commission1 or an equivalent final decision of any ,state agency or administrative body1 that the permittee has committed a violation described in subclause 7,i74 7iii7 ,national labor relations act ,with respect to a labor law described in paragraph 7#a77;,c71 a finding by the ,national ,labor ,relations ,board that the permittee has violated section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 including a regulation promulgated under such section1 by committing an unfair labor practice under such section4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 a permittee shall not be considered in violation of a labor law described in paragraph 7#a7 if a finding described in subparagraph 7,a7 with respect to the permittee is through an order or judgment that has been reversed1 vacated1 or rescinded4 7#c7 ,reporting requirements ,not later than #cj days after a finding described in paragraph 7#b7 has been made with respect to a permittee1 the permittee shall notify the ,secretary of such finding in such form and manner as the ,secretary1 in coordination with the ,secretary of ,labor and the ,national ,labor ,relations ,board1 shall prescribe4 #cjc4 ,delivery of hemp inadvertently exceeding permissible concentration of delta-#i tetrahyrdrocannabinol 7a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services1 shall issue regulations to establish a process for the lawful delivery of hemp described in subsection 7b7 to a cannabis enterprise holding a permit issued under this title and authorized pursuant to section #eiaa of the ,internal ,revenue ,code of #aihf4 7b7 ,hemp described ,hemp referred to in subsection 7a7 is ,cannabis sativa ,l4 inadvertently produced with a total tetrahydrocannabinol equivalent concentration of more than the allowable tetrahydrocannabinol equivalent amount as described in paragraph 7#a77;,c7 of section #big;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio7-- 7#a7 before ,september #cj1 #bjba1 by an institution of higher education or ,state department of agriculture that grows or cultivates industrial hemp under section #gfjf of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eidj72 or 7#b7 by a producer of hemp under subtitle ,g of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio et seq474 #cjd4 ,unfair competition and unlawful practices 7a7 ,in general ,it shall be unlawful for any person engaged in the business of importing cannabis into the ,united ,states1 or cultivating1 producing1 manufacturing1 packaging1 or warehousing cannabis1 or purchasing cannabis for resale at wholesale1 directly or indirectly or through an affiliate1 to do any of the following3 7#a7 ,exclusive outlet ,to require1 by agreement or otherwise1 that any retailer engaged in the sale of cannabis products1 purchase any such products from such person to the exclusion in whole or in part of cannabis sold or offered for sale by other persons in interstate or foreign commerce1 if such requirement is made in the course of interstate or foreign commerce1 or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products1 or if the direct effect of such requirement is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce4 7#b7 ,tied house ,to induce through any of the following means1 any retailer1 engaged in the sale of cannabis products to purchase any such products from such person to the exclusion in whole or in part of cannabis sold or offered for sale by other persons in interstate or foreign commerce1 if such inducement is made in the course of interstate or foreign commerce1 or if such person engages in the practice of using such means1 or any of them1 to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products1 or if the direct effect of such inducement is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce3 7,a7 ,acquiring or holding 7after the expiration of any existing license7 any interest in any license with respect to the premises of the retailer4 7,b7 ,acquiring any interest in real or personal property owned1 occupied1 or used by the retailer in the conduct of his business4 7,c7 ,furnishing1 giving1 renting1 lending1 or selling to the retailer1 any equipment1 fixtures1 signs1 supplies1 money1 services1 or other thing of value1 subject to such exceptions as the ,secretary shall by regulation prescribe1 having due regard for public health1 the quantity and value of articles involved1 established trade customs not contrary to the public interest and the purposes of this subsection4 7,d7 ,paying or crediting the retailer for any advertising1 display1 or distribution service4 7,e7 ,guaranteeing any loan or the repayment of any financial obligation of the retailer4 7,f7 ,extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions1 as ascertained by the ,secretary of the ,treasury and prescribed by regulations by him4 7,g7 ,requiring the retailer to take and dispose of a certain quota of any of such products4 7#c7 ,commercial bribery ,to induce through any of the following means1 any trade buyer engaged in the sale of cannabis products1 to purchase any such products from such person to the exclusion in whole or in part of cannabis products sold or offered for sale by other persons in interstate or foreign commerce1 if such inducement is made in the course of interstate or foreign commerce1 or if such person engages in the practice of using such means1 or any of them1 to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products1 or if the direct effect of such inducement is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce3 7,a7 ,commercial bribery4 7,b7 ,offering or giving any bonus1 premium1 or compensation to any officer1 or employee1 or representative of the trade buyer4 7#d7 ,consignment sales ,to sell1 offer for sale1 or contract to sell to any trade buyer engaged in the sale of cannabis products1 or for any such trade buyer to purchase1 offer to purchase1 or contract to purchase1 any such products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale1 or where any part of such transaction involves1 directly or indirectly1 the acquisition by such person from the trade buyer or his agreement to acquire from the trade buyer other cannabis products1 if such sale1 purchase1 offer1 or contract is made in the course of interstate or foreign commerce1 or if such person or trade buyer engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products or if the direct effect of such sale1 purchase1 offer1 or contract is to prevent1 deter1 hinder1 or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce4 7#e7 ,labeling ,to sell or ship or deliver for sale or shipment1 or otherwise introduce in interstate or foreign commerce1 or to receive therein1 or to remove from customs custody for consumption1 any cannabis product in packages1 unless such products are packaged1 and labeled in conformity with such regulations1 to be prescribed by the ,secretary1 with respect to packaging1 marking1 branding1 and labeling and size of container-- 7,a7 as will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit1 irrespective of falsity1 such statements relating to manufacturing processes1 analyses1 guarantees1 and scientific or irrelevant matters as the ,secretary finds to be likely to mislead the consumer2 7,b7 as will provide the consumer with information described in section #aajc of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 7,c7 as will require compliance with section #aab7;b7 of the ,cannabis ,administration and ,opportunity ,act2 7,d7 as will prohibit statements on the label that are disparaging of a competitor's products or are false1 misleading1 obscene1 or indecent2 and 7,e7 as will prevent deception of the consumer by use of a trade or brand name that is the name of any living individual of public prominence1 or existing private or public organization1 or is a name that is in simulation or is an abbreviation thereof1 and as will prevent the use of a graphic1 pictorial1 or emblematic representation of any such individual or organization1 if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed1 made1 or used by1 or produced for1 or under the supervision of1 or in accordance with the specifications of1 such individual or organization4 7#f7 ,advertising ,to publish or disseminate or cause to