II 

116TH CONGRESS 

1ST SESSION S. 421 

To amend the Controlled Substances Act to reduce the gap between Federal 

and State marijuana policy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Controlled Substances Act to reduce the gap 

between Federal and State marijuana policy, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Responsibly Addressing the Marijuana Policy Gap Act of 

6 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—FEDERALISM IN MARIJUANA POLICY 

Sec. 101. Elimination of criminal penalties for certain persons complying with 

State law. 

TITLE II—REMOVING BUSINESS AND BANKING BARRIERS 

Sec. 201. Allowance of deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with 

State law. 

Sec. 202. Marijuana print advertising. 

Sec. 203. Safe harbor for marijuana broadcast advertising. 

Sec. 204. Access to banking. 

Sec. 205. Requirements for filing suspicious activity reports. 

Sec. 206. Bankruptcy protection. 

Sec. 207. Tribal marijuana sovereignty. 

TITLE III—INDIVIDUAL PROTECTIONS 

Sec. 301. Expungement of criminal records for certain marijuana-related offenses. 

Sec. 302. Limit on drug testing for applicants for Federal employment. 

Sec. 303. Fair access to education. 

Sec. 304. Civil forfeiture exemption for marijuana facilities authorized by State 

law. 

Sec. 305. Prohibition on inadmissibility or deportation of aliens who comply 

with State law. 

Sec. 306. Drug-related criminal activity in federally assisted housing. 

TITLE IV—MEDICAL MARIJUANA RESEARCH AND ACCESS 

Sec. 401. Medical Marijuana Research Act. 

Sec. 402. Provision by health care providers of the Department of Veterans Affairs of recommendations and opinions regarding veteran participation in State marijuana programs. 

Sec. 403. Provision by medical professionals of the Indian Health Service of 

recommendations and opinions regarding participation in State 

marijuana programs. 

1 SEC. 2. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘depository institution’’ means— 

4 (A) a depository institution as defined in 

5 section 3(c) of the Federal Deposit Insurance 

6 Act (12 U.S.C. 1813(c)); 


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1 (B) a Federal credit union as defined in 

2 section 101 of the Federal Credit Union Act 

3 (12 U.S.C. 1752); or 

4 (C) a State credit union as defined in sec5 tion 101 of the Federal Credit Union Act (12 

6 U.S.C. 1752); 

7 (2) the term ‘‘Indian country’’ has the meaning 

8 given the term in section 1151 of title 18, United 

9 States Code; 

10 (3) the term ‘‘Indian tribe’’ has the meaning 

11 given the term in section 4 of the Indian Self-Deter12 mination and Education Assistance Act (25 U.S.C. 

13 5304); 

14 (4) the term ‘‘marijuana’’ has the meaning 

15 given the term in section 102 of the Controlled Sub16 stances Act (21 U.S.C. 802), as amended by section 

17 401(d) of this Act; 

18 (5) the term ‘‘marijuana derivative’’ means any 

19 marijuana product that is not a naturally grown and 

20 unadulterated marijuana flower product; 

21 (6) the term ‘‘marijuana product’’ means any 

22 article that contains marijuana or any marijuana de23 rivative; 


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1 (7) the term ‘‘marijuana-related business’’ 

2 means a manufacturer, producer, or any person 

3 that— 

4 (A) participates in any business or orga5 nized activity that involves handling marijuana 

6 or marijuana products, including selling, trans7 porting, displaying, dispensing, or distributing 

8 marijuana or marijuana products; and 

9 (B) engages in such activity pursuant to a 

10 law established by a State, a unit of local gov11 ernment, or an Indian tribe that has jurisdic12 tion over the Indian country in which the activ13 ity occurs; and 

14 (8) the term ‘‘State’’ means each of the several 

15 States, the District of Columbia, Puerto Rico, and 

16 any territory or possession of the United States. 

17 TITLE I—FEDERALISM IN 

18 MARIJUANA POLICY 

19 SEC. 101. ELIMINATION OF CRIMINAL PENALTIES FOR CER20 TAIN PERSONS COMPLYING WITH STATE 

21 LAW. 

22 Section 708 of the Controlled Substances Act (21 

23 U.S.C. 903) is amended— 

24 (1) by striking ‘‘No provision’’ and inserting 

25 the following: 


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1 ‘‘(a) IN GENERAL.—Except as provided in subsection 

2 (b), no provision’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) COMPLIANCE WITH STATE LAW.—Notwith5 standing any other provision of law, the provisions of this 

6 title relating to marihuana shall not apply to any person 

7 acting in compliance with State law or the law of the In8 dian tribe that has jurisdiction over the Indian country, 

9 as defined in section 1151 of title 18, United States Code, 

10 where the conduct occurs relating to— 

11 ‘‘(1) the production, possession, distribution, 

12 dispensation, administration, laboratory testing, or 

13 delivery of marihuana; or 

14 ‘‘(2) the provision of ancillary services related 

15 to the activities described in paragraph (1), such as 

16 legal representation, payment processing, adver17 tising, security services, scientific and safety testing, 

18 or property leasing.’’. 


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1 TITLE II—REMOVING BUSINESS 

2 AND BANKING BARRIERS 

3 SEC. 201. ALLOWANCE OF DEDUCTIONS AND CREDITS RE4 LATING TO EXPENDITURES IN CONNECTION 

5 WITH MARIJUANA SALES CONDUCTED IN 

6 COMPLIANCE WITH STATE LAW. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Small Business Tax Equity Act of 2019’’. 

9 (b) ALLOWANCE.—Section 280E of the Internal Rev10 enue Code of 1986 is amended by inserting before the pe11 riod at the end the following: ‘‘, unless such trade or busi12 ness consists of marijuana sales conducted in compliance 

13 with State law or the law of the Indian tribe, as defined 

14 in section 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 5304), that has jurisdic16 tion over the Indian country, as defined in section 1151 

17 of title 18, where the trade or business is conducted’’. 

18 (c) EFFECTIVE DATE.—The amendment made by 

19 this section shall apply with respect to taxable years end20 ing after the date of the enactment of this Act. 

21 SEC. 202. MARIJUANA PRINT ADVERTISING. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Marijuana Advertising In Legal States Act’’ or the 

24 ‘‘MAILS Act’’. 


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1 (b) MARIJUANA PRINT ADVERTISING.—Section 

2 403(c)(1) of the Controlled Substances Act (21 U.S.C. 

3 843(c)(1)) is amended by adding at the end the following: 

4 ‘‘This paragraph does not apply to an advertisement to 

5 the extent that the advertisement relates to an activity, 

6 involving marihuana, that is in compliance with the law 

7 of the State or the law of the Indian tribe, as defined in 

8 section 4 of the Indian Self-Determination and Education 

9 Assistance Act (25 U.S.C. 5304), that has jurisdiction 

10 over the Indian country, as defined in section 1151 of title 

11 18, United States Code, in which that activity takes 

12 place.’’. 

