,,ii #aahth ,,congress #b;d ,session ,s4 #ebdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be1 #bjbd,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to provide for the regulation of cannabis and cannabinoid products1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,cannabinoid ,safety and ,regulation ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,food and ,drug ,administration regulation of cannabinoid products,sec4 #aja4 ,,fda regulation of cannabinoid products4,sec4 #ajb4 ,amendments to the ,federal ,food1 ,drug1 and ,cosmetic ,act4,sec4 #ajc4 ,regulation of cannabinoid beverages containing tetrahydrocannabinol4,,title ,,ii--,public health,sec4 #bja4 ,public health surveillance and data collection4,sec4 #bjb4 ,awards to prevent underage cannabis use4,,title ,,iii--,cannabis-impaired driving prevention,sec4 #cja4 ,definitions4,sec4 #cjb4 ,cannabis-impaired driving research4,sec4 #cjc4 ,,dot cannabis-impaired driving prevention programs4,sec4 #cjd4 ,state cannabis-impaired driving prevention grant program4,sec4 #cje4 ,national cannabis impairment standard4,sec4 #cjf4 ,funding4 ,i ,food and ,drug ,administration regulation of cannabinoid products #aja4 ,,fda regulation of cannabinoid products 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 ,cannabinoid products #aaja4 ,center for ,cannabinoid ,products ,not later than #abj days after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 the ,secretary shall establish within the ,food and ,drug ,administration the ,center for ,cannabinoid ,products1 which shall report to the ,commissioner 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 cannabinoid products ,a cannabinoid 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 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;c72 7#g7 it has been manufactured1 prepared1 processed1 packed1 or held in any factory1 warehouse1 or establishment and the owner1 operator1 or agent of such factory1 warehouse1 or establishment delays1 denies1 or limits an inspection1 or refuses to permit entry or inspection2 or 7#h7 it bears or contains1 or has been manufactured1 prepared1 or processed from1 artificially or synthetically derived cannabinoids of any kind4 #aajc4 ,misbranded cannabinoid products ,a cannabinoid product shall be deemed to be misbranded-- 7#a7 if its labeling1 advertising1 or promotion is false or misleading in any particular1 except that no cannabinoid product shall be deemed to be misbranded solely because its labeling1 advertising1 or promotion uses the term cannabis2 7#b7 if it is a finished product1 unless it bears a label containing-- 7,a7 a prominent statement on the front of the product packaging1 and on any internal product insert or packaging1 that the product contains cannabinoids2 7,b7 the name1 place of business1 and contact information 7including1 as applicable1 phone number1 email address1 and physical address7 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 if it is intended for animal consumption or human consumption and is packaged and labeled in such a way as to suggest more than one serving1 dose1 or the equivalent1 information on how such product may be divisible into1 or measured into1 a portion equivalent to one serving1 dose1 or the equivalent2 7,f7 if it is intended for animal consumption or human consumption and is packaged and labeled in such a way as to suggest more than one serving1 dose1 or the equivalent1 a statement of the amount of total tetrahydrocannabinol1 in milligrams1 in one serving1 dose1 or the equivalent2 7,g7 7i7 a statement of the content and amount1 in milligrams1 of any other cannabinoids in the product1 other than naturally occurring cannabinoids present at trace amounts2 and 7ii7 if it is packaged and labeled in such a way as to suggest more than one serving1 dose1 or the equivalent1 a statement of the amount of such other cannabinoids in one serving1 dose1 or the equivalent2 7,h7 adequate directions for use and how to report adverse events1 if deemed necessary for the protection of the public health in regulations promulgated pursuant to section #aaje7;a72 7,i7 if it is intended for human consumption1 a statement disclosing the presence or the possibility of the presence of any major food allergen or other food allergen which the ,secretary may1 by order1 require to be disclosed2 7,j7 if it is intended for human use1 a statement disclosing any known risks to special populations1 including children1 individuals who are pregnant or breastfeeding1 and individuals taking drugs known to interact with the product1 including the following statement3 ,keep out of reach of children and pets4 ,this product should not be consumed by women who are pregnant or nursing4 ,consult your health care provider if you have any other medical conditions or are taking any medication7s74 ,this product may be purchased only by persons #ba and older42 7,k7 a statement disclosing risks posed by consuming or using the specific cannabinoid contained or purported to be contained in the product1 including the risk of drug test failure2 7,l7 unless it is a dietary supplement that bears the statement required by section #djc7r77#f77;,c71 a statement disclosing that the ,food and ,drug ,administration has not determined the product to be safe or effective for treating any condition1 including the following statement3 ,this product has not been evaluated for safety or efficacy by the ,food and ,drug ,administration42 7,m7 if it is intended for use in animals1 a prominently placed1 conspicuous-- 7i7 warning that the product should not be used by humans2 and 7ii7 statement that the product is intended for use in animals1 including a specification of the intended species2 7,n7 the applicable universal symbol described in section #aaje7;d72 7,o7 beginning not later than #ij days after issuance of an order or finalization of a rule under section #aaje7;f77#a71 as applicable1 information on the safety test results for such product1 or information on where to obtain such safety test results2 and 7,p7 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 it is a dietary supplement or a food and its label or labeling bears a statement describing the role of a cannabis constituent or cannabinoid intended to affect the structure or any function of the body of humans or other animals1 unless there is substantiation that such statement is truthful and not misleading2 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 cannabinoid product that is subject to a cannabinoid product standard established under section #aajf unless such cannabinoid 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 processed1 packaged1 packed1 imported1 labeled1 or held in an establishment not duly registered under section #aajd1 if it was not included in a list required by section #aajd1 or if it was manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held by or in an establishment for which the registration was suspended under section #aajd and such registration has not been reinstated2 7#h7 if it takes such a form as to imitate or replicate a product that is marketed to or is commonly associated with children or minors1 imitates a commercially available candy1 snack1 or beverage