be published or disseminated by radio broadcast1 or in any newspaper1 periodical or other publication or by any sign or outdoor advertisement or any other printed or graphic matter1 any advertisement of cannabis1 if such advertisement is in1 or is calculated to induce sales in1 interstate or foreign commerce1 or is disseminated by mail1 unless such advertisement is in conformity with such regulations1 to be prescribed by the ,secretary1 as will-- 7,a7 prevent deception of the consumer with respect to the products advertised and as will prohibit1 irrespective of falsity1 such statements relating to manufacturing processes1 analyses1 guaranties1 and scientific or irrelevant matters as the ,secretary finds to be likely to mislead the consumer2 7,b7 provide the consumer with adequate information as to the identity and quality of the products advertised1 the characteristics thereof1 and the person responsible for the advertisement2 7,c7 prohibit statements that are disparaging of a competitor's products or are false1 misleading1 obscene1 or indecent2 and 7,d7 prevent statements inconsistent with any statement on the labeling of the products advertised4 7b7 ,removal or destruction of label ,it shall be unlawful for any person to alter1 mutilate1 destroy1 obliterate1 or remove any mark1 brand1 or label upon cannabis products held for sale in interstate or foreign commerce or after shipment therein1 except as authorized by ,federal law or except pursuant to regulations of the ,secretary authorizing relabeling for purposes of compliance with the requirements of this subsection or of ,state law4 7c7 ,exceptions 7#a7 ,consignment sales ,paragraph 7#d7 of subsection 7a7 shall not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold4 7#b7 ,labeling ,paragraph 7#e7 of such subsection shall not apply to the use of the name of any person engaged in business as a manufacturer of cannabis products1 nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to the date of enactment of the ,cannabis ,administration and ,opportunity ,act4 7#c7 ,advertising ,paragraph 7#f7 of such subsection shall not apply to the publisher of any newspaper1 periodical1 or other publication1 or radio broadcaster1 unless such publisher or radio broadcaster is engaged in the business of importing cannabis into the ,united ,states1 or cultivating1 producing1 manufacturing1 packaging1 or warehousing cannabis1 or purchasing cannabis for resale at wholesale1 directly or indirectly or through an affiliate4 7#d7 ,state law ,with respect to subsection 7a77#b71 subparagraphs 7,a71 7,b71 7,c71 7,e71 and 7,f7 of such subsection shall apply to transactions between a retailer or trade buyer in any ,state and a producer1 importer1 or wholesaler of cannabis products outside such ,state only to the extent that the law of such ,state imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such ,state and a producer1 importer1 or wholesaler of cannabis products in such ,state1 as the case may be4 7#e7 ,proprietary interest ,pursuant to regulations or other guidance promulgated by the ,secretary1 with respect to subparagraphs 7,a7 and 7,b7 of subsection 7a77#b71 rules similar to the rules of sections #f4bg and #f4cc of title #bg1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this title71 shall apply4 #cje4 ,remedies for violations 7a7 ,criminal fine 7#a7 ,generally ,whoever violates section #cja shall be fined not more than #a1jjj4 7#b7 ,settlement in compromise ,the ,secretary may decide not to refer a violation of such section to the ,attorney ,general for prosecution but instead to collect a payment from the violator of no more than #ejj for that violation4 7b7 ,civil ,action for relief ,the ,attorney ,general may1 in a civil action1 obtain appropriate relief to prevent and restrain a violation of this title4 #cjf4 ,definitions ,in this title-- 7#a7 the term cannabis has the meaning given such term in section #c of the ,cannabis ,administration and ,opportunity ,act2 7#b7 the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate2 and 7#c7 the term ,state includes the ,district of ,columbia1 ,puerto ,rico1 and any territory or possession of the ,united ,states4 4 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for fiscal year #bjbc-- 7#a7 #ae1jjj1jjj to the ,secretary of ,labor for carrying out the activities of the ,secretary of ,labor under section #cjb of the ,federal ,alcohol ,administration ,act1 to remain available until ,september #cj1 #bjbg2 and 7#b7 #aj1jjj1jjj to the ,national ,labor ,relations ,board for carrying out the activities of the ,national ,labor ,relations ,board under such section1 to remain available until ,september #cj1 #bjbg4 #eab4 ,increased funding for the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau ,in addition to any other amounts otherwise available to the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj for each of the fiscal years #bjbc through #bjbg to carry out-- 7#a7 sections #ajb and #aab of this ,act1 7#b7 chapter #ef of the ,internal ,revenue ,code of #aihf 7as added by section #dja of this ,act71 7#c7 title ,,iii of the ,federal ,alcohol ,administration ,act 7as added by section #eaa of this ,act71 and 7#d7 section #aaaa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #eca74 ,,vi ,workplace health and safety provisions #fja4 ,definitions ,in this title3 7#a7 ,cannabis industry ,the term cannabis industry means any operation described in section #cja of the ,federal ,alcohol ,administration ,act1 as added by section #eaa4 7#b7 ,employee2 employer ,the terms employee and employer have the meanings given such terms in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 7#c7 ,employer in the cannabis industry ,the term employer in the cannabis industry means an employer engaged in any operation requiring a permit under section #cja of the ,federal ,alcohol ,administration ,act1 as added by section #eaa4 7#d7 ,person ,the term person has the meaning given such term in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#f7 ,worker in the cannabis industry ,the term worker in the cannabis industry means any individual performing work for remuneration in the cannabis industry4 #fjb4 ,finding regarding employers in the cannabis industry ,congress finds that employers in the cannabis industry are required to comply with occupational safety and health standards issued under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7 and other regulations issued under such ,act4 #fjc4 ,cannabis as a targeted topic for ,susan ,harwood training grant program ,the ,secretary shall1 in awarding ,susan ,harwood training grants under the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 for the #b fiscal years following the date of enactment of this ,act1 designate cannabis as a targeted topic for such grants4 #fjd4 ,guidance on recommended practices 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health and the ,director of the ,national ,institute for ,occupational ,safety and ,health of the ,department of ,health and ,human ,services shall jointly issue guidance on recommended practices to protect workers in the cannabis industry4 7b7 ,contents ,the guidance required under this section shall-- 7#a7 address the hazards workers in the cannabis industry face throughout the life cycle of cannabis1 including from cultivation to sale and resale2 7#b7 provide methods to protect cannabis workers2 and 7#c7 indicate specific occupational safety and health standards promulgated under section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 and any other requirements through regulations issued under such ,act1 that apply to the cannabis industry1 including an indication of any training requirement that employers in the cannabis industry are subject to under any occupational safety and health standard promulgated under such section #f or under any other regulations issued under such ,act4 #fje4 ,workplace impact of cannabis legalization 7a7 ,study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,national ,institute for ,occupational ,safety and ,health shall conduct research on the impact of the legalization of recreational cannabis by ,states on the workplace1 which may include-- 7,a7 barriers for the ,director and extramural partners