13 SEC. 203. SAFE HARBOR FOR MARIJUANA BROADCAST AD14 VERTISING. 

15 (a) COMMUNICATIONS ACT OF 1934.—Section 309 of 

16 the Communications Act of 1934 (47 U.S.C. 309) is 

17 amended by adding at the end the following: 

18 ‘‘(m) SAFE HARBOR FOR MARIJUANA BROADCAST

19 ADVERTISING.— 

20 ‘‘(1) DEFINITIONS.—In this subsection— 

21 ‘‘(A) the term ‘covered activity’ means the 

22 production, possession, sale, distribution, dis23 pensation, administration, processing, or labora24 tory testing of marijuana; 


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1 ‘‘(B) the term ‘Indian country’ has the 

2 meaning given the term in section 1151 of title 

3 18, United States Code; 

4 ‘‘(C) the term ‘Indian tribe’ has the mean5 ing given the term in section 4 of the Indian 

6 Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304); 

8 ‘‘(D) the term ‘marijuana’ has the mean9 ing given the term in section 102 of the Con10 trolled Substances Act (21 U.S.C. 802); and 

11 ‘‘(E) the term ‘media of mass communica12 tions’ has the meaning given the term in sub13 section (i)(3)(C). 

14 ‘‘(2) SAFE HARBOR.—In determining whether 

15 to grant an application for a license or permit (in16 cluding for the renewal of a license or permit) under 

17 this section, the Commission shall not consider the 

18 broadcast by any medium of mass communications 

19 of any advertising or other information pertaining to 

20 any aspect of a covered activity to be contrary to the 

21 public interest, convenience, and necessity, if the 

22 covered activity, and the advertising thereof, does 

23 not violate the law of— 

24 ‘‘(A) the State, or the Indian tribe that 

25 has jurisdiction over the Indian country, in 


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1 which the transmission point of the subject me2 dium of mass communications is located; or 

3 ‘‘(B) with respect to a radio or television 

4 station, the State, or the Indian tribe that has 

5 jurisdiction over the Indian country, in which 

6 the station’s community of license is or is pro7 posed to be located.’’. 

8 (b) CONTROLLED SUBSTANCES ACT.—Section 708 of 

9 the Controlled Substances Act (21 U.S.C. 903), as amend10 ed by section 101, is amended— 

11 (1) in subsection (a), by striking ‘‘subsection 

12 (b)’’ and inserting ‘‘subsections (b) and (c)’’; 

13 (2) in subsection (b), by striking ‘‘Notwith14 standing’’ and inserting ‘‘Subject to subsection (c) 

15 and notwithstanding’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(c) COMPLIANCE WITH STATE OR TRIBAL LAW RE18 LATING TO MARIJUANA BROADCAST ADVERTISING.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) and notwithstanding any other provision 

21 of law, the provisions of this title relating to mari22 juana shall not apply to the broadcast by any me23 dium of mass communications of any advertising or 

24 other information pertaining to any aspect of a covVerDate Sep 11 2014 21:34 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S421.IS S421

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1 ered activity if the covered activity, and the adver2 tising thereof, does not violate the law of— 

3 ‘‘(A) the State, or the Indian tribe that 

4 has jurisdiction over the Indian country, in 

5 which the transmission point of the subject me6 dium of mass communications is located; or 

7 ‘‘(B) with respect to a radio or television 

8 station, the State, or the Indian tribe that has 

9 jurisdiction over the Indian country, in which 

10 the station’s community of license is located. 

11 ‘‘(2) BROADCASTS CALCULATED TO INDUCE

12 TRAVEL FROM NON-LEGAL JURISDICTIONS.—Para13 graph (1) shall not apply to the broadcast by any 

14 medium of mass communications of any advertising 

15 or other information pertaining to any aspect of a 

16 covered activity that is calculated to induce residents 

17 of a non-legal jurisdiction to travel to another State 

18 or other area of Indian country to purchase mari19 juana. 

20 ‘‘(d) DEFINITIONS.—For purposes of this section— 

21 ‘‘(1) the term ‘covered activity’ means the pro22 duction, possession, sale, distribution, dispensation, 

23 administration, processing, or laboratory testing of 

24 marijuana; 


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1 ‘‘(2) the term ‘Indian country’ has the meaning 

2 given the term in section 1151 of title 18, United 

3 States Code; 

4 ‘‘(3) the term ‘Indian tribe’ has the meaning 

5 given the term in section 4 of the Indian Self-Deter6 mination and Education Assistance Act (25 U.S.C. 

7 5304); 

8 ‘‘(4) the term ‘media of mass communications’ 

9 has the meaning given the term in section 

10 309(i)(3)(C) of the Communications Act of 1934 (47 

11 U.S.C. 309(i)(3)(C)); and 

12 ‘‘(5) the term ‘non-legal jurisdiction’ means— 

13 ‘‘(A) a State in which the purchase of 

14 marijuana is prohibited under State law; or 

15 ‘‘(B) Indian country in which the purchase 

16 of marijuana is prohibited under the law of the 

17 Indian tribe that has jurisdiction over the In18 dian country.’’. 

19 SEC. 204. ACCESS TO BANKING. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘Federal banking regulator’’ 

22 means each of the Board of Governors of the Fed23 eral Reserve System, the Bureau of Consumer Fi24 nancial Protection, the Federal Deposit Insurance 

25 Corporation, the Office of the Comptroller of the 


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1 Currency, the National Credit Union Administra2 tion, or any Federal agency or department that reg3 ulates banking or financial services, as determined 

4 by the Secretary of the Treasury; 

5 (2) the term ‘‘financial service’’ means a finan6 cial product or service as defined in section 1002 of 

7 the Dodd-Frank Wall Street Reform and Consumer 

8 Protection Act (12 U.S.C. 5481); 

9 (3) the term ‘‘manufacturer’’ means a person 

10 who manufactures, compounds, converts, processes, 

11 prepares, or packages marijuana or marijuana prod12 ucts; and 

13 (4) the term ‘‘producer’’ means a person who 

14 plants, cultivates, harvests, or in any way facilitates 

15 the natural growth of marijuana. 

16 (b) SAFE HARBOR FOR DEPOSITORY INSTITU17 TIONS.—A Federal banking regulator may not— 

18 (1) terminate or limit the deposit insurance of 

19 a depository institution under the Federal Deposit 

20 Insurance Act (12 U.S.C. 1811 et seq.) or the Fed21 eral Credit Union Act (12 U.S.C. 1751 et seq.) sole22 ly because the depository institution provides or has 

23 provided financial services to a marijuana-related 

24 business; 


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1 (2) prohibit, penalize, or otherwise discourage a 

2 depository institution from providing financial serv3 ices to a marijuana-related business; 

4 (3) recommend, incentivize, or encourage a de5 pository institution not to offer financial services to 

6 a person, or to downgrade or cancel the financial 

7 services offered to a person solely because— 

8 (A) the person is a manufacturer or pro9 ducer of marijuana; 

10 (B) the person is the owner, operator, or 

11 an employee of a marijuana-related business; 

12 (C) the person later becomes an owner, op13 erator, or employee of a marijuana-related busi14 ness; or 

15 (D) the depository institution was not 

16 aware that the person is the owner, operator, or 

17 an employee of a marijuana-related business; or 

18 (4) take any adverse or corrective supervisory 

19 action on a loan to an owner, operator, or employee 

20 of— 

21 (A) a marijuana-related business solely be22 cause the owner, operator, or employee is an 

23 owner, operator, or employee of a marijuana-re24 lated business; or 


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1 (B) real estate or equipment that is leased 

2 to a marijuana-related business solely because 

3 the owner or operator of the real estate or 

4 equipment leased the real estate or equipment 

5 to a marijuana-related business. 

