Higher Education Marijuana Research Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3829 To streamline the process for institutions of higher education to research marijuana. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2023 Ms. TITUS (for herself and Mr. NEGUSE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Agriculture, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To streamline the process for institutions of higher education to research marijuana. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Higher Education 4 Marijuana Research Act of 2023’’. 5 SEC. 2. MARIJUANA FOR RESEARCH PURPOSES. 6 (a) PRIORITY FACTORS.—Section 303(a) of the Con- 7 trolled Substances Act (21 U.S.C. 823(a)) is amended— 8 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3829 IH (1) in paragraph (5), by striking ‘‘; and’’ and 1 inserting a semicolon; 2 (2) in paragraph (6), by striking the period at 3 the end and inserting ‘‘; and’’; and 4 (3) by adding the following: 5 ‘‘(7) whether the applicant is an institution of 6 higher education or a State or local government enti- 7 ty.’’. 8 (b) REPORT ON CERTAIN LICENSES.— 9 (1) IN GENERAL.—Not later than 180 days 10 after the date of the enactment of this Act, and an- 11 nually thereafter, the Attorney General, acting 12 through the Drug Enforcement Administration, shall 13 submit a report to Committee on the Judiciary of 14 the House of Representatives and the Committee on 15 the Judiciary of the Senate, including— 16 (A) the number of applications for licenses 17 under section 303 of the Controlled Substances 18 Act (21 U.S.C. 823) it has received for the pre- 19 vious year, disaggregated by whether the appli- 20 cant was a private entity, an institution of high- 21 er education, or a State or local government en- 22 tity; 23 (B) the status of each application received 24 in the previous year; and 25 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3829 IH (C) if applicable, the reason an application 1 was denied. 2 (2) NAME WITH CONSENT.—With the consent 3 of the applicant, the Attorney General, acting 4 through the Drug Enforcement Administration, may 5 submit in the report under subparagraph (A) the 6 name of the applicant. 7 (c) OBTAINING MARIJUANA FOR RESEARCH PUR- 8 POSES.— 9 (1) IN GENERAL.—Notwithstanding any provi- 10 sion of the Controlled Substances Act (21 U.S.C. 11 801 et seq.), the Safe and Drug-Free Schools and 12 Communities Act (20 U.S.C. 7101 et seq.), or any 13 other Federal law, an institution of higher education 14 located in a State or on tribal land where marijuana 15 sale or use is lawful may obtain or purchase mari- 16 juana from a State or tribal government marijuana 17 regulatory body or obtain marijuana from a State or 18 tribal law enforcement agency for the purpose of bio- 19 logical, chemical, agricultural, or public health re- 20 search. 21 (2) ADDITIONAL RESEARCH PURPOSES.—Mari- 22 juana obtained by an institution of higher education 23 pursuant to paragraph (1) may be used to study the 24 type of marijuana in a State’s marketplace, public 25 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3829 IH health considerations of marijuana policies in the 1 State, and any potential medical benefits of mari- 2 juana. 3 (3) PROHIBITED RESEARCH PURPOSES.—Mari- 4 juana obtained by an institution of higher education 5 from a State or tribal law enforcement agency shall 6 not be administered to individuals. 7 (d) PARTICIPATION IN RESEARCH.— 8 (1) STUDENT PARTICIPATION.—Notwith- 9 standing any provision of the Controlled Substances 10 Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free 11 Schools and Communities Act (20 U.S.C. 7101 et 12 seq.), or any other Federal law, a covered student or 13 covered researcher shall not be ineligible or lose any 14 Federal student aid or other Federal funding be- 15 cause of participation in covered research, conducted 16 by an institution of higher education in a controlled 17 setting, involving marijuana. 18 (2) INSTITUTION OF HIGHER EDUCATION.— 19 Notwithstanding any provision of the Controlled 20 Substances Act (21 U.S.C. 801 et seq.), the Safe 21 and Drug-Free Schools and Communities Act (20 22 U.S.C. 7101 et seq.), or any other Federal law, an 23 institution of higher education shall not be ineligible 24 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3829 IH or lose any Federal funds as a result of any sponsor- 1 ship of research involving marijuana. 