in conducting occupational safety and health research with respect to cannabis1 including to further identify potential hazards1 characterize exposures1 and evaluate associations between exposures and adverse health effects2 7,b7 occupational health and safety training for workers in the cannabis industry2 7,c7 the controls and actions taken by employers in the cannabis industry to protect workers and the effectiveness of such controls and actions2 7,d7 efficacy of cannabis for treating occupational related injuries or illnesses2 and 7,e7 other topics as determined relevant by the ,director4 7#b7 ,collaboration ,in conducting the research under paragraph 7#a71 the ,director of the ,national ,institute for ,occupational ,safety and ,health may collaborate with the ,occupational ,safety and ,health ,administration1 other relevant ,federal departments and agencies1 and relevant public and private stakeholders4 7#c7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #b1jjj1jjj for each of fiscal years #bjbc through #bjbe to carry out paragraph 7#a74 7b7 ,best practices ,not later than #b years after the date of enactment of this ,act1 the ,director of the ,national ,institute for ,occupational ,safety and ,health shall develop a set of recommendations outlining policies1 best practices1 and training recommendations for use by employers that are planning to transition or update workplace policies related to the use of recreational cannabis4 #fjf4 ,grants for community-based education1 outreach1 and enforcement with respect to the rights of workers in the cannabis industry 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 a public or private nonprofit organization with experience educating workers of their rights2 or 7#b7 a partnership of organizations described in paragraph 7#a74 7b7 ,program authorized ,the ,secretary shall award grants to eligible entities1 on a competitive basis1 to enable the eligible entities to carry out-- 7#a7 one or more activities to-- 7,a7 educate workers in the cannabis industry of their rights under ,federal1 ,state1 and local civil rights1 labor1 and employment laws1 with a focus on providing such education to such workers who are low-wage workers2 7,b7 educate persons hiring workers in the cannabis industry regarding their obligations under such laws2 or 7,c7 connect and refer workers in the cannabis industry to additional services1 as appropriate and available1 to assist them in pursuing their rights under such laws2 or 7#b7 any other activity the ,secretary may reasonably prescribe for the purposes of supporting workers in the cannabis industry4 7c7 ,applications 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,partnership applications ,in the case of an eligible entity that is a partnership1 the eligible entity may designate1 in the application1 a single organization in the partnership as the lead entity for purposes of receiving and disbursing funds4 7#c7 ,contents ,an application described in paragraph 7#a7 shall include-- 7,a7 information on the training and education that will be provided through the grant to workers in the cannabis industry and persons hiring workers in the cannabis industry2 7,b7 information on any geographic area targeted by the activities supported through the grant2 and 7,c7 the method by which the eligible entity will measure the results of the activities supported through the grant and a method by which the eligible entity will assess the demographics of the workers served by such activities4 7d7 ,duration of grants ,each grant awarded under this section shall be for a period of not more than #c years4 7e7 ,amount of grants ,each grant awarded under this section shall be in an amount not to exceed #cjj1jjj4 7f7 ,reporting requirements ,each eligible entity receiving a grant under this section shall1 as determined by the ,secretary1 report to the ,secretary the demographics of the workers served by the grant and the results of the activities supported by the grant as such demographics and results are measured by the methods described in the application submitted by the entity under subsection 7c77#c77;,c74 7g7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ae1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 ,,vii ,banking1 ,housing1 and ,community ,development #gja4 ,purposes2 sense of ,congress 7a7 ,purposes ,the purposes of this title are-- 7#a7 to reinvest in low- or moderate-income areas and communities most affected by the war on drugs2 and 7#b7 encourage financial institutions to provide financial services to small or minority-owned businesses in the communities described in paragraph 7#a74 7b7 ,sense of ,congress ,it is the sense of ,congress that each appropriate ,federal financial supervisory agency should use its authority pursuant to section #hjd of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bija7 when examining financial institutions to encourage the institutions to help meet the credit needs of the local communities in which they are chartered1 consistent with the safe and sound operation of such institutions1 including those communities that are most affected by the war on drugs4 #gjb4 ,requirements for filing suspicious activity reports ,section #ecah7;g7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7#b7 by inserting after paragraph 7#aj7 the following3 7#aa7 ,requirements for cannabis-related legitimate businesses 7,a7 ,definitions ,in this paragraph3 7i7 ,cannabis ,the term cannabis has the meaning given the term in section #c of the ,cannabis ,administration and ,opportunity ,act4 7ii7 ,cannabis-related legitimate business2 cannabis-related service provider ,the terms cannabis-related legitimate business and cannabis-related service provider have the meanings given the terms in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7iii7 ,financial service ,the term financial service-- 7,i7 means-- 7aa7 a financial product or service1 as defined in section #ajjb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha71 regardless if the customer receiving the product or service is a consumer or commercial entity2 and 7bb7 a financial product or service1 or any combination of products and services1 permitted to be provided by-- 7,,aa7 a national bank or a financial subsidiary pursuant to the authority provided under the paragraph designated as the ,seventh of section #eacf of the ,revised ,statutes 7#ab ,u4,s4,c4 #bd7 or section #eacf;,a of the ,revised ,statutes 7#ab ,u4,s4,c4 #bd;a72 or 7,,bb7 a ,federal credit union1 pursuant to the authority provided under the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agea et seq472 and 7,,ii7 includes-- 7aa7 the business of insurance2 7bb7 whether performed directly or indirectly1 the authorizing1 processing1 clearing1 settling1 billing1 transferring for deposit1 transmitting1 delivering1 instructing to be delivered1 reconciling1 collecting1 or otherwise effectuating or facilitating of payments or funds1 if such payments or funds are made or transferred by any means1 including by the use of credit cards1 debit cards1 other payment cards1 or other access devices1 accounts1 original or substitute checks1 or electronic funds transfers2 7cc7 acting as a money transmitting business that directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or cannabis-related service provider in compliance with section #eccj of title #ca1 ,united ,states ,code1 and any applicable ,state law2 and 7dd7 acting as an armored car service for processing and depositing with a depository institution or a ,federal reserve bank with respect to any monetary instruments1 as defined in section #aief7;c7 of title #ah1 ,united ,states ,code4 7,b7 ,report ,with respect to a financial institution or any director1 officer1 employee1 or agent of a financial institution that reports a suspicious transaction pursuant to this subsection1 if the reason for the report relates to a cannabis-related legitimate business or cannabis-related service provider1 the report shall comply with appropriate guidance issued by the ,financial ,crimes ,enforcement ,network4 ,not later than the end of the #ahj-;day period beginning on the date of enactment of this paragraph1 the ,secretary shall update the ,february #ad1 #bjad1 guidance