Marijuana Data Collection Act

I 116TH CONGRESS 1ST SESSION H. R. 1587 To direct the Secretary of Health and Human Services to enter into a 10-year arrangement with the National Academy of Sciences to conduct and update biennially a study on the effects of State legalized marijuana programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 7, 2019 Ms. GABBARD (for herself, Mr. YOUNG, Mr. BLUMENAUER, Mr. SOTO, Ms. NORTON, Ms. TITUS, Ms. SCHAKOWSKY, Mr. COHEN, Mr. CARBAJAL, Mr. CRIST, Mr. GAETZ, Ms. LEE of California, Ms. DELBENE, Ms. MCCOL- LUM, Mr. DEFAZIO, Mr. MOULTON, Mr. RASKIN, Mr. POCAN, Ms. OCASIO-CORTEZ, Mr. SEAN PATRICK MALONEY of New York, Mr. KHANNA, Mr. CORREA, Mr. PERLMUTTER, and Ms. DEGETTE) intro- duced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Health and Human Services to enter into a 10-year arrangement with the National Academy of Sciences to conduct and update biennially a study on the effects of State legalized marijuana pro- grams, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1587 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Marijuana Data Col- 2 lection Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) Nearly two-thirds of Americans—about 68 6 percent—favor marijuana legalization. 7 (2) A total of 33 States, the District of Colum- 8 bia, Puerto Rico, and Guam have legalized mari- 9 juana for medicinal use, and of those, 10 States and 10 the District of Columbia have legalized marijuana 11 for adult non-medicinal use. 12 (3) Despite State legalization, marijuana re- 13 mains illegal under Federal law, listed in schedule I 14 under the Controlled Substances Act. 15 (4) Every day, more Americans die from over- 16 dosing on opioids. In 2016, the Centers for Disease 17 Control and Prevention estimated that more than 18 42,000 Americans died from opioid-related drug 19 overdoses. President Trump has, on two separate oc- 20 casions, declared the opioid crisis as a public health 21 emergency. 22 (5) Studies suggest that increased access to 23 marijuana is associated with reductions in opioid 24 abuse and opioid-related deaths, among other eco- 25 nomic and social benefits: 26 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1587 IH (A) A study published in the Journal of 1 the American Medical Association (JAMA) in 2 2014 that compared mortality rates between 3 States that legalized medical marijuana versus 4 States that have not legalized medical mari- 5 juana found that States that had legalized med- 6 ical marijuana had, on average, 20 percent 7 fewer opioid-related overdose deaths in the first 8 year of legalization compared to States that had 9 not legalized marijuana. This difference wid- 10 ened in subsequent years after legalization. 11 (B) A study published in the American 12 Journal of Public Health in 2017 found that 13 opioid-related deaths tended to decline after the 14 legalization of non-medicinal marijuana for 15 adults in the State of Colorado. This study esti- 16 mated a 6.5-percent reduction in opioid-related 17 deaths compared to pre-legalization. 18 (6) Due to marijuana legalization, States have 19 generated millions in taxes and revenue and have al- 20 located these funds into public health, education, 21 economic development, restorative justice, and job 22 creation, such as— 23 (A) substance use disorder treatment and 24 drug use prevention programs; 25 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1587 IH (B) school construction; 1 (C) behavioral health programs; 2 (D) State alcohol and drug treatments 3 funds; 4 (E) basic health plans; 5 (F) community residential centers; 6 (G) youth drug use prevention; 7 (H) jail diversion; 8 (I) mental health treatment; and 9 (J) job creation and placement. 10 (7) A robust and properly regulated marijuana 11 industry wherein States are allowed to operate mari- 12 juana programs free from Federal interference 13 stands to benefit States’ public health, education, 14 economic, and law enforcement and judicial sectors. 15 SEC. 3. REPORT CONCERNING THE EFFECTS OF STATE LE- 16 GALIZED MARIJUANA PROGRAMS. 17 (a) IN GENERAL.—The Secretary of Health and 18 Human Services, in coordination with the Department of 19 Justice, the Department of Labor, and (to the greatest 20 extent possible) with relevant State agencies responsible 21 for health programs and activities in States that have le- 22 galized marijuana for medicinal or non-medicinal use, 23 shall enter into a 10-year arrangement with the National 24 Academy of Sciences— 25 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1587 IH (1) to complete a study, not later than 18 1 months after the date of enactment of this Act, and 2 to update such study on a biennial basis thereafter 3 for the duration of the arrangement period, on the 4 effects of State legalized marijuana programs on the 5 economy, public health, criminal justice, and employ- 6 ment in the respective States; 7 (2) upon the completion of the initial study pur- 8 suant to paragraph (1) and upon each update to the 9 study, to prepare or update a report on the results 10 of such study and submit such report to the Con- 11 gress; and 12 (3) not later than 30 days after the date of sub- 13 mission of the initial report under paragraph (2), 14 develop and publish best practices on data collection 15 under subsection (e). 16 (b) STUDY CONSIDERATIONS.