I 

116TH CONGRESS 

1ST SESSION H. R. 1119 

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

and State marijuana policy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2019 

Mr. BLUMENAUER introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Financial Services, Natural Resources, Education and Labor, Veterans’ Affairs, and Oversight and Reform, 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 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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 

Sec. 208. Principal trade negotiating objective regarding marijuana, marijuana 

derivatives, and marijuana products. 

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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act— 

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


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1 (A) a depository institution as defined in 

2 section 3(c) of the Federal Deposit Insurance 

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

4 (B) a Federal credit union as defined in 

5 section 101 of the Federal Credit Union Act 

6 (12 U.S.C. 1752); or 

7 (C) a State credit union as defined in sec8 tion 101 of the Federal Credit Union Act (12 

9 U.S.C. 1752); 

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

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

12 States Code; 

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

14 given the term in section 4 of the Indian Self-Deter15 mination and Education Assistance Act (25 U.S.C. 

16 5304); 

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

18 given the term in section 102 of the Controlled Sub19 stances Act (21 U.S.C. 802), as amended by section 

20 401(d) of this Act; 

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

22 marijuana product that is not a naturally grown and 

23 unadulterated marijuana flower product; 


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

2 article that contains marijuana or any marijuana de3 rivative; 

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

5 means a manufacturer, producer, or any person 

6 that— 

7 (A) participates in any business or orga8 nized activity that involves handling marijuana 

9 or marijuana products, including selling, trans10 porting, displaying, dispensing, or distributing 

11 marijuana or marijuana products; and 

12 (B) engages in such activity pursuant to a 

13 law established by a State, a unit of local gov14 ernment, or an Indian tribe that has jurisdic15 tion over the Indian country in which the activ16 ity occurs; and 

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

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

19 any territory or possession of the United States. 


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1 TITLE I—FEDERALISM IN 

2 MARIJUANA POLICY 

3 SEC. 101. ELIMINATION OF CRIMINAL PENALTIES FOR CER4 TAIN PERSONS COMPLYING WITH STATE 

5 LAW. 

6 Section 708 of the Controlled Substances Act (21 

7 U.S.C. 903) is amended— 

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

9 the following: 

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

11 (b), no provision’’; and 

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

13 ‘‘(b) COMPLIANCE WITH STATE LAW.—Notwith14 standing any other provision of law, the provisions of this 

15 title relating to marihuana shall not apply to any person 

16 acting in compliance with State law or the law of the In17 dian tribe that has jurisdiction over the Indian country, 

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

19 where the conduct occurs relating to— 

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

21 dispensation, administration, laboratory testing, or 

22 delivery of marihuana; or 

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

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

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1 tising, security services, scientific and safety testing, 

2 or property leasing.’’. 

3 TITLE II—REMOVING BUSINESS 

4 AND BANKING BARRIERS 

5 SEC. 201. ALLOWANCE OF DEDUCTIONS AND CREDITS RE6 LATING TO EXPENDITURES IN CONNECTION 

7 WITH MARIJUANA SALES CONDUCTED IN 

8 COMPLIANCE WITH STATE LAW. 

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

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

11 (b) ALLOWANCE.—Section 280E of the Internal Rev12 enue Code of 1986 is amended by inserting before the pe13 riod at the end the following: ‘‘, unless such trade or busi14 ness consists of marijuana sales conducted in compliance 

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

16 in section 4 of the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 5304), that has jurisdic18 tion over the Indian country, as defined in section 1151 

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

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

21 this section shall apply with respect to taxable years end22 ing after the date of the enactment of this Act. 


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1 SEC. 202. MARIJUANA PRINT ADVERTISING. 

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

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

4 ‘‘MAILS Act’’. 

5 (b) MARIJUANA PRINT ADVERTISING.—Section 

6 403(c)(1) of the Controlled Substances Act (21 U.S.C. 

7 843(c)(1)) is amended by adding at the end the following: 

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

9 the extent that the advertisement relates to an activity, 

10 involving marihuana, that is in compliance with the law 

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

12 section 4 of the Indian Self-Determination and Education 

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

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

15 18, United States Code, in which that activity takes 

16 place.’’. 

17 SEC. 203. SAFE HARBOR FOR MARIJUANA BROADCAST AD18 VERTISING. 

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

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

21 amended by adding at the end the following: 

22 ‘‘(m) SAFE HARBOR FOR MARIJUANA BROADCAST

23 ADVERTISING.— 

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

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

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1 pensation, administration, processing, or labora2 tory testing of marijuana; 

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

4 meaning given the term in section 1151 of title 

5 18, United States Code; 

6 ‘‘(C) the term ‘Indian tribe’ has the mean7 ing given the term in section 4 of the Indian 

8 Self-Determination and Education Assistance 

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

10 ‘‘(D) the term ‘marijuana’ has the mean11 ing given the term in section 102 of the Con12 trolled Substances Act (21 U.S.C. 802); and 

13 ‘‘(E) the term ‘media of mass communica14 tions’ has the meaning given the term in sub15 section (i)(3)(C). 

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

17 to grant an application for a license or permit (in18 cluding for the renewal of a license or permit) under 

19 this section, the Commission shall not consider the 

20 broadcast by any medium of mass communications 

21 of any advertising or other information pertaining to 

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

23 public interest, convenience, and necessity, if the 

24 covered activity, and the advertising thereof, does 

25 not violate the law of— 


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

2 has jurisdiction over the Indian country, in 

3 which the transmission point of the subject me4 dium of mass communications is located; or 

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

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

7 jurisdiction over the Indian country, in which 

8 the station’s community of license is or is pro9 posed to be located.’’. 