titled ,,bsa ,expectations ,regarding ,marijuana-,related ,businesses 7,,fin-#bjad-;,g#jja7 or issue new regulations to ensure that the guidance-- 7i7 is consistent with the purpose and intent of the ,cannabis ,administration and ,opportunity ,act2 7ii7 addresses the deposit and movement of cash held by cannabis-legitimate business or cannabis-related service provider as of the date of enactment of this paragraph2 and 7iii7 does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or cannabis-related service provider in the ,united ,states4 7,c7 ,purpose ,any guidance or regulation required under this section shall ensure that a financial institution and any director1 employee1 officer1 or agent of a financial institution continues to report suspicious activities related to cannabis-related legitimate businesses and preserve the ability of the ,financial ,crimes ,enforcement ,network and law enforcement to prevent and combat illicit activity4 ,the ,financial ,crimes ,enforcement ,network shall promulgate regulations or issue guidance as necessary on financial institutions that provide financial services to cannabis-related legitimate businesses1 cannabis-related service providers1 or employees1 owners1 or operators1 regarding obligations related to anti-money laundering and under this subchapter1 including addressing the filing of suspicious activity reports consistent with this section1 customer due diligence requirements1 indirect relationships with cannabis-related legitimate businesses1 and verification and documentation requirements for financial institutions intending to handle funds from cannabis-related legitimate businesses to ensure such funds are clearly linked with law1 other lawful activity1 and regulations4 ,the ,secretary shall ensure that such regulations are consistent with the purpose and intent of the ,cannabis ,administration and ,opportunity ,act while ensuring the ,financial ,crimes ,enforcement ,network has sufficient resources to prevent and combat illicit activity4 4 #gjc4 ,guidance and examination procedures ,not later than #ahj days after the date of enactment of this ,act and consistent with the updated ,financial ,crimes ,enforcement ,network guidance described in paragraph 7#aa77;,b7 of section #ecah7;g7 of title #ca1 ,united ,states ,code1 as added by section #gjb of this title1 the ,financial ,institutions ,examination ,council1 in consultation with the ,financial ,crimes ,enforcement ,network1 shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and cannabis-related service providers4 #gjd4 ,investment in communities 7a7 ,,cdfi support ,in addition to funds otherwise available1 there is appropriated out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to the ,community ,development ,financial ,institutions ,fund established under section #ajd of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7 to provide grants to expand lending and investment in low- or moderate-income areas1 including those most affected by the war on drugs4 7b7 ,,mdi support ,in addition to funds otherwise available1 there is appropriated out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to the ,emergency ,capital ,investment ,fund established under section #ajd;,a7b7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc;a7 to support the efforts of low- and moderate-income community financial institutions to1 among other things1 provide loans1 grants1 and forbearance for small businesses1 minority-owned businesses1 and consumers1 especially in low-income and underserved communities1 including those most affected by the war on drugs4 7c7 ,grants ,to address housing and community development needs of individuals and communities adversely impacted by the war on drugs 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible activity ,the term eligible activity-- 7i7 means any eligible activity-- 7,i7 described in title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq471 the ,,home ,investment ,partnerships ,act 7#db ,u4,s4,c4 #abgba et seq471 or section #dae of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacgd72 and 7,,ii7 that addresses the needs of individuals and census tracts in the provisions described in subclause 7,i72 and 7ii7 does not include administrative expenses that exceed #ae percent of the amount of a grant made under this subsection4 7,b7 ,eligible grantee ,the term eligible grantee includes any ,state1 unit of local government1 or ,indian tribe eligible to receive a grant under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7,c7 ,individual adversely impacted by the ,war on ,drugs ,the term individual adversely impacted by the ,war on ,drugs has the meaning given the term in section #cjfb as defined in section #cjfb of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by section #cja7;a77#b7 of this ,act4 7,d7 ,state2 unit of local government2 ,indian ,tribe ,the terms ,state1 unit of local government1 and ,indian ,tribe have the meanings given the terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#b7 ,grants ,in addition to funds otherwise available1 there is appropriated out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to the ,secretary of ,housing and ,urban ,development for grants to eligible grantees for eligible activities to address the housing and community development needs of-- 7,a7 individuals adversely impacted by the ,war on ,drugs2 and 7,b7 housing and community development needs of census tracts where a disproportionate share of residents are individuals described in subparagraph 7,a71 as determined by the ,secretary4 7#c7 ,award criteria ,in awarding grants under this subsection1 the ,secretary of ,housing and ,urban ,development shall establish criteria for awards as may be necessary to demonstrate that the eligible grantee has the need1 capacity1 and commitment to carry out a grant under this subsection to address the needs described in paragraph 7#b74 7#d7 ,administration and technical assistance ,of the amount appropriated under this section1 not more than #aj percent shall be available to the ,secretary of ,housing and ,urban ,development for administration1 evaluation1 and technical assistance activities to carry out the grant program under this subsection4 #gje4 ,fair hiring in banking 7a7 ,federal ,deposit ,insurance ,act ,section #ai of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbi7 is amended-- 7#a7 by inserting after subsection 7b7 the following3 7c7 ,exceptions 7#a7 ,certain older offenses 7,a7 ,in general ,with respect to an individual1 subsection 7a7 shall not apply to an offense if-- 7i7 it has been #g years or more since the offense occurred2 or 7ii7 the individual was incarcerated with respect to the offense and it has been #e years or more since the individual was released from incarceration4 7,b7 ,offenses committed by individuals #ba or younger ,for individuals who committed an offense when they were #ba years of age or younger1 subsection 7a7 shall not apply to the offense if it has been more than #cj months since the sentencing occurred4 7,c7 ,limitation ,this paragraph shall not apply to an offense described under subsection 7a77#b74 7#b7 ,expungement and sealing ,with respect to an individual1 subsection 7a7 shall not apply to an offense if-- 7,a7 there is an order of expungement1 sealing1 or dismissal that has been issued in regard to the conviction in connection with such offense2 and 7,b7 it is intended by the language in the order itself1 or in the legislative provisions under which the order was issued1 that the conviction shall be destroyed or sealed from the individual's ,state or ,federal record1 even if exceptions allow the record to be considered for certain character and fitness evaluation purposes4 7#c7 ,de minimis exemption 7,a7 ,in general ,subsection 7a7 shall not apply to such de minimis offenses as the ,corporation determines1 by rule4 7,b7 ,confinement criteria ,in issuing rules under subparagraph 7,a71 the ,corporation shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility1 where such confinement-- 7i7 is calculated based on the time an individual spent incarcerated as a punishment or a sanction1 not as pretrial detention2 and 7ii7 does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location4 7,c7 ,bad check criteria ,in setting the criteria for de minimis offenses under subparagraph 7,a71 if the ,corporation establishes criteria with respect to insufficient funds checks1 the ,corporation shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is #b1jjj or less4 7,d7 ,designated lesser offenses ,subsection 7a7 shall not apply to certain lesser offenses 7including the use of a fake ,,id1 shoplifting1 trespass1 fare evasion1 driving with an expired license or tag1 and such other low-risk offenses as the ,corporation may designate7 if #a year or more has passed since the applicable conviction or program entry4 2 and 7#b7 by adding at the end the following3 7f7 ,consent applications 7#a7 ,in general ,the ,corporation shall accept consent applications from an individual and from an insured depository institution or depository institution holding company on behalf of an individual that are filed separately or contemporaneously with a regional office of the ,corporation4 7#b7 ,sponsored applications filed with regional offices ,consent applications filed at a regional office of the ,corporation by an insured depository institution or depository institution holding company on behalf of an individual-- 7,a7 shall be reviewed by such office2 7,b7 may be approved or denied by such office1 if such authority has been delegated to such office by the ,corporation2 and 7,c7 may only be denied by such office if the general counsel of the ,corporation 7or a designee7 certifies that the denial is consistent with this section4 7#c7 ,individual applications filed with regional offices ,consent applications filed at a regional office by an individual-- 7,a7 shall be reviewed by such office2 and 7,b7 may be approved or denied by such office1 if such authority has been delegated to such office by the ,corporation1 except with respect to-- 7i7 cases involving an offense described under subsection 7a77#b72 and 7ii7 such other high-level security cases as may be designated by the ,corporation4 7#d7 ,national office review ,the national office of the ,corporation shall-- 7,a7 review any consent application with respect to which a regional office is not authorized to approve or deny the application2 and 7,b7 review any consent application that is denied by a regional office1 if the individual requests a review by the national office4 7#e7 ,forms and instructions 7,a7 ,availability ,the ,corporation shall make all forms and instructions related to consent applications available to the public1 including on the website of the ,corporation4 7,b7 ,contents ,the forms and instructions described under subparagraph 7,a7 shall provide a sample cover letter and a comprehensive list of items that may accompany the application1 including clear guidance on evidence that may support a finding of rehabilitation4 7#f7 ,consideration of criminal history 7,a7 ,regional office consideration ,in reviewing a consent application1 a regional office shall-- 7i7 primarily rely on the criminal history record of the ,federal ,bureau of ,investigation2 and 7ii7 provide such record to the applicant to review for accuracy4 7,b7 ,certified copies ,the ,corporation may not require an applicant to provide certified copies of criminal history records unless the ,corporation determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the ,federal ,bureau of ,investigation4 7#g7 ,consideration of rehabilitation ,consistent with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 the ,corporation shall-- 7,a7 conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation1 the applicant's age at the time of the conviction or program entry1 the time that has elapsed since conviction or program entry1 and the relationship of individual's offense to the responsibilities of the applicable position2 7,b7 consider the individual's employment history1 letters of recommendation1 certificates documenting participation in substance abuse programs1 successful participating in job preparation and educational programs1 and other relevant mitigating evidence2 and 7,c7 consider any additional information the ,corporation determines necessary for safety and soundness4 7#h7 ,scope of employment ,with respect to an approved consent application filed by an insured depository institution or depository institution holding company on behalf of an individual1 if the ,corporation determines it appropriate1 such approved consent application shall allow the individual to work for the same employer 7without restrictions on the location7 and across positions1 except that the prior consent of the ,corporation 7which may require a new application7 shall be required for any proposed significant changes in the individual's security-related duties or responsibilities1 such as promotion to an officer or other positions that the employer determines will require higher security screening credentials4 7#i7 ,coordination with the ,,ncua ,in carrying out this section1 the ,corporation shall consult and coordinate with the ,national ,credit ,union ,administration as needed to promote consistent implementation where appropriate4 7g7 ,definitions ,in this section3 7#a7 ,consent application ,the term consent application means an application filed with ,corporation by an individual 7or by an insured depository institution or depository institution holding company on behalf of an individual7 seeking the written consent of the ,corporation under subsection 7a77#a74 7#b7 ,criminal offense involving dishonesty ,the term criminal offense involving dishonesty-- 7,a7 means an offense under which an individual1 directly or indirectly-- 7i7 cheats or defrauds2 or 7ii7 wrongfully takes property belonging to another in violation of a criminal statute2 7,b7 includes an offense that ,federal1 ,state1 or local law defines as dishonest1 or for which dishonesty is an element of the offense2 and 7,c7 does not include-- 7i7 a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application1 excluding any period of incarceration2 or 7ii7 an offense involving the possession of controlled substances4 7#c7 ,pretrial diversion or similar program ,the term pretrial diversion or similar program means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution1 drug or alcohol rehabilitation1 anger management1 or community service4 4 7b7 ,federal ,credit ,union ,act ,section #bje7;d7 of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #aghe7;d77 is amended by adding at the end the following3 7#d7 ,exceptions 7,a7 ,certain older offenses 7i7 ,in general ,with respect to an individual1 paragraph 7#a7 shall not apply to an offense if-- 7,i7 it has been #g years or more since the offense occurred2 or 7,,ii7 the individual was incarcerated with respect to the offense and it has been #e years or more since the individual was released from incarceration4 7ii7 ,offenses committed by individuals #ba or younger ,for individuals who committed an offense when they were #ba years of age or younger1 paragraph 7#a7 shall not apply to the offense if it has been more than #cj months since the sentencing occurred4 7iii7 ,limitation ,this subparagraph shall not apply to an offense described under paragraph 7#a77;,b74 7,b7 ,expungement and sealing ,with respect to an individual1 paragraph 7#a7 shall not apply to an offense if-- 7i7 there is an order of expungement1 sealing1 or dismissal that has been issued in regard to the conviction in connection with such offense2 and 7ii7 it is intended by the language in the order itself1 or in the legislative provisions under which the order was issued1 that the conviction shall be destroyed or sealed from the individual's ,state or ,federal record1 even if exceptions allow the record to be considered for certain character and fitness evaluation purposes4 7,c7 ,de minimis exemption 7i7 ,in general ,paragraph 7#a7 shall not apply to such de minimis offenses as the ,board determines1 by rule4 7ii7 ,confinement criteria ,in issuing rules under clause 7i71 the ,board shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility1 where such confinement-- 7,i7 is calculated based on the time an individual spent incarcerated as a punishment or a sanction1 not as pretrial detention2 and 7,,ii7 does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location4 