6 (c) PROHIBITION ON DENYING MASTER ACCOUNTS

7 TO DEPOSITORY INSTITUTIONS BECAUSE OF MARIJUANA8 RELATED FUNDS.—Notwithstanding any other provision 

9 of law, the Board of Governors of the Federal Reserve 

10 System may not deny a master account to a depository 

11 institution solely on the basis that the depository institu12 tion accepts deposits of funds from marijuana-related 

13 businesses. 

14 (d) PROTECTIONS UNDER FEDERAL LAW.— 

15 (1) INVESTIGATION AND PROSECUTION.—A de16 pository institution that provides financial services 

17 to a marijuana-related business, or the officers, di18 rectors, and employees of that business, shall be im19 mune from Federal criminal prosecution or inves20 tigation for providing those services. 

21 (2) FEDERAL CRIMINAL LAW.—A depository in22 stitution that provides financial services to a mari23 juana-related business, or the officers, directors, and 

24 employees of that business, shall not be subject to 

25 a criminal penalty under any Federal law solely for 


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1 providing those services or for further investing any 

2 income derived from such services. 

3 (3) FORFEITURE.—A depository institution 

4 that has a legal interest in the collateral for a loan 

5 made to an owner, operator, or employee of a mari6 juana-related business, or to an owner or operator of 

7 real estate or equipment that is leased to a mari8 juana-related business, shall not be subject to crimi9 nal, civil, or administrative forfeiture of that legal 

10 interest pursuant to any Federal law for providing 

11 such loan. 

12 (e) RULE OF CONSTRUCTION.—Nothing in this sec13 tion requires a depository institution to provide financial 

14 services to a marijuana-related business. 

15 SEC. 205. REQUIREMENTS FOR FILING SUSPICIOUS ACTIV16 ITY REPORTS. 

17 (a) DEFINITION.—In this section, the term ‘‘deposit 

18 account records’’— 

19 (1) means account ledgers, signature cards, cer20 tificates of deposit, passbooks, corporate resolutions 

21 authorizing accounts in the possession of the deposi22 tory institution, and other books and records of the 

23 depository institution, including records maintained 

24 by computer, which relate to the depository institu25 tion’s deposit taking function; and 


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1 (2) does not include account statements, deposit 

2 slips, items deposited, or cancelled checks. 

3 (b) SUSPICIOUS ACTIVITY REPORTS.— 

4 (1) IN GENERAL.—A depository institution or 

5 any director, officer, employee, or agent of a deposi6 tory institution shall not be required to report a sus7 picious transaction as prescribed by the guidance 

8 issued by the Financial Crimes Enforcement Net9 work titled ‘‘BSA Expectations Regarding Mari10 juana-Related Businesses’’ (FIN–2014–G001; pub11 lished on February 14, 2014) or section 

12 21.11(c)(4)(1) of title 12, Code of Federal Regula13 tions, if— 

14 (A) the depository institution reasonably 

15 believes, based on customer due diligence, that 

16 the marijuana-related businesses to which it is 

17 providing financial services does not implicate 

18 one of the priorities outlined in the document 

19 entitled ‘‘Memorandum for All United States 

20 Attorneys: Guidance Regarding Marijuana En21 forcement’’ issued by James M. Cole on August 

22 29, 2013, nor violate the laws of the State in 

23 which marijuana-related business operates; and 

24 (B) the deposit account records of the de25 pository institution— 


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1 (i) include— 

2 (I) identifying information of the 

3 account holder and related parties; 

4 and 

5 (II) addresses of the account 

6 holder and related parties; and 

7 (ii) state that— 

8 (I) the account holder is engaged 

9 in a marijuana-related business; and 

10 (II) no additional suspicious ac11 tivity has been identified. 

12 (2) SAFE HARBOR.—A depository institution or 

13 any director, officer, employee, or agent of a deposi14 tory institution that reports a suspicious transaction 

15 relating to a marijuana-related business shall be 

16 considered to have met the requirements of the guid17 ance described in paragraph (1). 

18 SEC. 206. BANKRUPTCY PROTECTION. 

19 Notwithstanding any other provision of law, a mari20 juana-related business shall be entitled to— 

21 (1) relief under chapter 7, 11, or 13 of title 11, 

22 United States Code; and 

23 (2) convert a case in accordance with section 

24 706, 1112, or 1307 of title 11, United States Code, 

25 as applicable. 


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1 SEC. 207. TRIBAL MARIJUANA SOVEREIGNTY. 

2 (a) IN GENERAL.—The fact that an Indian tribe, a 

3 member of an Indian tribe, or a tribal entity is producing, 

4 purchasing, or in possession of marijuana in compliance 

5 with the law of the Indian tribe that has jurisdiction over 

6 the Indian country, as defined in section 1151 of title 18, 

7 United States Code, where the conduct occurs shall not 

8 be considered when— 

9 (1) allocating or distributing Federal funds or 

10 other Federal benefits to the Indian tribe, a member 

11 of an Indian tribe, or the tribal entity; 

12 (2) determining the eligibility of the Indian 

13 tribe or the tribal entity for any contract, grant, or 

14 other agreement with the United States, or the re15 newal or modification thereof, where the legal pro16 duction, purchase, or possession of marijuana by the 

17 Indian tribe or a member of an Indian tribe would 

18 otherwise disqualify the Indian tribe from eligibility; 

19 (3) evaluating the ongoing compliance of the 

20 Indian tribe or the tribal entity with any contract, 

21 grant, or other agreement with the United States 

22 where the legal production, purchase, or possession 

23 of marijuana by the Indian tribe or a member of an 

24 Indian tribe would otherwise result in the Indian 

25 tribe or tribal entity being out of compliance; and 


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1 (4) determining if the Indian tribe or a member 

2 of an Indian tribe is eligible for Federal benefits for 

3 which the Indian tribe or a member of an Indian 

4 tribe would otherwise be eligible. 

5 (b) CLARIFICATION.—This subsection shall not pro6 hibit consideration of income from the legal production, 

7 purchase, or possession of marijuana to the same extent 

8 that the other legal income would be considered when allo9 cating or distributing Federal funds or determining eligi10 bility for Federal benefits. 