packaging or labeling1 or is in the shape of real or imagined animals1 people1 vehicles1 or characters1 including anthropomorphic non-human animals1 vehicles1 foods1 plants1 or other characters1 and including cartoon characters2 7#i7 it is a gummy product1 unless it is in the shape of a cube1 rectangle1 sphere1 or other geometric shape2 or 7#aj7 if it purports to be1 or is represented as1 an eye drop1 nasal spray1 or injectable4 #aajd4 ,registration 7a7 ,registration by covered entities 7#a7 ,initial registration 7,a7 ,existing facilities ,each covered entity that1 on the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 owns or operates a facility that carries out a covered activity shall register each such facility with the ,secretary not later than #ij days after such date of enactment1 in accordance with subsection 7b74 7,b7 ,new facilities ,each covered entity that owns or operates a facility that first carries out1 after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 a covered activity shall register with the ,secretary not later than #cj days after the date on which a covered entity first engages in such covered activity or #cj days after the deadline for registration under subparagraph 7,a71 whichever is later1 in accordance with subsection 7b74 7#b7 ,renewal of registration ,each covered entity required to register a facility under this section shall renew such registration with the ,secretary on or before ,december #ca of each even-numbered year4 7b7 ,content of registration 7#a7 ,in general ,for each facility at which a covered entity carries out a covered activity1 such covered entity shall submit to the ,secretary1 through the website established under paragraph 7#b77;,a71 a registration that includes-- 7,a7 information necessary to notify the ,secretary of the name 7including trade name71 address1 and telephone number of such facility2 7,b7 7i7 in the case of a domestic facility1 the email address and telephone number for the contact person of such facility2 or 7ii7 in the case of a foreign facility1 the email address and telephone number for the ,united ,states agent for such facility2 7,c7 the general activities conducted at such facility1 including the #a or more categories of cannabinoid products manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held at such facility2 7,d7 the facility registration number for such facility1 if any1 previously assigned by the ,secretary2 7,e7 all brand names under which cannabinoid products manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held in such facility are sold1 on the condition that the ,secretary shall keep such information confidential2 7,f7 an assurance that the ,secretary will be permitted to inspect such facility at the times and in the manner permitted by this ,act1 including section #gjd2 and 7,g7 any other information the ,secretary may require4 7#b7 ,procedure 7,a7 ,website 7i7 ,in general ,not later than the applicable date described in clause 7ii71 the ,secretary shall establish a website for submission of registration under this subsection4 7ii7 ,applicable date described ,the applicable date described in this clause is-- 7,i7 #ahj days after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act2 or 7,,ii7 if ,december #ca is less than #ahj days after such date of enactment1 #bdj days after such date of enactment4 7,b7 ,notification of receipt2 registration numbers ,not later than #cj days after the date on which the ,secretary receives a completed registration submitted under this subsection1 the ,secretary shall-- 7i7 notify the applicable covered entity of the receipt of such registration2 and 7ii7 assign such covered entity a registration number4 7,c7 ,owners1 operators1 and agents in charge ,a registration under this subsection shall-- 7i7 in the case of a domestic facility1 be submitted by the owner or operator of such facility2 and 7ii7 in the case of a foreign facility1 be submitted by the owner or operator of such facility4 7c7 ,uniform product identification system ,the ,secretary may-- 7#a7 by regulation prescribe a uniform system for the identification of cannabinoid products2 and 7#b7 require persons who are required to list such cannabinoid products under subsection 7f7-- 7,a7 to list such cannabinoid products in accordance with such system2 and 7,b7 to include the identification number for such cannabinoid products on the labels for such cannabinoid products4 7d7 ,registration information ,the ,secretary shall compile and maintain an up-to-date list of facilities that are registered under this section4 7e7 ,fee for registration 7#a7 ,in general ,the ,secretary may charge a fee for registration under this section1 which shall be due upon submission of such registration4 7#b7 ,electronic payment ,payment of the fee under paragraph 7#a7 may be made electronically pursuant to an online method of payment provided by the ,secretary4 7#c7 ,amount of fee2 inflation adjustments 7,a7 ,in general ,if the ,secretary charges a fee under paragraph 7#a71 the ,secretary shall establish the amount of the fee as follows3 7i7 ,for fiscal year #bjbd1 an amount not to exceed #ejj4 7ii7 ,for fiscal year #bjbe and each fiscal year thereafter1 an amount equal to the product obtained by multiplying-- 7,i7 the dollar amount of the fee established under clause 7i72 and 7,,ii7 the percentage 7if any7 by which the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor1 increased during the most recent #ab-month period4 7,b7 ,effect ,nothing in this paragraph prevents the ,secretary from decreasing the amount of the registration fee under paragraph 7#a74 7#d7 ,registration refused or withdrawn ,the ,secretary shall refund #ge percent of the fee paid under paragraph 7#a7 for any registration that is denied1 refused1 or withdrawn4 7f7 ,registration information 7#a7 ,product list 7,a7 ,in general ,each covered entity that registers with the ,secretary under this section shall1 at the time of such registration1 file with the ,secretary-- 7i7 a list of all cannabinoid products which are being manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held by such covered entity for commercial distribution and which have not been included in any list of cannabinoid products filed by such covered entity with the ,secretary under this paragraph or paragraph 7#b7 before such time of registration2 and 7ii7 such other information as the ,secretary may require1 by regulation1 to carry out the purposes of the ,cannabinoid ,safety and ,regulation ,act1 including the amendments made by such ,act4 7,b7 ,form and manner of list ,the list under subparagraph 7,a77i7 shall include-- 7i7 the facility registration number of each facility where the cannabinoid product is manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held2 7ii7 the name and contact number of the responsible person and the name for the cannabinoid product1 as such name appears on the label2 7iii7 the name and contact number of the person submitting the listing2 and 7iv7 an electronic copy of the label1 and an electronic copy of the package insert1 if any4 7#b7 ,report of any change in product list ,each covered entity that 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 cannabinoid