7iii7 ,bad check criteria ,in setting the criteria for de minimis offenses under clause 7i71 if the ,board establishes criteria with respect to insufficient funds checks1 the ,board shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is #b1jjj or less4 7iv7 ,designated lesser offenses ,paragraph 7#a7 shall not apply to certain lesser offenses 7including the use of a fake ,,id1 shoplifting1 trespass1 fare evasion1 driving with an expired license or tag1 and such other low-risk offenses as the ,board may designate7 if #a year or more has passed since the applicable conviction or program entry4 7#e7 ,consent applications 7,a7 ,in general ,the ,board shall accept consent applications from an individual and from an insured credit union on behalf of an individual that are filed separately or contemporaneously with a regional office of the ,board4 7,b7 ,sponsored applications filed with regional offices ,consent applications filed at a regional office of the ,board by an insured credit union on behalf of an individual-- 7i7 shall be reviewed by such office2 7ii7 may be approved or denied by such office1 if such authority has been delegated to such office by the ,board2 and 7iii7 may only be denied by such office if the general counsel of the ,board 7or a designee7 certifies that the denial is consistent with this section4 7,c7 ,individual applications filed with regional offices ,consent applications filed at a regional office by an individual-- 7i7 shall be reviewed by such office2 and 7ii7 may be approved or denied by such office1 if such authority has been delegated to such office by the ,board1 except with respect to-- 7,i7 cases involving an offense described under paragraph 7#a77;,b72 and 7,,ii7 such other high-level security cases as may be designated by the ,board4 7,d7 ,national office review ,the national office of the ,board shall-- 7i7 review any consent application with respect to which a regional office is not authorized to approve or deny the application2 and 7ii7 review any consent application that is denied by a regional office1 if the individual requests a review by the national office4 7,e7 ,forms and instructions 7i7 ,availability ,the ,board shall make all forms and instructions related to consent applications available to the public1 including on the website of the ,board4 7ii7 ,contents ,the forms and instructions described under clause 7i7 shall provide a sample cover letter and a comprehensive list of items that may accompany the application1 including clear guidance on evidence that may support a finding of rehabilitation4 7,f7 ,consideration of criminal history 7i7 ,regional office consideration ,in reviewing a consent application1 a regional office shall-- 7,i7 primarily rely on the criminal history record of the ,federal ,bureau of ,investigation2 and 7,,ii7 provide such record to the applicant to review for accuracy4 7ii7 ,certified copies ,the ,board may not require an applicant to provide certified copies of criminal history records unless the ,board determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the ,federal ,bureau of ,investigation4 7,g7 ,consideration of rehabilitation ,consistent with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 the ,board shall-- 7i7 conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation1 the applicant's age at the time of the conviction or program entry1 the time that has elapsed since conviction or program entry1 and the relationship of individual's offense to the responsibilities of the applicable position2 7ii7 consider the individual's employment history1 letters of recommendation1 certificates documenting participation in substance abuse programs1 successful participating in job preparation and educational programs1 and other relevant mitigating evidence2 and 7iii7 consider any additional information the ,board determines necessary for safety and soundness4 7,h7 ,scope of employment ,with respect to an approved consent application filed by an insured credit union on behalf of an individual1 if the ,board determines it appropriate1 such approved consent application shall allow the individual to work for the same employer 7without restrictions on the location7 and across positions1 except that the prior consent of the ,board 7which may require a new application7 shall be required for any proposed significant changes in the individual's security-related duties or responsibilities1 such as promotion to an officer or other positions that the employer determines will require higher security screening credentials4 7,i7 ,coordination with ,,fdic ,in carrying out this subsection1 the ,board shall consult and coordinate with the ,federal ,deposit ,insurance ,corporation as needed to promote consistent implementation where appropriate4 7#f7 ,definitions ,in this subsection3 7,a7 ,consent application ,the term consent application means an application filed with ,board by an individual 7or by an insured credit union on behalf of an individual7 seeking the written consent of the ,board under paragraph 7#a77;,a74 7,b7 ,criminal offense involving dishonesty ,the term criminal offense involving dishonesty-- 7i7 means an offense under which an individual1 directly or indirectly-- 7,i7 cheats or defrauds2 or 7,,ii7 wrongfully takes property belonging to another in violation of a criminal statute2 7ii7 includes an offense that ,federal1 ,state1 or local law defines as dishonest1 or for which dishonesty is an element of the offense2 and 7iii7 does not include-- 7,i7 a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application1 excluding any period of incarceration2 or 7,,ii7 an offense involving the possession of controlled substances4 7,c7 ,pretrial diversion or similar program ,the term pretrial diversion or similar program means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution1 drug or alcohol rehabilitation1 anger management1 or community service4 4 7c7 ,review and report to ,congress ,not later than the end of the #b-year period beginning on the date of enactment of this ,act1 the ,federal ,deposit ,insurance ,corporation and the ,national ,credit ,union ,administration shall-- 7#a7 review the rules issued to carry out this section and the amendments made by this section on-- 7,a7 the application of section #ai of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbi7 and section #bje7;d7 of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #aghe7;d772 7,b7 the number of applications for consent applications under such sections2 and 7,c7 the rates of approval and denial for consent applications under such sections2 7#b7 make the results of the review required under paragraph 7#a7 available to the public2 and 7#c7 issue a report to ,congress containing any legislative or regulatory recommendations for expanding employment opportunities for those with a previous minor criminal offense4 #gjf4 ,fair access to financial services 7a7 ,in general ,all persons shall be entitled to the full and equal enjoyment of the goods1 services1 facilities1 privileges1 and accommodations of any financial institution1 as defined in section #hjc of the ,payment1 ,clearing1 and ,settlement ,supervision ,act of #bjaj 7#ab ,u4,s4,c4 #edfb71 without discrimination on the ground of race1 color1 religion1 national origin1 and sex 7including sexual orientation and gender identity74 7b7 ,private right of action 7#a7 ,in general ,whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by subsection 7a71 a civil action for preventive relief1 including an application for a permanent or temporary injunction1 restraining order1 or other order1 may be instituted by the person aggrieved4 7#b7 ,costs ,in any action commenced pursuant to this section1 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee as part of the costs1 and the ,united ,states shall be liable for costs the same as a private person4 7#c7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law4 7#d7 ,exclusive means ,the remedies provided in this subsection shall be the exclusive means of enforcing the rights based on this section1 but nothing in this section shall preclude any individual or any ,state or local agency from asserting any right based on any other ,federal or ,state law not inconsistent with this