11 (c) DEFINITIONS.—For purposes of this subsection: 

12 (1) TRIBAL ENTITY.—The term ‘‘tribal entity’’ 

13 means— 

14 (A) tribal organizations as defined in sec15 tion 4(l) of the Indian Self-Determination and 

16 Education Assistance Act of 1975 (25 U.S.C. 

17 5304(l)); 

18 (B) tribally designated housing entities as 

19 defined in section 4(22) of the Native American 

20 Housing Assistance and Self-Determination Act 

21 of 1996 (25 U.S.C. 4103(22)); or 

22 (C) Indian-owned businesses and tribal en23 terprises as defined in paragraphs (5) and (8) 

24 of section 3 of the Native American Business 


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1 Development, Trade Promotion, and Tourism 

2 Act of 2000 (25 U.S.C. 4302). 

3 (2) LEGALLY AUTHORIZED.—The term ‘‘legally 

4 authorized’’ means permitted under the laws of— 

5 (A) the United States; 

6 (B) the State where the lands held in fee 

7 by an Indian tribe or held in trust by the 

8 United States for the benefit on behalf of that 

9 Indian tribe are located; or 

10 (C) an Indian tribe. 

11 TITLE III—INDIVIDUAL 

12 PROTECTIONS 

13 SEC. 301. EXPUNGEMENT OF CRIMINAL RECORDS FOR CER14 TAIN MARIJUANA-RELATED OFFENSES. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Clean Slate for Marijuana Offenses Act of 2019’’. 

17 (b) EXPUNGEMENT.—Chapter 229 of title 18, United 

18 States Code, is amended by inserting after subchapter C 

19 the following: 

20 ‘‘SUBCHAPTER D—EXPUNGEMENT 

‘‘Sec. 

‘‘3631. Expungement of certain criminal records in limited circumstances. 

‘‘3632. Requirements for expungement. 

‘‘3633. Procedure for expungement. 

‘‘3634. Effect of expungement. 

‘‘3635. Disclosure of expunged records. 


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1 ‘‘§ 3631. Expungement of certain criminal records in 

2 limited circumstances 

3 ‘‘(a) IN GENERAL.—Any individual convicted of a 

4 qualifying marijuana-related offense who fulfills the re5 quirements of section 3632 may, upon petition for 

6 expungement made in accordance with this subchapter, 

7 obtain an order granting expungement under this sub8 chapter. 

9 ‘‘(b) DEFINITION OF QUALIFYING MARIJUANA-RE10 LATED OFFENSE.—In this subchapter, the term ‘quali11 fying marijuana-related offense’ means an offense against 

12 the United States in which the conduct constituting the 

13 offense— 

14 ‘‘(1) was legal under the State law or the law 

15 of the Indian tribe at the time of the offense; or 

16 ‘‘(2) was the possession of marijuana in a quan17 tity not greater than 1 ounce. 

18 ‘‘(c) DEFINITIONS.—In this subchapter— 

19 ‘‘(1) the term ‘Indian country’ has the meaning 

20 given the term in section 1151; 

21 ‘‘(2) the term ‘Indian tribe’ has the meaning 

22 given the term in section 4 of the Indian Self-Deter23 mination and Education Assistance Act (25 U.S.C. 

24 5304); and 


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1 ‘‘(3) the term ‘State’ includes the District of 

2 Columbia, Puerto Rico, and any other territory or 

3 possession of the United States. 

4 ‘‘§ 3632. Requirements for expungement 

5 ‘‘No individual shall be eligible for an order of 

6 expungement under this subchapter unless, before filing 

7 a petition under this subchapter, such individual fulfills 

8 all requirements of the sentence for the conviction for 

9 which expungement is sought, including completion of any 

10 term of imprisonment or period of probation, meeting all 

11 conditions of a supervised release, and paying all fines. 

12 ‘‘§ 3633. Procedure for expungement 

13 ‘‘(a) PETITION.—An individual may file a petition for 

14 expungement of a conviction in the court in which the con15 viction was obtained. A copy of the petition shall be served 

16 by the court upon the United States Attorney for the judi17 cial district of that court. 

18 ‘‘(b) OPPORTUNITY FOR GOVERNMENT TO CONTEST

19 PETITION.—Not later than 60 days after the date a copy 

20 of a petition is served on the Government under subsection 

21 (a), the Government may, if the Government determines 

22 the facts do not support the petition, inform the court and 

23 the petitioner that the Government opposes granting 

24 expungement. If the Government does so inform the court 

25 and the petitioner, the court shall allow the Government 


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1 and the petitioner an opportunity to present evidence and 

2 argument relating to the petition. 

3 ‘‘(c) COURT-ORDERED EXPUNGEMENT.—If, after the 

4 passage of the 60-day period described in subsection (a) 

5 or earlier, if the Government informs the court it will not 

6 oppose granting expungement or if proceedings related to 

7 that opposition have been completed, the court determines 

8 the preponderance of the evidence before the court sup9 ports the granting of expungement under this subchapter, 

10 the court shall issue an order granting that expungement. 

11 If the court determines the petition is not supported by 

12 the preponderance of the evidence before the court, the 

13 court shall deny the petition. 

14 ‘‘§ 3634. Effect of expungement 

15 ‘‘(a) IN GENERAL.—An order granting expungement 

16 under this subchapter restores the individual concerned, 

17 in the contemplation of the law, to the status that indi18 vidual occupied before the arrest or the institution of 

19 criminal proceedings for the offense for which 

20 expungement is granted. 

21 ‘‘(b) NO DISQUALIFICATION; STATEMENTS.—After 

22 an order under this subchapter granting expungement of 

23 an individual’s criminal records, that individual is not re24 quired to divulge information pertaining to the expunged 

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1 victed of the criminal offense concerned shall not operate 

2 as a disqualification of that individual to pursue or engage 

3 in any lawful activity, occupation, or profession. Such indi4 vidual is not guilty of any perjury, false answering, or 

5 making a false statement by reason of that individual’s 

6 failure to recite or acknowledge such arrest or institution 

7 of criminal proceedings, or results thereof, in response to 

8 an inquiry made of that individual for any purpose. 

9 ‘‘(c) RECORDS TO BE DESTROYED.—Except as pro10 vided in section 3635, upon order of expungement, all offi11 cial law enforcement and court records, including all ref12 erences to such person’s arrest for the offense, the institu13 tion of criminal proceedings against the individual, and 

14 the results thereof, except publicly available court opinions 

15 or briefs on appeal, shall be permanently destroyed. 

16 ‘‘§ 3635. Disclosure of expunged records 

17 ‘‘(a) INDEX TO ASSIST AUTHORIZED DISCLOSURE.— 

18 The Department of Justice shall maintain a nonpublic 

19 manual or computerized record of expungement under this 

20 subchapter containing only the name of, and alphanumeric 

21 identifiers selected by the Department of Justice that re22 late to, the persons who obtained expungement under this 

23 subchapter, and the order of expungement. 

24 ‘‘(b) AUTHORIZED DISCLOSURE TO INDIVIDUAL.— 

25 Information in the index shall be made available only to 


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1 the individual to whose expungement it pertains or to such 

2 individual’s designated agent. 