product that has not been included in any list previously filed by the registrant1 a list containing such cannabinoid product4 7,b7 ,a notice of discontinuance of the manufacturing1 preparing1 propagating1 compounding1 processing1 packaging1 packing1 importing1 labeling1 or holding for commercial distribution of a cannabinoid 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 manufacturing1 preparing1 propagating1 compounding1 processing1 packaging1 packing1 importing1 labeling1 or holding for commercial distribution of the cannabinoid product with respect to which a notice of discontinuance was reported under subparagraph 7,b74 7,d7 ,a list of each cannabinoid product included in a notice filed under subparagraph 7,c7 prior to the resumption of the introduction into commercial distribution of such cannabinoid product4 7g7 ,suspensions 7#a7 ,suspension of registration of a facility ,the ,secretary may suspend the registration of a facility if the ,secretary-- 7,a7 determines that a cannabinoid product manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held by such registered facility and distributed in the ,united ,states has a reasonable probability of causing a serious adverse effect in humans or other animals2 and 7,b7 has a reasonable belief that other cannabinoid products manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held by such registered facility may be similarly affected because of a failure that cannot be isolated to a product or products1 or is sufficiently pervasive to raise concerns about other products manufactured1 prepared1 propagated1 compounded1 processed1 packaged1 packed1 imported1 labeled1 or held in such registered facility4 7#b7 ,notice of suspension ,before suspending the registration of a facility under this subsection1 the ,secretary shall provide-- 7,a7 notice to the applicable covered entity of the intent to suspend the facility registration1 which shall specify the basis of the determination by the ,secretary that the facility registration should be suspended2 and 7,b7 an opportunity1 within #e business days of the notice provided under subparagraph 7,a71 for such covered entity to provide a corrective action plan to demonstrate how such covered entity plans to correct the violations found by the ,secretary4 7#c7 ,hearing 7,a7 ,in general ,the ,secretary shall provide a covered entity the facility registration of which is suspended under this subsection with an opportunity for an informal hearing1 to be held as soon as practicable1 but in any case not later than #e business days after such registration is suspended1 or such other time period as is agreed upon by the ,secretary and the covered entity1 on the actions required for reinstatement of registration and why the registration that is subject to the suspension should be reinstated4 7,b7 ,post-hearing reinstatement ,if a covered entity requests a hearing under subparagraph 7,a71 and the ,secretary determines1 based on evidence presented at such hearing1 that adequate grounds do not exist to continue the suspension of such registration1 the ,secretary shall reinstate such registration4 7,c7 ,post-hearing corrective action plan 7i7 ,in general ,if a covered entity requests a hearing under subparagraph 7,a71 and the ,secretary determines1 based on evidence presented at such hearing1 that the suspension of registration remains necessary1 the ,secretary shall require the applicable covered entity to submit to the ,secretary a corrective action plan described in paragraph 7#b77;,b71 if not already submitted4 7ii7 ,review ,the ,secretary shall review1 and approve or deny1 a plan submitted under paragraph 7#b77;,b7 or clause 7i71 as applicable1 not later than #ad business days after such submission or such other time period as is determined by the ,secretary1 in consultation with the applicable covered entity4 7,d7 ,vacating of order2 reinstatement ,upon a determination by the ,secretary that adequate grounds do not exist to continue the suspension of a registration of a facility under this subsection1 the ,secretary shall promptly vacate such suspension and reinstate such registration4 7#d7 ,effect of suspension ,if the registration of a facility is suspended under this subsection1 no person shall carry out a covered activity at such facility4 7h7 ,disclosure 7#a7 ,in general ,the list described in subsection 7d71 any information submitted by a covered entity pursuant to this section1 and any information derived from such list or information1 shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code1 to the extent that such list or information discloses the identity or location of a registered facility1 unless such information was previously lawfully disclosed to the public4 7#b7 ,applicability ,for purposes of paragraph 7#a71 this section shall be considered a statute described in section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code4 7i7 ,regulations ,the ,secretary may promulgate such regulations as may be necessary to carry out this section4 7j7 ,definitions ,in this section3 7#a7 ,covered activity ,the term covered activity means-- 7,a7 in the case of a domestic facility1 the manufacturing1 preparing1 propagating1 compounding1 processing1 packaging1 packing1 importing1 labeling1 or holding of a cannabinoid product for commercial distribution in the ,united ,states2 or 7,b7 in the case of a foreign facility1 the manufacturing1 preparing1 propagating1 compounding1 processing1 packaging1 packing1 labeling1 or holding of a cannabinoid product that is imported or offered for import into the ,united ,states4 7#b7 ,covered entity ,the term covered entity means any person who owns or operates a domestic facility or foreign facility that is engaged in a covered activity4 7#c7 ,domestic facility ,the term domestic facility means a facility located in any ,state4 7#d7 ,foreign facility ,the term foreign facility means a facility that manufactures1 prepares1 propagates1 compounds1 processes1 packages1 packs1 labels1 or holds a cannabinoid product that is imported or offered for import into the ,united ,states4 #aaje4 ,general provisions for control of cannabinoid products 7a7 ,restrictions on sale and distribution 7#a7 ,remote sales ,not later than #b years after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 the ,secretary shall propose1 and not later than #c years after such date of enactment1 the ,secretary shall finalize1 regulations regarding the promotion1 sale1 and distribution of cannabinoid products intended for human consumption and that contain detectable levels of any tetrahydrocannabinol 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 cannabinoid products to individuals who have not attained the age of #ba1 including requirements for age verification4 ,such regulations shall require age to be verified at the time of purchase or prior to shipment1 either through use of a reliable online age verification service or by obtaining and examining a copy of a valid1 non-expired government-issued identification1 including identification issued by an ,indian ,tribe 7as defined in section #aaaj74 7#b7 ,preventing use of cannabinoid products in minors ,the ,secretary shall1 by regulation1 impose