section1 including any statute or ordinance requiring nondiscrimination in goods1 services1 facilities1 privileges1 and accommodations of any financial institution1 or from pursuing any remedy1 civil or criminal1 which may be available for the vindication or enforcement of such right4 #gjg4 ,consumer protections for individuals with nonviolent criminal record ,no institution may deny financial services to an applicant solely based on a prior conviction for a nonviolent cannabis offense4 ,,viii ,miscellaneous #hja4 ,comptroller ,general review of laws and regulations 7a7 ,in general ,the ,comptroller ,general shall conduct a review of ,federal laws1 regulations1 and policies to-- 7#a7 determine if any changes in them are desirable in the light of the purposes and provisions of this ,act2 7#b7 identify any use of the terms marijuana or marihuana in the rulings1 regulations1 or interpretations of various administrative bureaus and agencies of the ,united ,states and recommend that such terms be replaced with the term cannabis2 and 7#c7 identify any use of the terms marijuana or marihuana in the statutes of the ,united ,states and propose any amendments necessary to such statutes to replace such terms with the term cannabis4 7b7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general shall make to ,congress and the relevant agencies such recommendations relating to the results of the review described in subsection 7a7 as the ,comptroller ,general deems appropriate4 #hjb4 ,cannabis ,products ,advisory ,committee 7a7 ,establishment 7#a7 ,in general ,there is established the ,cannabis ,products ,advisory ,committee 7in this section referred to as the ,committee74 7#b7 ,purpose ,the ,committee shall advise any relevant ,federal regulatory body1 agency1 or bureau regarding the administration of this ,act 7including any amendments made by this ,act74 7b7 ,membership 7#a7 ,appointments 7,a7 ,in general ,the ,committee shall be composed of #bb members who are appointed by the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary74 7,b7 ,date ,the ,secretary shall make the appointments described in subparagraph 7,a7 not later than #fj days after the date of enactment of this section4 7#b7 ,term of service 7,a7 ,in general ,each member of the ,committee shall serve a term of #e years from the date of appointment by the ,secretary4 ,no member may be removed prior to the expiration of his or her term without a showing of good cause4 7,b7 ,reappointment ,a member may be reappointed but may not serve more than #b terms4 7,c7 ,vacancies 7i7 ,in general ,any vacancy in the ,committee shall be filled by the ,secretary not later than #ij days after the vacancy4 7ii7 ,term ,a member appointed to fill a vacancy in the ,committee shall serve as a member of the ,committee for the remainder of the original term of appointment4 7#c7 ,membership composition ,the ,committee shall be composed of the following members3 7,a7 ,industry stakeholders ,three representatives from the cannabis industry1 not less than #a of which is an individual representing a historically underrepresented community or an individual adversely impacted by the ,war on ,drugs 7as defined in section #cja of this ,act71 including-- 7i7 #b individuals who represent the viewpoint of cannabis cultivators and processors2 and 7ii7 #a individual who represents the viewpoint of cannabis wholesalers and retailers4 7,b7 ,equity and social justice advocate ,one individual with experience in equity and social justice advocacy with respect to the cannabis industry and criminal justice4 7,c7 ,state cannabis regulator ,one individual who represents the viewpoint of ,state cannabis regulators4 7,d7 ,consumers and patients ,one individual who represents the viewpoint of cannabis consumers and patients4 7,e7 ,public health1 medicine1 or science ,four individuals who are technically qualified by training and experience in public health1 medicine1 or other sciences1 including-- 7i7 #b individuals with domestic or international cannabinoid research experience1 #a of whom shall also have experience treating patients using medical cannabis2 and 7ii7 #b individuals with experience in substance use and misuse prevention1 intervention1 and treatment1 #a of whom shall have such experience pertaining to individuals under #ba years of age4 7,f7 ,public safety ,one individual with experience in public safety with respect to cannabis and the cannabis industry4 7,g7 ,office of ,national ,drug ,control ,policy ,one representative from the ,office of ,national ,drug ,control ,policy4 7,h7 ,department of ,veterans ,affairs ,one representative from the ,department of ,veterans ,affairs4 7,i7 ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau ,one representative from the ,alcohol1 ,tobacco1 and ,cannabis ,tax and ,trade ,bureau4 7,j7 ,national ,governors ,association ,one representative from the ,national ,governors ,association4 7,k7 ,department of ,transportation ,one representative from the ,department of ,transportation4 7,l7 ,department of ,health and ,human ,services ,four representatives from the ,department of ,health and ,human ,services1 including from the ,food and ,drug ,administration1 the ,centers for ,disease ,control and ,prevention1 the ,national ,institutes of ,health1 and the ,substance ,abuse and ,mental ,health ,services ,administration4 7,m7 ,labor unions ,one labor union representative4 7,n7 ,indian ,tribe ,one representative from an ,indian ,tribe4 7#d7 ,administrative ,support ,the ,secretary shall furnish the ,committee clerical and other assistance to enable the ,committee to perform its duties4 7#e7 ,compensation 7,a7 ,compensation of members ,a member of the ,committee who is not an officer or employee of the ,federal ,government shall be compensated at a rate fixed by the ,secretary1 which may not exceed the daily equivalent of the rate in effect under the ,senior ,executive ,schedule under section #echb of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,committee4 7,b7 ,travel expenses ,while away from their home or regular place of business in the performance of services for the ,committee1 a member of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized by section #egjc of title #e1 ,united ,states ,code1 for persons in ,government service employed intermittently4 7#f7 ,chair ,the ,committee shall select a ,chair from among the members of the ,committee4 7#g7 ,subcommittees ,the ,committee may establish subcommittees to facilitate the ability of the ,committee to discharge its duties 7as described in subsection 7c774 7c7 ,duties ,the ,committee shall-- 7#a7 consider all matters submitted to it by the ,secretary2 7#b7 on its own initiative1 recommend to the ,secretary guidelines1 rules1 and regulations and any changes to guidelines1 rules1 and regulations that the ,committee considers important or necessary for the ,secretary's review and consideration1 with a focus on ensuring equity and social justice in such guidelines1 rules1 and regulations2 7#c7 consider the safety of introducing new cannabis products into the market2 7#d7 review and recommend public health surveillance activities to monitor population-level health effects with respect to cannabis2 7#e7 identify and prioritize gaps in the science important to public health and medicine with respect to cannabis2 7#f7 make recommendations to the ,secretary of the ,treasury regarding approval of waivers of disqualifying offenses with respect to permit applications under section #cjb7;a77#b77;,b7 of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq47 7as added by section #eaa72 and 7#g7 not later than #a year after the date of enactment of this section1 and annually thereafter1 publish a publicly available report describing the activities of the ,committee1 including any recommendations the ,committee made to the ,secretary during the reporting period and whether such recommendations were implemented4 7d7 ,meetings 7#a7 ,frequency 7,a7 ,in general ,the ,committee shall meet on a quarterly basis but may meet more frequently if necessary4 7,b7 ,cancellation 7i7 ,in general ,subject to clause 7ii71 the ,chair may cancel a ,committee meeting not less than #c business days prior to such meeting if1 in consultation with the