3 ‘‘(c) PUNISHMENT FOR IMPROPER DISCLOSURE.— 

4 Whoever knowingly discloses information relating to an 

5 expunged conviction other than as authorized in this sub6 chapter shall be fined under this title or imprisoned not 

7 more than one year, or both.’’. 

8 (c) CLERICAL AMENDMENT.—The table of sub9 chapters at the beginning of chapter 229 of title 18, 

10 United States Code, is amended by adding at the end the 

11 following item: 

‘‘D. Expungement .............................................................................. 3631’’. 

12 (d) EFFECTIVE DATE.—The amendments made by 

13 this section apply to individuals convicted of an offense 

14 before, on, or after the date of enactment of this Act. 

15 SEC. 302. LIMIT ON DRUG TESTING FOR APPLICANTS FOR 

16 FEDERAL EMPLOYMENT. 

17 (a) DEFINITION.—In this section, the term ‘‘covered 

18 position’’ means a position in the civil service (as defined 

19 in section 2101 of title 5, United States Code). 

20 (b) PROHIBITION.—If an applicant for a covered po21 sition used marijuana in accordance with the law of a 

22 State or the law of an Indian tribe that has jurisdiction 

23 over the Indian country in which the use occurred, before, 

24 on, or after the date on which the application is submitted, 

25 no agency, establishment, or other appointing authority in 


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1 the executive, legislative, or judicial branch of the Federal 

2 Government may— 

3 (1) require the applicant to submit to a test 

4 that screens for the use of marijuana; or 

5 (2) in determining whether to appoint the appli6 cant to the covered position— 

7 (A) use the results of a test indicating that 

8 an applicant for a covered position used mari9 juana, in whole or in part; or 

10 (B) use any evidence that the applicant 

11 used marijuana. 

12 SEC. 303. FAIR ACCESS TO EDUCATION. 

13 (a) SHORT TITLE.—This section may be cited as the 

14 ‘‘Fair Access to Education Act of 2019’’. 

15 (b) EXCLUSION OF MISDEMEANOR MARIJUANA POS16 SESSION OFFENSES FROM DRUG-RELATED OFFENSES

17 RESULTING IN SUSPENSION OF ELIGIBILITY FOR FINAN18 CIAL ASSISTANCE FOR HIGHER EDUCATION.—Section 

19 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 

20 1091(r)(1)) is amended by inserting after ‘‘controlled sub21 stance’’ the following: ‘‘, but not including any mis22 demeanor offense for possession of marihuana (as such 

23 term is defined in section 102 of the Controlled Sub24 stances Act (21 U.S.C. 802)),’’. 

25 (c) APPLICABILITY; RESUMPTION OF ELIGIBILITY.— 


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1 (1) APPLICABILITY.—The amendment made by 

2 subsection (a) shall apply to convictions for offenses 

3 described in the matter inserted by such amendment 

4 occurring before, on, and after the date of enact5 ment of this Act. 

6 (2) RESUMPTION OF ELIGIBILITY.—Any stu7 dent whose eligibility for grants, loans, and work as8 sistance under title IV of the Higher Education Act 

9 of 1965 (20 U.S.C. 1070 et seq.) was suspended 

10 under section 484(1) of such Act by reason of a con11 viction, before the date of enactment of this Act, for 

12 an offense described in the matter inserted by the 

13 amendment made by subsection (a) shall, unless oth14 erwise ineligible for such assistance, resume eligi15 bility upon such date of enactment. 

16 SEC. 304. CIVIL FORFEITURE EXEMPTION FOR MARIJUANA 

17 FACILITIES AUTHORIZED BY STATE LAW. 

18 Section 511(a)(7) of the Controlled Substances Act 

19 (21 U.S.C. 881(a)(7)) is amended— 

20 (1) by striking ‘‘(7) All’’ and inserting ‘‘(7)(A) 

21 Except as provided in subparagraph (B), all’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(B) No real property, including any right, 

24 title, and interest in the whole of any lot or tract of 

25 land and any appurtenances or improvements, shall 


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1 be subject to forfeiture under subparagraph (A) due 

2 to marijuana-related conduct that is authorized by 

3 State law or the law of the Indian tribe, as defined 

4 in section 4 of the Indian Self-Determination and 

5 Education Assistance Act (25 U.S.C. 5304), that 

6 has jurisdiction over the Indian country, as defined 

7 in section 1151 of title 18, United States Code, in 

8 which the conduct occurs.’’. 

9 SEC. 305. PROHIBITION ON INADMISSIBILITY OR DEPORTA10 TION OF ALIENS WHO COMPLY WITH STATE 

11 LAW. 

12 (a) PROHIBITION ON INADMISSIBILITY.—Section 

13 212(a)(2)(A)(i)(II) of the Immigration and Nationality 

14 Act (8 U.S.C. 1182(a)(2)(A)(i)(II)) is amended by insert15 ing ‘‘other than an act involving marijuana that is per16 mitted under the laws of a State or the law of an Indian 

17 tribe, as defined in section 4 of the Indian Self-Determina18 tion and Education Assistance Act (25 U.S.C. 5304), that 

19 has jurisdiction over the Indian country, as defined in sec20 tion 1151 of title 18, United States Code, in which the 

21 act occurs’’ after ‘‘802)),’’. 

22 (b) PROHIBITION ON DEPORTATION.—Section 

23 237(a)(2)(B)(i) of the Immigration and Nationality Act 

24 (8 U.S.C. 1227(a)(2)(B)(i)) is amended by striking ‘‘mari25 juana,’’ and inserting ‘‘marijuana or an offense involving 


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1 marijuana that is permitted under the laws of a State or 

2 the law of an Indian tribe, as defined in section 4 of the 

3 Indian Self-Determination and Education Assistance Act 

4 (25 U.S.C. 5304), that has jurisdiction over the Indian 

5 country, as defined in section 1151 of title 18, United 

6 States Code, in which the offense occurs’’. 

7 SEC. 306. DRUG-RELATED CRIMINAL ACTIVITY IN FEDER8 ALLY ASSISTED HOUSING. 

9 (a) IN GENERAL.—Section 3(b) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended— 

11 (1) by striking paragraph (9) and inserting the 

12 following: 

13 ‘‘(9) DRUG-RELATED CRIMINAL ACTIVITY.—The 

14 term ‘drug-related criminal activity’— 

15 ‘‘(A) means the illegal manufacture, sale, 

16 distribution, use, or possession with intent to 

17 manufacture, sell, distribute, or use, of a con18 trolled substance (as defined in section 102 of 

19 the Controlled Substances Act (21 U.S.C. 

20 802)); and 

21 ‘‘(B) does not include the manufacture, 

22 sale, distribution, use, or possession with intent 

23 to manufacture, sell, distribute, or use, of mari24 juana if such activity is conducted in compli25 ance with State law or the law of the Indian 


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1 tribe that has jurisdiction over the Indian coun2 try where the activity occurs.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(14) INDIAN COUNTRY.—The term ‘Indian 

5 country’ has the meaning given the term in section 

6 1151 of title 18, United States Code. 