such restrictions on sales of cannabinoid products as the ,secretary determines necessary and appropriate to prevent the consumption or application of cannabinoid products intended for human consumption by individuals under #ba years of age4 ,such regulations shall prohibit sales of cannabinoid 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 cannabinoid products in such individuals4 7#c7 ,good faith consultation with ,indian ,tribes ,in issuing regulations under paragraphs 7#a7 and 7#b71 the ,secretary shall conduct good faith1 meaningful1 and timely consultations with ,indian ,tribes 7as defined in section #aaaj74 7b7 ,labeling statements ,the label and labeling of a cannabinoid 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 ,standardized information panel for ingestible cannabinoid products ,the ,secretary may prescribe by order a standardized format or label for labeling information required under this chapter for cannabinoid products intended for human consumption4 7d7 ,universal symbol 7#a7 ,in general ,the universal symbol referred to in section #aajc7b77,n7 is1 as applicable-- 7,a7 the most recent international symbol established by ,,astm ,international indicating that a product contains intoxicating cannabinoids2 or 7,b7 the most recent international symbol established by ,,astm ,international indicating that a product contains nonintoxicating cannabinoids4 7#b7 ,state authority 7,a7 ,in general ,the ,state in which a cannabinoid product is offered for sale may determine which of the universal symbols described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 shall be required to be included on the label for such cannabinoid product for purposes of section #aajc7b77,n74 7,b7 ,state labels ,before the date on which an international symbol described in paragraph 7#a77;,b7 is established1 the ,state in which a cannabinoid product is offered for sale may establish1 for purposes of section #aajc7b77,n71 a symbol that indicates that a product contains either intoxicating cannabinoids or nonintoxicating cannabinoids4 7e7 ,tamper-,evident and child safety packaging 7#a7 ,in general ,the ,secretary may establish by order requirements for tamper-evident and child safety packaging for cannabinoid products intended for human consumption and that contain more than #a serving and are packaged in a container that exceeds #d ounces4 7#b7 ,effect ,nothing in this subsection shall authorize the ,secretary to prescribe by order or rulemaking specific packaging designs1 product content1 package quantity1 or1 with the exception of authority granted in section #aajc1 labeling and packaging4 7f7 ,good manufacturing practice requirements 7#a7 ,in general ,not later than #i months after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 the ,secretary shall promulgate regulations to require that the methods used in1 and the facilities and controls used for1 the manufacture1 preparing1 processing1 packing1 and holding of a cannabinoid product conform to current good manufacturing practice1 including testing of cannabinoid products4 7#b7 ,certification ,the ,secretary may require each covered entity with a registered facility under section #aajd to certify with respect to such registered facility compliance with the good manufacturing practice regulations described in paragraph 7#a74 7g7 ,good testing practice requirements 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 the ,secretary shall promulgate regulations or issue an order to require a cannabinoid product to be tested for safety in a laboratory certified1 accredited1 licensed1 or otherwise formally recognized for the testing of cannabinoid products in the ,state in which the cannabinoid product is produced4 ,such regulations may include requirements for laboratory accreditation standards1 such as ,,iso #agjbe of the ,international ,organization for ,standardization 7or a successor standard74 7#b7 ,requirements for entities conducting testing ,the regulations or order under paragraph 7#a7 shall require that an entity conducting a test of a cannabinoid product described in such paragraph-- 7,a7 be registered and accredited for the testing of cannabinoid products or cannabis products in the applicable ,state2 or 7,b7 be registered and in good standing with the ,drug ,enforcement ,agency as a ,hemp ,analytical ,testing ,laboratory4 7#c7 ,requirements for testing ,the regulations or order under paragraph 7#a7 shall require that a test of a cannabinoid product described in such paragraph-- 7,a7 shall be completed using-- 7i7 statistically valid sampling of the cannabinoid product2 and 7ii7 analytical testing methodologies that are-- 7,i7 based on published1 peer-reviewed methods validated for cannabis testing by an independent third party2 or 7,,ii7 verified by the testing entity for compliance with the ,official ,methods of ,analysis of ,,aoac ,international1 #bbnd edition 7or any successor edition72 7,b7 shall include-- 7i7 testing for-- 7,i7 pesticides and other chemical residues or residual solvents1 regardless of whether a tolerance for such pesticides or other chemical residues or residual solvents has been established2 7,,ii7 synthetic inputs used to produce semi-synthetic cannabinoid products1 including hydrochloric acid and sulphuric acid2 7,,iii7 heavy metals1 including arsenic1 cadmium1 lead1 and copper1 regardless of whether a tolerance for such heavy metals has been established2 and 7,,iv7 foreign matter1 including mildew1 organic materials foreign to the product1 and inorganic materials2 and 7ii7 a potency analysis1 which may not be adulterated or manipulated by any means1 including by the addition of trichromes or other matter incidentally removed while manipulating the product for testing1 including measurements of-- 7,i7 the total tetrahydrocannabinol content of the finished product2 7,,ii7 the total cannabinoid content of the finished product2 7,,iii7 the concentration of tetrahydrocannabinol2 and 7,,iv7 the concentration of cannabinoids2 7,c7 shall be conducted subject to quality assurance protocols to ensure the validity and reliability of test results2 7,d7 shall use analytical method selection1 validation1 and verification that ensure that the testing method used is appropriate for the product type and method of consumption by the end user1 including post-decarboxylation1 if applicable2 7,e7 shall ensure that analytical tests are sufficiently sensitive for the purposes of the detectability requirements of required testing2 and 7,f7 shall use testing protocols that include an effective disposal procedure for non-compliant samples that do not meet the requirements of this section4 7#d7 ,product safety thresholds ,the regulations or order under paragraph 7#a7 shall establish thresholds for cannabinoid product safety with respect to residual solvent levels1 heavy metals1 foreign matter1 mycotoxin levels1 and byproducts of semi-synthetic manufacturing processes4 7h7 ,foods containing cannabinoids 7#a7 ,in general ,a food may also be a cannabinoid product1 or contain a cannabinoid product1 if it otherwise complies with all applicable requirements for food under chapter ,,iv and all applicable requirements for cannabinoid products