members of the ,committee1 the ,chair determines-- 7,i7 the meeting is not needed2 or 7,,ii7 there will not be a quorum present at such meeting4 7ii7 ,exceptions ,any meeting may be canceled by the ,chair at any time due to inclement weather or an emergency situation4 7#b7 ,voting 7,a7 ,quorum 7i7 ,in general ,a majority of the members of the ,committee shall constitute a quorum4 7ii7 ,requirement ,a quorum of members shall be required for any decision of the ,committee4 7iii7 ,effect of no quorum ,in the absence of such a quorum1 any business transacted by the ,committee shall be null and void1 except any measure taken to obtain a quorum or to reschedule another meeting4 7,b7 ,majority vote ,any decision by or recommendation to the ,secretary of the ,treasury or the ,secretary of ,health and ,human ,services from the ,committee shall be adopted by a majority vote of the ,committee4 7,c7 ,consensus2 vote recording 7i7 ,in general ,decision-making by the ,committee shall be by consensus when possible4 7ii7 ,no consensus 7,i7 ,vote ,if consensus cannot be reached by the ,committee1 a vote of the members of the ,committee will be taken4 7,,ii7 ,quorum required ,to take a vote under subclause 7,i71 a quorum of the members shall be present4 7,,iii7 ,recording ,the results of any vote taken under subclause 7,i7 shall be recorded1 as well as any statement of concurrence or disagreement1 if applicable4 7#c7 ,teleconference ,a member may fully participate in a meeting via teleconference4 7#d7 ,confidentiality 7,a7 ,in general ,any discussion of the ,committee relative to the work of the ,committee is regarded as confidential information and may not be discussed in any form outside the context of the ,committee meetings4 7,b7 ,waiver requests ,any materials submitted to the ,committee under section #cjb7;a77#b77;,b7 of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq47 7as added by section #eaa71 and any transcript made with respect to such submission regarding any particular person1 shall be redacted4 7#e7 ,non-application of ,,faca ,section #aj of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to any part of a meeting held by the ,committee with respect to a waiver request submitted to the ,committee under section #cjb7;a77#b77;,b7 of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq47 7as added by section #eaa74 7e7 ,statements of policy ,a member of the ,committee may not make a statement of policy that purports to be that of the ,committee unless the ,committee has adopted such a policy1 except that any such member shall not be prohibited from stating his or her personal opinion1 provided the opinion is clearly identified as such4 7f7 ,termination ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,committee4 #hjc4 ,definition of hemp under ,,usda domestic hemp production program ,section #big;,a7#a7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcio7#a77 is amended-- 7#a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7#b7 in subparagraph 7,a7 7as so designated71 by striking with a delta-#i tetrahydrocannabinol concentration of not more than #j4c percent on a dry weight basis4 and inserting the following3 8and any products made or derived from such plant or parts1 with a total tetrahydrocannabinol equivalent concentration of not more than the allowable tetrahydrocannabinol equivalent amount described in subparagraph 7,c74 7,b7 ,total tetrahydrocannabinol equivalent 7i7 ,in general ,subject to clause 7ii71 in subparagraph 7,a71 the term total tetrahydrocannabinol equivalent means-- 7,i7 any tetrahydrocannabinol1 including-- 7aa7 delta-#h tetrahydrocannabinol2 7bb7 delta-#i tetrahydrocannabinol2 7cc7 delta-#aj tetrahydrocannabinol2 and 7dd7 tetrahydrocannabinolic acid2 and 7,,ii7 any other substance described in paragraph 7ss77#a77;,a7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 that has similar effects on the body as a substance described in item 7aa71 7bb71 or 7cc7 of subclause 7,i71 including through interaction with other substances in the applicable product4 7ii7 ,exclusion of isomers ,the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of the ,treasury and the ,attorney ,general1 may exclude #a or more isomers of tetrahydrocannabinol from the definition under clause 7i74 7,c7 ,allowable tetrahydrocannabinol equivalent amount 7i7 ,in general ,subject to clause 7ii71 the allowable tetrahydrocannabinol equivalent amount referred to in subparagraph 7,a7 is-- 7,i7 except as provided in subclause 7,,ii71 #a milligram of total tetrahydrocannabinol per #ajj grams on a dry weight basis 7or a proportionate amount of any fraction thereof72 and 7,,ii7 in the case of any specified plant product described in clause 7iii71 #j4g percent total tetrahydrocannabinol equivalent on a dry weight basis4 7ii7 ,modification2 determination with respect to tetrahydrocannabinolic acid ,for purposes of clause 7i71 under regulations promulgated by the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of the ,treasury and the ,attorney ,general-- 7,i7 the ,secretary may modify the allowable tetrahydrocannabinol equivalent amounts described in clause 7i7 if the ,secretary determines that the effects on the body of such substance or interaction of substances differ significantly from the effects on the body of delta-#i tetrahydrocannabinol2 and 7,,ii7 rules similar to the rules relating to the determination of ,total ,,thc in section #iij4a of title #g1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,cannabis ,administration and ,opportunity ,act71 shall apply in calculating the ratio of tetrahydrocannabinolic acid described in subparagraph 7,b77i77,i77dd7 taken into account for purposes of determining the allowable tetrahydrocannabinol equivalent amount4 7iii7 ,specified plant product ,a specified plant product referred to in clause 7i77,,ii7 is any item described in paragraph 7ss77#a77;,a7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 that does not contain any item described in that paragraph that has been processed1 extracted1 or concentrated 7other than harvesting1 drying1 curing1 or trimming74 4 #hjd4 ,grants for hiring and training relating to cannabis enforcement 7a7 ,amendment ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended-- 7#a7 by redesignating subsection 7m7 as subsection 7o72 and 7#b7 by inserting after subsection 7l7 the following3 7m7 ,,cops grants for small departments ,to combat illicit cannabis production and distribution 7#a7 ,eligible entity defined ,in this subsection1 the term eligible entity means a law enforcement agency that-- 7,a7 has not more than #ej sworn law enforcement officers2 7,b7 serves not more than #ej1jjj residents2 and 7,c7 demonstrates a need for additional personnel to combat illicit cannabis production and distribution4 7#b7 ,grants ,the ,attorney ,general shall award competitive grants to eligible entities for hiring-- 7,a7 sworn law enforcement officers2 7,b7 non-sworn law enforcement officers2 7,c7 investigators2 and 7,d7 community outreach specialists4 7n7 ,cannabis law education programs and technical assistance 7#a7 ,program development ,the ,attorney ,general shall develop ,federal education programs and technical assistance for ,state and local law enforcement agencies to develop the knowledge and expertise necessary to ensure-- 7,a7 the enforcement of ,state and ,federal cannabis laws2 and 7,b7 that the enforcement described in subparagraph 7,a7 is consistent with the ,constitution of the ,united ,states4 7#b7 ,state-specific training and guidance ,the ,director of the ,bureau of ,justice ,assistance shall develop ,state-specific training and guidance for law enforcement agencies within a jurisdiction for use in the ,federal education programs described in paragraph 7#a74 7#c7 ,grants ,the ,attorney ,general shall award grants to law enforcement agencies for the costs associated with training under this subsection4 4 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #ae1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 #hje4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or any application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of this ,act and the amendments made by this ,act to any other person or circumstance shall not be affected4