2 (3) IMPACT ON IMMIGRATION STATUS.—The 3 immigration status of a covered student or covered 4 researcher who participates in covered research, con- 5 ducted by an institution of higher education in a 6 controlled setting, involving marijuana shall not be 7 impacted by such participation. 8 (e) DEFINITIONS.—In this section: 9 (1) CONTROLLED SETTING.—The term ‘‘con- 10 trolled setting’’ means a setting for which the re- 11 search being conducted was approved by the institu- 12 tion of higher education’s internal authority for re- 13 viewing research. 14 (2) COVERED STUDENT.—The term ‘‘covered 15 student’’ means an individual enrolled part-time or 16 full-time at an institution of higher education for 17 undergraduate, graduate, or post-graduate study. 18 (3) COVERED RESEARCH.—The term ‘‘covered 19 research’’ includes the administration of any re- 20 search involving marijuana, but does not include a 21 covered student consuming marijuana in any man- 22 ner. 23 (4) COVERED RESEARCHER.—The term ‘‘cov- 24 ered researcher’’ means an individual employed by a 25 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3829 IH institution of higher education to conduct or assist 1 research approved by the institution of higher edu- 2 cation’s internal authority for reviewing research. 3 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 4 shall have the meaning given such term in section 5 4(e) of the Indian Self-Determination and Education 6 Assistance Act (25 U.S.C. 5304(e)). 7 (6) STATE OR TRIBAL GOVERNMENT MARI- 8 JUANA REGULATORY BODY.—The term ‘‘State or 9 tribal government marijuana regulatory body’’ 10 means the entity approved by State or tribal law 11 with overseeing marijuana licensing in such State or 12 Indian tribe. 13 (7) STATE OR TRIBAL LAW ENFORCEMENT 14 AGENCY.—The term ‘‘State or tribal law enforce- 15 ment agency’’ means an entity authorized by State 16 or tribal law to enforce the laws within their juris- 17 diction. 18 SEC. 3. DRUG ENFORCEMENT ADMINISTRATION LICENSE 19 PROCESS TO STUDY MARIJUANA. 20 Not later than 90 days after the date of the enact- 21 ment of this Act, the Administrator of the Drug Enforce- 22 ment Administration shall establish an Office of Univer- 23 sity Relations to— 24 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3829 IH (1) provide technical assistance to a researcher 1 or institution of higher education seeking to register 2 for the manufacture, distribution, or dispensation of 3 a controlled substance under part C of title II of the 4 Controlled Substances Act (21 U.S.C. 821 et seq.); 5 and 6 (2) develop any technology necessary to provide 7 the opportunity for a researcher or institution of 8 higher education to amend an application prior to 9 submission. 10 SEC. 4. INSTITUTION OF HIGHER EDUCATION PARTNER- 11 SHIP. 12 (a) INSTITUTION OF HIGHER EDUCATION PARTNER- 13 SHIP.— 14 (1) ESTABLISHMENT.—Not later than 180 days 15 after the date of the enactment of this Act, the Di- 16 rector of the National Institutes of Health shall es- 17 tablish working group to produce recommendations 18 on how to simplify and streamline the registration 19 process for studying marijuana at institutions of 20 higher education. 21 (2) PARTICIPANTS.—The working group estab- 22 lished in paragraph (1) shall include: 23 (A) 2 appointees from the National Insti- 24 tutes of Health. 25 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3829 IH (B) 2 appointees from the Food and Drug 1 Administration. 2 (C) 2 appointees from the Drug Enforce- 3 ment Administration. 4 (D) 2 appointees from two different insti- 5 tution of higher education, appointed by the in- 6 dividuals under subparagraphs (A), (B), and 7 (C) based on their prior study of marijuana. 8 (3) RESPONSIBILITIES.—Not later than one 9 year after the date of the enactment of this Act, the 10 working group established under paragraph (1) shall 11 submit a report to the Committee on Education and 12 the Workforce, Committee on Energy and Com- 13 merce, and the Committee on the Judiciary of the 14 House of Representatives and the Committee on 15 Health, Education, Labor, and Pensions and the 16 Committee on the Judiciary of the Senate includ- 17 ing— 18 (A) a summary of the status of marijuana 19 research at institutions of higher education in 20 the United States; and 21 (B) a list of recommendations to improve 22 the academic study of marijuana. 