under this chapter4 7#b7 ,effect ,a food that is also a cannabinoid product1 or that contains a cannabinoid product1 shall not be deemed-- 7,a7 adulterated under section #djb7;a77#b77;,c77i7 solely on account of constituents made or derived from cannabinoids2 or 7,b7 a food to which has been added a drug approved under section #eje or 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 7i7 ,dietary supplements containing cannabinoids 7#a7 ,in general ,a dietary supplement may also be a cannabinoid product1 or contain a cannabinoid product1 if it otherwise complies with all applicable requirements for dietary supplements and food under chapter ,,iv and all applicable requirements for cannabinoid products under this chapter4 7#b7 ,effect ,a dietary supplement that is also a cannabinoid product1 or that contains a cannabinoid product1 shall not be-- 7,a7 deemed adulterated under section #djb7;f7 solely on account of constituents made or derived from cannabinoids2 or 7,b7 excluded from the definition of dietary supplement under section #bja7;ff77#c7 solely on account of constituents made or derived from cannabis4 7j7 ,manufacturing1 processing1 and production of cannabinoids and semi-,synthetic cannabinoids 7#a7 ,in general ,the ,secretary may promulgate regulations regarding the manufacturing1 processing1 or production of artificially or synthetically derived cannabinoids and semi-synthetic cannabinoids in order to protect the public health4 7#b7 ,safety2 removal of dangerous cannabinoids ,if promulgated1 the regulations under paragraph 7#a7-- 7,a7 shall determine the safety of artificially or synthetically derived cannabinoids and semi-synthetic cannabinoids across various methods of administration2 and 7,b7 may establish a process for the removal from the market of-- 7i7 dangerous artificially or synthetically derived cannabinoids or semi-synthetic cannabinoids2 or 7ii7 artificially or synthetically derived cannabinoids or semi-synthetic cannabinoids that cause a serious adverse effect 7as defined in section #bja7tt77#e774 #aajf4 ,cannabinoid product standards 7a7 ,in general ,not later than #a year after the date of enactment of the ,cannabinoid ,safety and ,regulation ,act1 the ,secretary shall1 by regulation1 adopt cannabinoid product standards that are appropriate for protection of the public health and that distinguish different cannabinoid product types4 7b7 ,content of standards ,a cannabinoid product standard established under this section shall include provisions-- 7#a7 on the ingredients of the cannabinoid 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 cannabinoid product1 which may consider1 as appropriate1 the interaction between constituents and components of the cannabinoid 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 cannabinoid product1 including requiring that the testing of the cannabinoid product be done by a person licensed1 certified1 or otherwise authorized to perform such testing in the ,state where such testing occurs2 7#c7 requiring that the results of testing the cannabinoid product show that the cannabinoid product is in conformity with applicable standards1 including with respect to the level of heavy metals1 chemical byproducts1 or pesticide residues2 7#d7 for the measurement of the characteristics of the cannabinoid product1 where appropriate1 including total product weight1 size1 color1 appearance1 and other distinguishing features2 7#e7 requiring that the sale and distribution of the cannabinoid product be restricted but only to the extent that the sale and distribution of a cannabinoid 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 cannabinoid product and any potential serious adverse effects of the product2 and 7#g7 requiring cannabinoid products containing foreign-grown hemp or cannabinoids to meet the same standards applicable to cannabinoid products containing domestically grown cannabis4 7c7 ,periodic reevaluation of standards ,the ,secretary shall provide for periodic evaluation of cannabinoid 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 cannabinoid product would cause a serious adverse effect1 the ,secretary shall issue an order requiring the appropriate person 7including the manufacturers1 importers1 distributors1 or retailers of the cannabinoid product7 to immediately cease distribution of such cannabinoid 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 cannabinoid 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 cannabinoid 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 cannabinoid 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 cannabinoid product from individuals2 and 7,b7 shall provide for notice to persons subject to the risks associated with the use of such cannabinoid product4 7#c7 ,use of retailers ,in providing the notice required by paragraph 7#b77;,b71 the ,secretary may use the assistance of retailers and other persons who distributed such cannabinoid 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 cannabinoid products 7a7 ,in general ,each person who is a cannabinoid product manufacturer or importer of a cannabinoid 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 cannabinoid product is not adulterated or misbranded and to otherwise protect public health4 7b7 ,reports of removals and corrections 7#a7 ,requirement 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall by regulation require a cannabinoid product manufacturer or importer of a cannabinoid product to report promptly to the ,secretary any corrective action taken or removal from the market of a cannabinoid product undertaken by such manufacturer or importer if the removal or correction was undertaken-- 7i7 to reduce a risk to health posed by the cannabinoid product2 or 7ii7 to remedy a violation of this chapter caused by the cannabinoid product which may present a risk to health4 7,b7 ,records ,a cannabinoid product manufacturer or importer of a cannabinoid product who undertakes a corrective action or removal from the market of a cannabinoid 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 cannabinoid product may be required under paragraph 7#a77;,a7 if a report of the corrective action or removal is required and has been submitted under subsection 7a74 #aaji4 ,prohibition on flavored electronic cannabinoid product delivery system 7a7 ,in general ,except as provided in subsection 7b71 any electronic cannabinoid product delivery system shall not contain an added artificial or natural flavor1 including mint1 mango1 strawberry1 grape1 peach1 orange1 berry or mixed berry1 clove1 cinnamon1 pineapple1 vanilla1 coconut1 licorice1 cocoa1 chocolate1 cherry1 watermelon1 lemon1 lime or lemon-lime1 coffee1 any combination thereof1 or any other flavor that the ,secretary may determine by order4 7b7 ,application to terpenes ,an electronic cannabinoid product delivery system may contain added or naturally occurring terpenes1 including naturally occurring non-cannabis terpenes1 on the conditions that-- 7#a7 if the cannabinoid product delivered by the electronic cannabinoid product delivery system contains added terpenes but not naturally occurring terpenes1 not greater than #e percent of the total weight of such cannabinoid product shall