—The study pursuant 17 to subsection (a)(1) shall consider the effects of State le- 18 galized marijuana programs, including yearly rates and 19 trends over the course of the study under such subsection, 20 with respect to the following: 21 (1) REVENUES AND STATE ALLOCATIONS.— 22 (A) The monetary amounts generated 23 through revenues, taxes, and any other financial 24 benefits. 25 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1587 IH (B) The purposes and relative amounts for 1 which these funds were used. 2 (C) The total impact on the State and its 3 budget. 4 (2) MEDICINAL USE OF MARIJUANA.— 5 (A) The rates of medicinal use among dif- 6 ferent population groups, including children, the 7 elderly, veterans, and individuals with disabil- 8 ities. 9 (B) The purpose of such use. 10 (C) Which medical conditions medical 11 marijuana is most frequently purchased and 12 used for. 13 (3) SUBSTANCE USE.— 14 (A) The rates of overdoses with opioids 15 and other painkillers. 16 (B) The rates of admission in health care 17 facilities, emergency rooms, and volunteer treat- 18 ment facilities related to overdoses with opioids 19 and other painkillers. 20 (C) The rates of opioid-related and other 21 painkiller-related crimes to one’s self and to the 22 community. 23 (D) The rates of opioid prescriptions and 24 other pain killers. 25 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1587 IH (4) IMPACTS ON CRIMINAL JUSTICE.— 1 (A) The rates of marijuana-related arrests 2 for possession, cultivation, and distribution, and 3 of these arrests, the percentages that involved a 4 secondary charge unrelated to marijuana pos- 5 session, cultivation, or distribution, including— 6 (i) the rates of such arrests on the 7 Federal level, including the number of 8 Federal prisoners so arrested, disaggre- 9 gated by sex, age, race, and ethnicity of 10 the prisoners; and 11 (ii) the rates of such arrests on the 12 State level, including the number of State 13 prisoners so arrested, disaggregated by 14 sex, age, race, and ethnicity. 15 (B) The rates of arrests and citations on 16 the Federal and State levels related to teenage 17 use of marijuana. 18 (C) The rates of arrests on the Federal 19 and State levels for unlawful driving under the 20 influence of a substance, and the rates of such 21 arrests involving marijuana. 22 (D) The rates of marijuana-related pros- 23 ecutions, court filings, and imprisonments. 24 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1587 IH (E) The total monetary amounts expended 1 for marijuana-related enforcement, arrests, 2 court filings and proceedings, and imprisonment 3 before and after legalization, including Federal 4 expenditures disaggregated according to wheth- 5 er the laws being enforced were Federal or 6 State. 7 (F) The total number and rate of defend- 8 ants in Federal criminal prosecutions asserting 9 as a defense that their conduct was in compli- 10 ance with applicable State law legalizing mari- 11 juana usage, and the effects of such assertions. 12 (5) EMPLOYMENT.— 13 (A) The amount of jobs created in each 14 State, differentiating between direct and indi- 15 rect employment. 16 (B) The amount of jobs expected to be cre- 17 ated in the next 5 years, and in the next 10 18 years, as a result of the State’s marijuana in- 19 dustry. 20 (c) STUDY TIMEFRAME.—The study pursuant to sub- 21 section (a)(1) shall consider the data collected and ana- 22 lyzed in connection with the items listed in subsection (b) 23 in the respective States to the extent possible across the 24 period— 25 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1587 IH (1) beginning 5 years before the effective date 1 of legalization of marijuana in the State; and 2 (2) ending on a date determined by the Na- 3 tional Academy of Sciences to allow collection and 4 analysis of the most recent data available. 5 (d) REPORT CONTENTS.—Reports pursuant to sub- 6 section (a)(2) shall— 7 (1) address both State programs that have le- 8 galized marijuana for medicinal use and those that 9 have legalized marijuana for adult non-medicinal use 10 and to the extent practicable distinguish between 11 such programs and their effects; 12 (2) include a national assessment of average 13 trends across States with such programs in relation 14 to the effects on economy, public health, criminal 15 justice, and employment in the respective States, in- 16 cluding with respect to the items listed in subsection 17 (b); and 18 (3) describe— 19 (A) any barriers that impeded the ability 20 to complete or update aspects of the study re- 21 quired by subsection (a)(1) and how such bar- 22 riers can be overcome for purposes of future 23 studies; and 24 VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1587 IH (B) any gaps in the data sought for the 1 study required by subsection (a)(1) and how 2 these gaps can be eliminated or otherwise ad- 3 dressed for purposes of future studies. 4 (e) BEST PRACTICES FOR DATA COLLECTION BY 5 STATES.—The best practices pursuant to subsection 6 (a)(3) shall consist of best practices for the collection by 7 States of the information described in the items listed in 8 subsection (b), including such best practices for improv- 9 ing— 10 (1) data collection; 11 (2) analytical capacity; 12 (3) research integrity; and 13 (4) the comparability of data across States. 14 Æ VerDate Sep 11 2014 00:55 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H1587.IH H1587 pbinns on DSK79D2C42PROD with BILLS