7 ‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’ 

8 has the meaning given the term in section 4 of the 

9 Indian Self-Determination and Education Assistance 

10 Act (25 U.S.C. 5304). 

11 ‘‘(16) MARIJUANA.—The term ‘marijuana’ has 

12 the meaning given the term in section 102 of the 

13 Controlled Substances Act (21 U.S.C. 802).’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 (1) QUALITY HOUSING AND WORK RESPONSI16 BILITY ACT OF 1998.—Section 576 of the Quality 

17 Housing and Work Responsibility Act of 1998 (42 

18 U.S.C. 13661) is amended by striking ‘‘(as such 

19 term is defined in section 3(b) of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437a(b))’’. 

21 (2) UNITED STATES HOUSING ACT OF 1937.— 

22 The United States Housing Act of 1937 (42 U.S.C. 

23 1437 et seq.) is amended— 

24 (A) in section 6(l) (42 U.S.C. 1437d(l))— 


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1 (i) by redesignating the second para2 graph designated as paragraph (7) (relat3 ing to violations as cause for termination 

4 of tenancy) as paragraph (8); 

5 (ii) in paragraph (9), by redesignating 

6 paragraph (2) as subparagraph (B), and 

7 adjusting the margins accordingly; and 

8 (iii) by striking the flush text fol9 lowing paragraph (9)(B), as so redesig10 nated; and 

11 (B) in section 8(f) (42 U.S.C. 1437f(f))— 

12 (i) by striking paragraph (5); and 

13 (ii) by redesignating paragraphs (6) 

14 and (7) as paragraphs (5) and (6), respec15 tively. 

16 TITLE IV—MEDICAL MARIJUANA 

17 RESEARCH AND ACCESS 

18 SEC. 401. MEDICAL MARIJUANA RESEARCH ACT. 

19 (a) SHORT TITLE.—This section may be cited as the 

20 ‘‘Medical Marijuana Research Act of 2019’’. 

21 (b) DEFINITIONS.—In this section— 

22 (1) the term ‘‘qualified medical marijuana re23 searcher’’ means a researcher who is registered to 

24 conduct research with marijuana under section 

25 303(f)(3) of the Controlled Substances Act (21 


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1 U.S.C. 823(f)(3)), as amended by subsection (d); 

2 and 

3 (2) the term ‘‘Secretary’’ means the Secretary 

4 of Health and Human Services. 

5 (c) PRODUCTION AND SUPPLY.— 

6 (1) IN GENERAL.—The Secretary— 

7 (A) until the date on which the Secretary 

8 determines that manufacturers and distributors 

9 (other than the Federal Government) can en10 sure a sufficient supply of marijuana for quali11 fied medical marijuana researchers, shall— 

12 (i) continue to produce marijuana 

13 through the National Institute on Drug 

14 Abuse Drug Supply Program; and 

15 (ii) offer for sale immature marijuana 

16 plants and the seeds of marijuana— 

17 (I) to all qualified medical mari18 juana researchers who submit a re19 quest for such plants or seeds to en20 gage in research pursuant to section 

21 303(f)(3) of the Controlled Sub22 stances Act (21 U.S.C. 823(f)(3)), as 

23 amended by subsection (d); and 


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1 (II) in quantities sufficient to 

2 produce an adequate supply of mari3 juana for such research; and 

4 (B) beyond the date specified in subpara5 graph (A), may, at the Secretary’s discretion, 

6 continue to so produce and supply marijuana. 

7 (2) REQUIREMENT TO VERIFY REGISTRA8 TION.—Before supplying marijuana to any person 

9 through the National Institute on Drug Abuse Drug 

10 Supply Program, the Secretary shall— 

11 (A) require the person to submit docu12 mentation demonstrating that the person is a 

13 qualified medical marijuana researcher seeking 

14 to conduct research pursuant to the section 

15 303(f)(3) of the Controlled Substances Act (21 

16 U.S.C. 823(f)(3)), as amended by subsection 

17 (d); and 

18 (B) not later than 30 days after receipt of 

19 such documentation, review such documentation 

20 and verify that the marijuana will be used for 

21 such research. 

22 (3) GUIDELINES ON PRODUCTION.—The Com23 missioner of Food and Drugs, in consultation with 

24 the Director of the National Institute on Drug 

25 Abuse, shall— 


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1 (A) not later than 180 days after the date 

2 of enactment of this Act, issue guidelines on the 

3 production of marijuana by qualified medical 

4 marijuana researchers pursuant to paragraph 

5 (1)(A)(ii); and 

6 (B) encourage researchers and manufac7 turers that are authorized to produce or manu8 facture marijuana pursuant to section 303 of 

9 the Controlled Substances Act (21 U.S.C. 823), 

10 as amended by this section, to comply with such 

11 guidelines to the extent applicable. 

12 (4) DEFINITION.—In this subsection, the term 

13 ‘‘immature marijuana plant’’ means a marijuana 

14 plant with no observable flowers or buds. 

15 (d) FACILITATING MARIJUANA RESEARCH.— 

16 (1) IN GENERAL.—Section 303(f) of the Con17 trolled Substances Act (21 U.S.C. 823(f)) is amend18 ed— 

19 (A) by redesignating paragraphs (1) 

20 through (5) as subparagraphs (A) through (E), 

21 respectively; 

22 (B) by striking ‘‘(f) The Attorney General’’ 

23 and inserting ‘‘(f)(1) The Attorney General’’; 

24 (C) by striking ‘‘Registration applications’’ 

25 and inserting the following: 


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1 ‘‘(2) Registration applications’’; 

2 (D) in paragraph (2), as so designated, by 

3 striking ‘‘schedule I’’ each place that term ap4 pears and inserting ‘‘schedule I, except mari5 juana,’’; 

6 (E) by striking ‘‘Article 7’’ and inserting 

7 the following: 

8 ‘‘(4) Article 7’’; and 

9 (F) by inserting before paragraph (4), as 

10 so designated, the following: 

11 ‘‘(3)(A) The Attorney General shall register a practi12 tioner to conduct research with marijuana if— 

13 ‘‘(i) the applicant is authorized to dispense, or 

14 conduct research with respect to, controlled sub15 stances in schedules II, III, IV, and V under the 

16 laws of the State in which the applicant practices; 

17 ‘‘(ii) the applicant’s research protocol— 

18 ‘‘(I) has been reviewed and allowed by— 

19 ‘‘(aa) the Secretary under section 

20 505(i) of the Federal Food, Drug, and 

21 Cosmetic Act (21 U.S.C. 355(i)); or 

22 ‘‘(bb) the National Institutes of 

23 Health or another Federal agency that 

24 funds scientific research; or 


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1 ‘‘(II) in the case of nonhuman research 

2 that is not federally funded, has been volun3 tarily submitted by the applicant to, and ap4 proved by, the National Institutes of Health; 

5 and 

6 ‘‘(iii) the applicant has demonstrated that there 

7 are effective procedures in place to adequately safe8 guard against diversion of the marijuana from legiti9 mate medical or scientific use, in accordance with 

10 subparagraph (E). 