be added terpenes2 7#b7 if the cannabinoid product delivered by the electronic cannabinoid product delivery system contains naturally occurring terpenes but not added terpenes1 not greater than #f percent of the total weight of such cannabinoid product shall be naturally occurring terpenes2 and 7#c7 if the cannabinoid product delivered by the electronic cannabinoid product delivery system contains both added terpenes and naturally occurring terpenes1 not greater than #f percent of the total weight of the cannabinoid product shall be such naturally occurring terpenes and added terpenes4 7c7 ,definition ,in this section1 the term electronic cannabinoid product delivery system means an electronic device that delivers a cannabinoid product via an aerosolized or vaporized 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 ,effect 7a7 ,preservation of ,federal1 ,state1 ,tribal1 and local authority 7#a7 ,effect 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 to enact1 adopt1 promulgate1 and enforce any law1 rule1 regulation1 or other measure with respect to cannabinoid 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 cannabinoid products by individuals of any age1 information reporting to the ,state or ,indian ,tribe1 or measures relating to fire safety or environmental standards for cannabinoid products4 ,no provision of this chapter shall limit or otherwise affect any ,state1 ,tribal1 or local taxation of cannabinoid products4 7,b7 ,restriction ,no ,state or political subdivision of a ,state may enact1 adopt1 promulgate1 and enforce any law1 rule1 regulation1 or other measure for the labeling of cannabinoid products that is not identical to the requirements for the packaging or labeling of a cannabinoid product required by section #aajc 7including regulations74 7,c7 ,transportation of cannabinoid products ,no ,state or ,indian ,tribe may prohibit the transportation or shipment of cannabinoid products produced in accordance with this chapter 7including regulations7 through the ,state or land under the jurisdiction of the ,indian ,tribe4 7#b7 ,rule of construction regarding product liability ,no provision of this chapter relating to a cannabinoid 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 ,tribe4 7#c7 ,definition of ,indian ,tribe ,in this subsection1 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 the ,cannabinoid ,safety and ,regulation ,act pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid4 7b7 ,authority of ,,usda ,nothing in this chapter affects the jurisdiction of the ,secretary of ,agriculture over the planting1 cultivation1 growing1 and harvesting of hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf74 4 #ajb4 ,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 cannabinoid products72 7#b7 in paragraph 7ff77#a71 by striking 7other than tobacco7 and inserting 7other than a tobacco product or a cannabinoid product72 7#c7 in paragraph 7rr77#d71 by inserting cannabinoid product1 after medical device2 and 7#d7 by adding at the end the following3 7tt7 7#a7 7,a7 ,the term cannabis means-- 7i7 all parts of the plant ,cannabis sativa ,l41 whether growing or not2 7ii7 the seeds of such plant2 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 resin1 or other constituent element derived from such plant4 7,b7 ,the term cannabis does not include-- 7i7 any cannabis plant actively under cultivation that is being cultivated in accordance with the requirements of subtitle ,g of the ,agricultural ,marketing ,act of #aidf2 7ii7 a cannabinoid product2 or 7iii7 the mature stalks of the plant ,cannabis sativa ,l41 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 cake1 or the sterilized seed of such plant that is incapable of germination4 7#b7 ,the term cannabinoid means any of the following3 7,a7 ,any chemical in any plant of the genus ,cannabis that is unique in nature to such plant1 including any of the following chemicals3 7i7 ,tetrahydrocannabinol4 7ii7 ,cannabinol4 7iii7 ,cannabidiol4 7iv7 ,cannabigerol4 7v7 ,cannabichromene4 7vi7 ,tetrahydrocannabivarin4 7vii7 ,cannabivarin4 7viii7 ,cannabidivarin4 7ix7 ,cannabielsion4 7x7 ,cannabicyclol4 7xi7 ,cannabitriol4 7xii7 ,cannabicitran4 7,b7 ,any isomer of a chemical described in clause 7,a71 and any acids1 acetates1 salts1 esters1 ethers1 and derivatives thereof4 7,c7 ,any chemical1 regardless of origin or method of production1 that is equivalent in chemical structure to a chemical referred to in clause 7,a71 or has both a similar terpenophenolic chemical structure and pharmacological effect to a chemical referred to in clause 7,a74 7,d7 ,any chemical derived from a plant of the genus ,cannabis that is a ,,cb-#a or ,,cb-#b receptor agonist or partial agonist4 7,e7 ,any chemical that the ,secretary has1 by order1 deemed to be a cannabinoid4 7#c7 7,a7 ,the term cannabinoid product means any article or product1 including its components or parts1 that-- 7i7 contains or purports to contain any quantity of #a or more cannabinoids that are derived from hemp 7as defined in section #big;,a of the ,agricultural ,marketing ,act of #aidf72 and 7ii7 is intended for use in1 through any route of administration1 or to be applied to1 the body of humans or other animals4 7,b7 ,the term cannabinoid product does not include-- 7i7 a drug that is subject to the requirements of chapter ,v or section #cea of the ,public ,health ,service ,act2 7ii7 a device that is subject to the requirements of chapter ,v2 7iii7 any cannabis plant actively under cultivation that is being cultivated in accordance with the requirements of subtitle ,g of the ,agricultural ,marketing ,act of #aidf2 or 7iv7 a virus1 serum1 toxin1 or analogous product subject to the requirements of the eighth paragraph of the matter under the heading ,,bureau ,,of ,,animal ,,industry in the ,act of ,march #d1 #aiac 7commonly known as the ,virus-,serum-,toxin ,act74 7#d7 ,with respect to cannabis or a cannabinoid product1 the term manufacture does not include the planting1 cultivation1 growing1 or harvesting of cannabis4 7#e7 ,with respect to a cannabinoid product1 the term serious adverse effect means that use of the product-- 7,a7 results in-- 7i7 death2 7ii7 a life-threatening adverse experience2 7iii7 inpatient hospitalization or prolongation of existing hospitalization2 7iv7 a persistent or significant disability or incapacity2 7v7 a congenital anomaly or birth defect2 or 7vi7 other serious medical event2 or 7,b7 requires1 based on reasonable medical judgment1 a medical or surgical intervention to prevent an outcome described in clause 7,a74 7uu7 ,the term intended for human consumption1 with respect to a cannabinoid product1 means a cannabinoid product intended for ingestion or inhalation by a human4 7vv7 ,the term tetrahydrocannabinol means-- 7#a7 the chemical substance found in the ,cannabis sativa ,l4 plant1 including the delta-#f;a1 delta-#g1 delta-#h1 delta-#i1 delta-#aj;a1 and delta-#aj forms1 whether naturally occurring in the ,cannabis sativa ,l4 plant or synthetically or semi-synthetically derived2 7#b7 all isomers of tetrahydrocannabinol1 and any acids1 acetates1 metabolites 7including #aa-;hydroxy-,,thc1 #c-;hydroxy-,,thc1 and #g-;hydroxy-,,thc and their isomers71 salts1 esters1 