23 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3829 IH SEC. 5. GRANT PROGRAM FOR UNIVERSITIES TO STUDY 1 MARIJUANA. 2 (a) ESTABLISHMENT.—Not later than 90 days after 3 the date of the enactment of this Act, the Director of the 4 National Institutes of Health shall establish a program (in 5 this section referred to as the ‘‘Program’’) within the Na- 6 tional Institute of Drug Abuse to study marijuana for po- 7 tential medical benefits. 8 (b) GRANT AUTHORITY.—In carrying out the Pro- 9 gram, the Director may award a grant on a competitive 10 basis in accordance with this section. 11 (c) ELIGIBLE RECIPIENTS.—The Director may 12 award a grant under the Program to an institution of 13 higher education determined by the Director to have the 14 authority and capability to carry out a project described 15 in subsection (d). 16 (d) ELIGIBLE PROJECTS.—Grant funds awarded 17 under the Program may only be used to study marijuana 18 for medical or public health purposes. 19 (e) APPLICATIONS.—To be eligible for a grant under 20 the Program, an eligible recipient shall submit to the Di- 21 rector an application in such form, at such time, and con- 22 taining such information as the Director determines to be 23 appropriate. 24 (f) PRIORITY.—In making a grant under the Pro- 25 gram, the Director shall give priority to an institution of 26 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3829 IH higher education in a State or tribal land where use of 1 marijuana for recreational or medical use is legal, account- 2 ing for geographic diversity and whether the institution 3 of higher education is a minority institution. 4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated to the Director to carry out 6 this section, $15,000,000 for each of the fiscal years 2023 7 to 2027. 8 SEC. 6. GRANT PROGRAM FOR UNIVERSITIES TO STUDY 9 MARIJUANA FOR AGRICULTURE PURPOSES. 10 (a) ESTABLISHMENT.—Not later than 90 days after 11 the date of the enactment of this Act, the Secretary of 12 Agriculture shall establish a program (in this section re- 13 ferred to as the ‘‘Program’’) to study marijuana for agri- 14 culture purposes, including conservation and growth tech- 15 niques, impacts on other crops, and the impact of different 16 strains of marijuana on other crops. 17 (b) GRANT AUTHORITY.—In carrying out the Pro- 18 gram, the Secretary may award a grant on a competitive 19 basis in accordance with this section. 20 (c) ELIGIBLE RECIPIENTS.—The Secretary may 21 award a grant under the Program to an institution of 22 higher education determined by the Secretary to have the 23 authority and capability to carry out a project described 24 in subsection (d). 25 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3829 IH (d) ELIGIBLE PROJECTS.—Grant funds awarded 1 under the Program may only be used to study marijuana 2 for agriculture purposes. 3 (e) APPLICATIONS.—To be eligible for a grant under 4 the Program, an eligible recipient shall submit to the Sec- 5 retary an application in such form, at such time, and con- 6 taining such information as the Secretary determines to 7 be appropriate. 8 (f) PRIORITY.—In making a grant under the Pro- 9 gram, the Secretary shall give priority to an institution 10 of higher education in a State or tribal land where use 11 of marijuana for recreational or medical use is legal, ac- 12 counting for geographic diversity and whether the institu- 13 tion of higher education is a minority institution. 14 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to the Secretary to carry 16 out this section, $15,000,000 for each of the fiscal years 17 2023 to 2027. 18 SEC. 7. ARTICLE 28 OF SINGLE CONVENTION ON NARCOTIC 19 DRUGS. 20 Article 28 of the Single Convention on Narcotic 21 Drugs shall not be construed to prohibit, or impose addi- 22 tional restrictions upon, research involving marijuana, or 23 the manufacture, distribution, or dispensing of marijuana, 24 that is conducted in accordance with the Controlled Sub- 25 VerDate Sep 11 2014 05:11 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3829 IH stances Act (21 U.S.C. 801 et seq.), this Act, and the 1 amendments made by this Act. 2 SEC. 8. DEFINITIONS. 3 In this Act: 4 (1) INSTITUTION OF HIGHER EDUCATION.—The 5 term ‘‘institution of higher education’’ shall have the 6 meaning given such term in section 101 of the High- 7 er Education Act of 1965 (20 U.S.C. 1001). 8 (2) MINORITY INSTITUTION.—The term [Text truncated for display. Full text available on Congress.gov.]