11 ‘‘(B) The Attorney General shall grant an application 

12 for registration under this paragraph unless the Attorney 

13 General determines that the issuance of the registration 

14 would be inconsistent with the public interest. In deter15 mining the public interest, the following factors shall be 

16 considered: 

17 ‘‘(i) The applicant’s experience in dispensing, or 

18 conducting research with respect to, controlled sub19 stances. 

20 ‘‘(ii) The applicant’s conviction record under 

21 Federal or State laws relating to the manufacture, 

22 distribution, or dispensing of controlled substances. 

23 ‘‘(iii) Compliance with applicable State, Fed24 eral, or local laws relating to controlled substances. 


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1 ‘‘(iv) Such other conduct by the applicant that 

2 may threaten the public health and safety. 

3 ‘‘(C) Not later than 90 days after the date of enact4 ment of the Medical Marijuana Research Act of 2019, for 

5 purposes of subparagraph (A)(ii)(II), the National Insti6 tutes of Health shall establish a process that— 

7 ‘‘(i) allows a researcher to voluntarily submit 

8 the research protocol of the researcher for review 

9 and approval; and 

10 ‘‘(ii) provides a researcher described in clause 

11 (i) with a decision not less than 30 days after the 

12 date on which the research protocol is submitted. 

13 ‘‘(D)(i) Not later than 60 days after the date on 

14 which the Attorney General receives a complete applica15 tion for registration under this paragraph, the Attorney 

16 General shall approve or deny the application. 

17 ‘‘(ii) For purposes of clause (i), an application shall 

18 be deemed complete when the applicant has submitted 

19 documentation showing that the requirements under sub20 paragraph (A) are satisfied. 

21 ‘‘(E)(i) A researcher registered under this paragraph 

22 shall store marijuana to be used in research in a securely 

23 locked, substantially constructed cabinet. 

24 ‘‘(ii) Except as provided in clause (i), any security 

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1 tioners conducting research with marijuana pursuant to 

2 a registration under this paragraph shall be consistent 

3 with the security measures for practitioners conducting re4 search on other controlled substances in schedule II that 

5 have a similar risk of diversion and abuse. 

6 ‘‘(F)(i) If the Attorney General grants an application 

7 for registration under this paragraph, the applicant may 

8 amend or supplement the research protocol without re9 applying if the applicant does not— 

10 ‘‘(I) change the type of drug, the source of the 

11 drug, or the conditions under which the drug is 

12 stored, tracked, or administered; or 

13 ‘‘(II) otherwise increase the risk of diversion. 

14 ‘‘(ii) If an applicant amends or supplements the re15 search protocol or initiates research on a new research 

16 protocol under clause (i), the applicant shall, in order to 

17 renew the registration under this paragraph, provide no18 tice to the Attorney General of the amended or supple19 mented research protocol or any new research protocol in 

20 the applicant’s renewal materials. 

21 ‘‘(iii)(I) If an applicant amends or supplements a re22 search protocol and the amendment or supplement in23 volves a change to the type of drug, the source of the drug, 

24 or conditions under which the drug is stored, tracked, or 

25 administered or otherwise increases the risk of diversion, 


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1 the applicant shall provide notice to the Attorney General 

2 not later than 30 days before proceeding on such amended 

3 or supplemental research or new research protocol, as the 

4 case may be. 

5 ‘‘(II) If the Attorney General does not object during 

6 the 30-day period following a notification under subclause 

7 (I), the applicant may proceed with the amended or sup8 plemental research or new research protocol. 

9 ‘‘(iv) The Attorney General may object to an amend10 ed or supplemental protocol or a new research protocol 

11 under clause (i) or (iii) only if additional security meas12 ures are needed to safeguard against diversion or abuse. 

13 ‘‘(G) If marijuana or a compound of marijuana is 

14 listed on a schedule other than schedule I, the provisions 

15 of paragraphs (1), (2), and (4) that apply to research with 

16 a controlled substance in the applicable schedule shall 

17 apply to research with marijuana or that compound, as 

18 applicable, in lieu of the provisions of subparagraphs (A) 

19 through (F) of this paragraph.’’. 

20 (2) CONFORMING AMENDMENT.—Section 

21 102(16) of the Controlled Substances Act (21 

22 U.S.C. 802(16)) is amended by inserting ‘‘or ‘mari23 juana’ ’’ after ‘‘The term ‘marihuana’ ’’. 

24 (e) MANUFACTURE AND DISTRIBUTION OF MARI25 JUANA FOR USE IN LEGITIMATE, MEDICAL RESEARCH.— 


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1 Section 303 of the Controlled Substances Act (21 U.S.C. 

2 823), as amended by subsection (d), is further amended 

3 by adding at the end the following: 

4 ‘‘(k) REGISTRATION OF PERSONS TO MANUFACTURE

5 AND DISTRIBUTE MARIJUANA FOR USE IN LEGITIMATE, 

6 MEDICAL RESEARCH.— 

7 ‘‘(1) REGISTRATION OF MANUFACTURERS.—Be8 ginning not later than the day that is 1 year after 

9 the date of enactment of the Medical Marijuana Re10 search Act of 2019, the Attorney General shall reg11 ister an applicant to manufacture marijuana to the 

12 extent the marijuana will be used exclusively by 

13 qualified medical marijuana researchers for research 

14 pursuant to subsection (f)(3), unless the Attorney 

15 General determines that the issuance of such reg16 istration is inconsistent with the public interest. In 

17 determining the public interest, the Attorney Gen18 eral shall— 

19 ‘‘(A) take into consideration— 

20 ‘‘(i) maintenance of effective controls 

21 against diversion of marijuana and any 

22 controlled substance compounded there23 from into other than legitimate medical, 

24 scientific, or research channels; 


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1 ‘‘(ii) compliance with applicable State 

2 and local law; and 

3 ‘‘(iii) prior conviction record of the 

4 applicant under Federal or State laws re5 lating to the manufacture, distribution, or 

6 dispensing of such substances; and 

7 ‘‘(B) not take into consideration any fac8 tors other than the factors listed in subpara9 graph (A). 

10 ‘‘(2) REGISTRATION OF DISTRIBUTORS.—Begin11 ning not later than the day that is 1 year after the 

12 date of enactment of the Medical Marijuana Re13 search Act of 2019, the Attorney General shall reg14 ister an applicant to distribute marijuana that is in15 tended to be used exclusively by qualified medical 

16 marijuana researchers for research pursuant to sub17 section (f)(3), unless the Attorney General deter18 mines that the issuance of such registration is incon19 sistent with the public interest. In determining the 

20 public interest, the Attorney General shall— 

21 ‘‘(A) take into consideration— 

22 ‘‘(i) maintenance of effective controls 

23 against diversion of marijuana and any 

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1 from into other than legitimate medical, 

2 scientific, or research channels; 

3 ‘‘(ii) compliance with applicable State 

4 and local law; 

5 ‘‘(iii) prior conviction record of the 

6 applicant under Federal or State laws re7 lating to the manufacture, distribution, or 

8 dispensing of such substances; and 

9 ‘‘(iv) past experience in the distribu10 tion of controlled substances, and the exist11 ence in the establishment of effective con12 trols against diversion; and 

13 ‘‘(B) not take into consideration any fac14 tors other than the factors listed in subpara15 graph (A). 