ethers1 and derivatives thereof1 including its precursor form1 tetrahydrocannabinolic acid2 7#c7 tetrahydrocannabivarins1 including delta-#h tetrahydrocannabivarin1 and exo-tetrahydrocannabinol2 7#d7 hydrogenated forms of tetrahydrocannabinol including hexahydrocannabinol1 hexahydrocannabiphorol1 and hexahydrocannabihexol2 7#e7 analogues of tetrahydrocannabinols with an alkyl chain of four or more carbon atoms1 including tetrahydrocannabiphorols1 tetrahydrocannabiocytls1 tetrahydrocannabihexols1 or tetrahydrocannabutols2 and 7#f7 any combination of the chemical substances described in subparagraphs 7#a7 through 7#e7 whether naturally or artificially derived or synthetically or semi-synthetically produced4 7ww7 7#a7 ,the term artificially or synthetically derived cannabinoid means a cannabinoid or a cannabinoid-like compound that is produced using chemical synthesis1 chemical modification1 or chemical conversion1 including by using in-vitro biosynthesis or other bioconversion4 7#b7 ,the term artificially or synthetically derived cannabinoid does not include-- 7,a7 a cannabinoid or a cannabinoid-like compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms2 7,b7 a cannabinoid product or input that undergoes the removal of solvents1 catalysts1 or other unwanted materials from the cannabinoid product or input2 or 7,c7 a semi-synthetic cannabinoid4 7#c7 7,a7 ,for purposes of subparagraph 7#b77;,c71 the term semi-synthetic cannabinoid means a substance that is created by a single chemical reaction that converts one cannabinoid extracted from a cannabis plant directly into a different cannabinoid that is found in more than trace amounts in a cannabis plant4 7,b7 ,for purposes of subparagraph 7#b77;,c71 the term semi-synthetic cannabinoid includes a cannabinoid that is produced by the conversion of cannabidiol1 including cannabinol and delta-#h tetrahydrocannabinol4 7,c7 ,for purposes of subparagraph 7#b77;,c71 the term semi-synthetic cannabinoid does not include a cannabinoid that is produced through the decarboxylation of naturally occurring acidic forms of cannabinoids into the corresponding neutral cannabinoid through the use of heat or light1 without the use of chemical reagents or catalysts1 and that results in no other chemical change4 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 cannabinoid 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 cannabinoid product1 after device2 7#e7 in paragraph 7r71 by inserting cannabinoid product1 after device1 each place it appears2 and 7#f7 by adding at the end the following3 7jjj7 7#a7 ,the sale or distribution of a cannabinoid product intended for human consumption and that contains detectable levels of any tetrahydrocannabinol to any person younger than #ba years of age4 7#b7 ,the sale or distribution of an article that is a cannabinoid product and that contains alcohol1 tobacco1 nicotine1 or another substance with effects that could interact with cannabinoids or enhance or alter the effects of cannabinoids1 as determined by the ,secretary through rulemaking4 7#c7 ,the failure of a manufacturer or distributor to notify the ,attorney ,general of its knowledge of cannabinoid products used in illicit trade4 7kkk7 7#a7 ,the introduction or delivery for introduction into commerce of any cannabinoid product that is adulterated or misbranded4 7#b7 ,the introduction or delivery for introduction into interstate commerce of an article intended for ingestion in tablet1 capsule1 powder1 softgel1 gelcap1 liquid1 or other form1 which is not represented as a conventional food and not represented for use as a sole item of a meal or of the diet if it-- 7,a7 contains any synthetic ingredient with a molecular structure that does not occur in nature2 and 7,b7 does not meet the definition of a dietary supplement in section #bja7;ff71 except that this subsection does not apply to any article introduced or delivered for introduction into interstate commerce in compliance with chapter ,v1 ,,vi1 or ,,ix or with section #cea of the ,public ,health ,service ,act4 7#c7 ,the adulteration or misbranding of any cannabinoid product in commerce4 7#d7 ,the receipt in commerce of any cannabinoid product that is adulterated or misbranded1 and the delivery or proffered delivery thereof for pay or otherwise4 7#e7 ,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 cannabinoid 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 7lll7 7#a7 ,the sale or distribution of a cannabinoid product intended for human consumption that contains multiple servings1 unless the contents of such cannabinoid product are readily divisible into portions equivalent to one serving4 7#b7 ,the sale or distribution of a cannabinoid product intended for human consumption that is in liquid form1 unless such cannabinoid product-- 7,a7 contains not more than one serving2 or 7,b7 if the serving size is less than #a fluid ounce1 includes a convenient device for measuring servings1 such as a dropper or measuring cup1 unless it is a food4 4 7c7 ,penalties ,section #cjc7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7;f77 is amended-- 7#a7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a7-- 7i7 in the first sentence1 by striking or 7#i7 and inserting 7#i71 or 7#aa72 and 7ii7 by inserting or no-cannabinoid-product-sale order after no-tobacco-sale order each place it appears2 7,b7 in subparagraph 7,b7-- 7i7 by inserting or no-cannabinoid-product-sale order after no-tobacco-sale order each place it appears2 and 7ii7 in the second sentence1 by inserting or cannabinoid products1 as applicable1 after tobacco products2 7,c7 in subparagraph 7,c71 in the first sentence1 by striking or 7#i7 and inserting 7#i71 or 7#aa72 and 7,d7 in subparagraph 7,d7 by inserting or no-cannabinoid-product-sale order after no-tobacco-sale order2 7#b7 in paragraph 7#f71 by inserting or no-cannabinoid- product-sale order after no-tobacco-sale order each place it appears2 and 7#c7 by adding at the end the following3 7#aj7 ,civil monetary penalties for violation of cannabinoid product requirements 7,a7 ,in general ,any person who violates a requirement of this ,act that relates to cannabinoid products shall be liable to the ,united ,states for a civil penalty in an amount not to exceed #ae1jjj for each such violation1 and not to exceed #ae1jjj1jjj for all such violations adjudicated in a single proceeding4 7,b7 ,enhanced civil penalties ,any person who knowingly violates a requirement of this ,act that relates to cannabinoid products shall be subject to a civil monetary penalty of-- 7i7 not to exceed #bej1jjj per violation1 and not to exceed #aj1jjj1jjj for all such violations adjudicated in a single proceeding2 or 7ii7 in the case of a violation that continues after the ,secretary provides written notice of the violation to such person1 #bej1jjj for the first #cj-;day period 7or any portion thereof7 that the person continues to be in violation1 and such amount shall double for every #cj-;day period thereafter that the violation continues1 not to exceed #aj1jjj1jjj for any #cj-;day period1 and not to exceed #bj1jjj1jjj for all such violations adjudicated in a single proceeding4 7#aa7 ,repeated violations relating to cannabinoid products 7,a7 ,in general ,if the ,secretary finds that a person has committed repeated violations of a requirement of this ,act that relates to cannabinoid products at a particular retail or online outlet1 or association of retail or online outlets1 then the ,secretary may impose a no-cannabinoid-product-sale order on that person prohibiting the sale of cannabinoid products in that outlet4 ,a no-cannabinoid-product-sale order may be imposed with a civil penalty under paragraph 7#a74 7,b7 ,hearing ,prior to the entry of a no-cannabinoid-product-sale order under this paragraph1 a person shall be entitled to a hearing pursuant to the procedures established through regulations of the ,food and ,drug ,administration for assessing civil money penalties1 including1 at a retailer's request1 a hearing by telephone1 or at the nearest regional or field office of the ,food and ,drug ,administration1 or at a ,federal1 ,state1 or county facility within #ajj miles from the location of the retail outlet1 if such a facility is available4 4 7d7 ,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 cannabinoid product1 after drug12 and 7,b7 in paragraph 7#b7-- 7i7 by striking and 7,h7 ,any punch and inserting 7,h7 ,any punch2 and 7ii7 by inserting before the period at the end the following3 1 and 7,i7 ,any adulterated or misbranded cannabinoid product2 7#b7 in subsection 7d77#a71 by inserting cannabinoid 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 cannabinoid product4 7e7 ,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 cannabinoid products1 after tobacco products1 each place it appears2 7,b7 by striking or tobacco products each place it appears and inserting tobacco products1 or cannabinoid products2 and 7,c7 by striking and tobacco products and inserting tobacco products1 and cannabinoid products2 and 7#b7 in subsection 7b77#a71 by inserting cannabinoid product1 after tobacco product14 7f7 ,publicity ,section #gje7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cge7;b77 is amended by inserting cannabinoid products1 after tobacco products14 7g7 ,presumption ,section #gji of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;a7 is amended by inserting cannabinoid product1 after tobacco product14 7h7 ,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 cannabinoid products1 after tobacco products12 7,b7 by striking or tobacco products each place it appears and inserting 1 tobacco products1 or cannabinoid 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 cannabinoid product1 or4 #ajc4 ,regulation of cannabinoid beverages containing tetrahydrocannabinol ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,agriculture1 the ,commissioner of ,food and ,drugs1 the ,attorney ,general1 and the ,director of the ,alcohol and ,tobacco ,tax and ,trade ,bureau1 acting jointly1 shall publish a report that includes recommendations for a ,federal regulatory framework for cannabinoid beverages that contain tetrahydrocannabinol 7as defined in paragraph 7vv7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba77 that-- 7#a7 is modeled on the ,federal regulatory framework for alcohol2 and 7#b7 delineates responsibilities among the ,department of ,agriculture1 the ,food and ,drug ,administration1 the ,department of ,justice1 and the ,alcohol and ,tobacco ,tax and ,trade ,bureau1 for labeling1 taxation1 manufacturing1 and adulteration standards of cannabinoid beverages that contain tetrahydrocannabinol4 ,,ii ,public health #bja4 ,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 7e71 by striking #dif1jjj1jjj for each of fiscal years #bjai through #bjbc and inserting #eif1jjj1jjj for each of fiscal years #bjbd through #bjbh2 and 7#d7 by adding at the end the following3 7f7 ,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 #bjbd through #bjbh to carry out this section4 4 #bjb4 ,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 use of cannabis4 7b7 ,eligible entities ,to receive an award under this section1 an entity shall be a ,state1 a political subdivision of a ,state1 an ,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 #be1jjj1jjj for each of fiscal years #bjbd through #bjbh to carry out this section4 7g7 ,definitions ,in this section3 7#a7 ,cannabis ,the term cannabis means cannabis or a cannabinoid product 7as such terms are defined in section #bja7tt7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act74 7#b7 ,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 the ,cannabinoid ,safety and ,regulation ,act pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid4 7#c7 ,tribal organization ,the term ,tribal organization means the governing body of an ,indian ,tribe4 7#d7 ,urban ,indian organization ,the term urban ,indian organization has the meaning given such term in section #d of the ,indian ,health ,care ,improvement ,act4 4 ,,iii ,cannabis-impaired driving prevention #cja4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7#b7 ,cannabis ,the term cannabis means-- 7,a7 cannabis 7as defined in paragraph 7tt7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba772 and 7,b7 a cannabinoid product 7as so defined74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#d7 ,,thc ,the term ,,thc means tetrahydrocannabinol 7as defined in paragraph 7vv7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba774 #cjb4 ,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 fluids or through any other test designated by the ,secretary in consultation with the ,secretary of ,health and ,human ,services7 and level of impairment2 7iv7 whether the current ,standard ,field ,sobriety ,test developed by the ,national ,highway ,traffic ,safety ,administration accurately identifies cannabis impairment and impairment due to cannabis and other substance use2 7v7 whether driving behavior changes depending on frequency of cannabis use2 7vi7 whether there are any measurable increased risks associated with using cannabis together with another substance2 7vii7 whether there is a measurable effect of cannabis use by drivers on pedestrian safety2 and 7viii7 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 #cjc4 ,,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 #cjd4 ,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 paragraph 7tt7 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 means tetrahydrocannabinol 7as defined in paragraph 7vv7 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba774 7b7 ,establishment ,not later than #a year after the date of enactment of the ,cannabinoid ,safety and ,regulation ,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 #cjc7;a77#a7 of the ,cannabinoid ,safety and ,regulation ,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 #cjc7;a77#b7 of the ,cannabinoid ,safety and ,regulation ,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 #cjc7;b7 of the ,cannabinoid ,safety and ,regulation ,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 #dj1jjj1jjj for each of fiscal years #bjbd through #bjbh 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 #cje4 ,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 cannabis impairment standard for ,states4 #cjf4 ,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 #bjbd through #bjbi to carry out sections #cjb and #cjc4