16 ‘‘(3) NO LIMIT ON NUMBER OF MANUFACTUR17 ERS AND DISTRIBUTORS.—Notwithstanding any 

18 other provision of law, the Attorney General shall 

19 not impose or implement any limit on the number of 

20 persons eligible to be registered to manufacture or 

21 distribute marijuana pursuant to paragraph (1) or 

22 (2). 

23 ‘‘(4) REQUIREMENT TO VERIFY USE FOR LE24 GITIMATE, MEDICAL RESEARCH.—As a condition on 

25 registration under this section to manufacture or 


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1 distribute marijuana, the Attorney General shall re2 quire the registrant— 

3 ‘‘(A) to require any person to whom the 

4 marijuana will be supplied to submit docu5 mentation demonstrating that the marijuana 

6 will be used exclusively by qualified medical 

7 marijuana researchers for research pursuant to 

8 subsection (f)(3); and 

9 ‘‘(B) not later than 30 days after receipt 

10 of such documentation, and before supplying 

11 the marijuana to such person, to review such 

12 documentation and verify that the marijuana 

13 will be so used. 

14 ‘‘(5) TIMING.—Not later than 30 days after re15 ceipt of a request for registration under this sub16 section to manufacture or distribute marijuana, the 

17 Attorney General shall— 

18 ‘‘(A) grant or deny the request; and 

19 ‘‘(B) in the case of a denial, provide a 

20 written explanation of the basis for the denial. 

21 ‘‘(6) DEFINITION.—For purposes of this sub22 section, the term ‘qualified medical marijuana re23 searcher’ means a researcher who is registered to 

24 conduct research with marijuana under subsection 

25 (f)(3).’’. 


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1 (f) TERMINATION OF INTERDISCIPLINARY REVIEW

2 PROCESS FOR NON-NIH-FUNDED RESEARCHERS.—The 

3 Secretary may not— 

4 (1) reinstate the Public Health Service inter5 disciplinary review process described in the guidance 

6 entitled ‘‘Guidance on Procedures for the Provision 

7 of Marijuana for Medical Research’’ (issued on May 

8 21, 1999); or 

9 (2) create an additional review of scientific pro10 tocols that is only conducted for research on mari11 juana other than the review of research protocols 

12 performed at the request of a researcher conducting 

13 nonhuman research that is not federally funded, in 

14 accordance with section 303(f)(3)(A)(ii)(II) of the 

15 Controlled Substances Act (21 U.S.C. 

16 823(f)(3)(A)(ii)(II)), as amended by subsection (d). 

17 (g) CONSIDERATION OF RESULTS OF RESEARCH.— 

18 Immediately upon the approval by the Food and Drug Ad19 ministration of an application for a marijuana-based drug 

20 under section 505 of the Federal Food, Drug, and Cos21 metic Act (21 U.S.C. 355), and (irrespective of whether 

22 any such approval is granted) not later than the date that 

23 is 5 years after the date of enactment of this Act, the 

24 Secretary shall— 


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1 (1) conduct a review of existing medical and 

2 other research with respect to marijuana; 

3 (2) submit a report to the Congress on the re4 sults of such review; and 

5 (3) include in such report whether, taking into 

6 consideration the factors listed in section 201(c) of 

7 the Controlled Substances Act (21 U.S.C. 811(c)), 

8 as well as any potential for medical benefits, any 

9 gaps in research, and any impacts of Federal restric10 tions and policy on research, marijuana should be 

11 transferred to a schedule other than schedule I (if 

12 marijuana has not been so transferred already). 

13 (h) NO PRODUCTION QUOTAS FOR MARIJUANA

14 GROWN FOR LEGITIMATE, MEDICAL RESEARCH.—Section 

15 306 of the Controlled Substances Act (21 U.S.C. 826) is 

16 amended by adding at the end the following: 

17 ‘‘(i) The Attorney General may only establish a quota 

18 for production of marijuana that is manufactured and dis19 tributed in accordance with the Medical Marijuana Re20 search Act of 2019 that meets the changing medical, sci21 entific, and industrial needs for marijuana.’’. 

22 (i) ARTICLE 28 OF THE SINGLE CONVENTION ON

23 NARCOTIC DRUGS.—Article 28 of the Single Convention 

24 on Narcotic Drugs shall not be construed to prohibit, or 

25 impose additional restrictions upon, research involving 


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1 marijuana, or the manufacture, distribution, or dispensing 

2 of marijuana, that is conducted in accordance with the 

3 Controlled Substances Act (21 U.S.C. 801 et seq.), this 

4 section, and the amendments made by this section. 

5 (j) NO INTERFERENCE BY DEPARTMENT OF JUS6 TICE.—The Attorney General, and any officer or employee 

7 of the Department of Justice, shall not interfere with the 

8 production, distribution, and sale of marijuana in accord9 ance with this section and the amendments made by this 

10 section. 

11 SEC. 402. PROVISION BY HEALTH CARE PROVIDERS OF THE 

12 DEPARTMENT OF VETERANS AFFAIRS OF 

13 RECOMMENDATIONS AND OPINIONS RE14 GARDING VETERAN PARTICIPATION IN 

15 STATE MARIJUANA PROGRAMS. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Veterans Equal Access Act of 2019’’. 

18 (b) AUTHORIZATION.—Notwithstanding any other 

19 provision of law, the Secretary of Veterans Affairs shall 

20 authorize physicians and other health care providers em21 ployed by the Department of Veterans Affairs— 

22 (1) to provide recommendations and opinions to 

23 veterans who are residents of States with State 

24 marijuana programs regarding the participation of 

25 veterans in such State marijuana programs; and 


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1 (2) to complete forms reflecting such rec2 ommendations and opinions. 

3 SEC. 403. PROVISION BY MEDICAL PROFESSIONALS OF THE 

4 INDIAN HEALTH SERVICE OF RECOMMENDA5 TIONS AND OPINIONS REGARDING PARTICI6 PATION IN STATE MARIJUANA PROGRAMS. 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of law, IHS medical professionals are au9 thorized to make medical recommendations to their 

10 patients with regard to marijuana and to complete 

11 forms reflecting such recommendations. 

12 (2) DEFINITIONS.—In this subsection: 

13 (A) IHS MEDICAL PROFESSIONAL.—The 

14 term ‘‘IHS medical professional’’ means a phy15 sician or other health professional furnishing 

16 services through an Indian health program (as 

17 defined in section 108(a)(2) of the Indian 

18 Health Care Improvement Act (25 U.S.C. 

19 1616a(a)(2))). 

20 (B) RECOMMENDATIONS.—The term ‘‘rec21 ommendations’’ does not include dispensing (as 

22 defined in section 102 of the Controlled Sub23 stances Act (21 U.S.C. 802)). 

Æ 


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