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

11 the Controlled Substances Act (21 U.S.C. 903), as amend12 ed by section 101, is amended— 

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

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

15 (2) in subsection (b), by striking ‘‘Notwith16 standing’’ and inserting ‘‘Subject to subsection (c) 

17 and notwithstanding’’; and 

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

19 ‘‘(c) COMPLIANCE WITH STATE OR TRIBAL LAW RE20 LATING TO MARIJUANA BROADCAST ADVERTISING.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2) and notwithstanding any other provision 

23 of law, the provisions of this title relating to mari24 juana shall not apply to the broadcast by any me25 dium of mass communications of any advertising or 


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1 other information pertaining to any aspect of a cov2 ered activity if the covered activity, and the adver3 tising thereof, does not violate the law of— 

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

5 has jurisdiction over the Indian country, in 

6 which the transmission point of the subject me7 dium of mass communications is located; or 

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

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

10 jurisdiction over the Indian country, in which 

11 the station’s community of license is located. 

12 ‘‘(2) BROADCASTS CALCULATED TO INDUCE

13 TRAVEL FROM NON-LEGAL JURISDICTIONS.—Para14 graph (1) shall not apply to the broadcast by any 

15 medium of mass communications of any advertising 

16 or other information pertaining to any aspect of a 

17 covered activity that is calculated to induce residents 

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

19 or other area of Indian country to purchase mari20 juana. 

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

22 ‘‘(1) the term ‘covered activity’ means the pro23 duction, possession, sale, distribution, dispensation, 

24 administration, processing, or laboratory testing of 

25 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 SEC. 208. PRINCIPAL TRADE NEGOTIATING OBJECTIVE RE12 GARDING MARIJUANA, MARIJUANA DERIVA13 TIVES, AND MARIJUANA PRODUCTS. 

14 The principal negotiating objectives of the United 

15 States with respect to trade shall include the removal of 

16 unjustified foreign barriers to trade in marijuana, mari17 juana derivatives, and marijuana products. 

18 TITLE III—INDIVIDUAL 

19 PROTECTIONS 

20 SEC. 301. EXPUNGEMENT OF CRIMINAL RECORDS FOR CER21 TAIN MARIJUANA-RELATED OFFENSES. 

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

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


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

2 States Code, is amended by inserting after subchapter C 

3 the following: 

4 ‘‘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. 

5 ‘‘§ 3631. Expungement of certain criminal records in 

6 limited circumstances 

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

8 qualifying marijuana-related offense who fulfills the re9 quirements of section 3632 may, upon petition for 

10 expungement made in accordance with this subchapter, 

11 obtain an order granting expungement under this sub12 chapter. 

13 ‘‘(b) DEFINITION OF QUALIFYING MARIJUANA-RE14 LATED OFFENSE.—In this subchapter, the term ‘quali15 fying marijuana-related offense’ means an offense against 

16 the United States in which the conduct constituting the 

17 offense— 

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

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

20 ‘‘(2) was the possession of marijuana in a quan21 tity not greater than 1 ounce. 

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


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

2 given the term in section 1151; 

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

4 given the term in section 4 of the Indian Self-Deter5 mination and Education Assistance Act (25 U.S.C. 

6 5304); and 

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

8 Columbia, Puerto Rico, and any other territory or 

9 possession of the United States. 

10 ‘‘§ 3632. Requirements for expungement 

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

12 expungement under this subchapter unless, before filing 

13 a petition under this subchapter, such individual fulfills 

14 all requirements of the sentence for the conviction for 

15 which expungement is sought, including completion of any 

16 term of imprisonment or period of probation, meeting all 

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

18 ‘‘§ 3633. Procedure for expungement 

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

20 expungement of a conviction in the court in which the con21 viction was obtained. A copy of the petition shall be served 

22 by the court upon the United States Attorney for the judi23 cial district of that court. 

24 ‘‘(b) OPPORTUNITY FOR GOVERNMENT TO CONTEST

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


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1 of a petition is served on the Government under subsection 

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

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

4 the petitioner that the Government opposes granting 

5 expungement. If the Government does so inform the court 

6 and the petitioner, the court shall allow the Government 

7 and the petitioner an opportunity to present evidence and 

8 argument relating to the petition. 

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

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

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

12 oppose granting expungement or if proceedings related to 

13 that opposition have been completed, the court determines 

14 the preponderance of the evidence before the court sup15 ports the granting of expungement under this subchapter, 

16 the court shall issue an order granting that expungement. 

17 If the court determines the petition is not supported by 

18 the preponderance of the evidence before the court, the 

19 court shall deny the petition. 

20 ‘‘§ 3634. Effect of expungement 

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

22 under this subchapter restores the individual concerned, 

23 in the contemplation of the law, to the status that indi24 vidual occupied before the arrest or the institution of 


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1 criminal proceedings for the offense for which expunge2 ment is granted. 

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

4 an order under this subchapter granting expungement of 

5 an individual’s criminal records, that individual is not re6 quired to divulge information pertaining to the expunged 

7 conviction. The fact that such individual has been con8 victed of the criminal offense concerned shall not operate 

9 as a disqualification of that individual to pursue or engage 

10 in any lawful activity, occupation, or profession. Such indi11 vidual is not guilty of any perjury, false answering, or 

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

13 failure to recite or acknowledge such arrest or institution 

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

15 an inquiry made of that individual for any purpose. 

16 ‘‘(c) RECORDS TO BE DESTROYED.—Except as pro17 vided in section 3635, upon order of expungement, all offi18 cial law enforcement and court records, including all ref19 erences to such person’s arrest for the offense, the institu20 tion of criminal proceedings against the individual, and 

21 the results thereof, except publicly available court opinions 

22 or briefs on appeal, shall be permanently destroyed. 

23 ‘‘§ 3635. Disclosure of expunged records 

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

25 The Department of Justice shall maintain a nonpublic 


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1 manual or computerized record of expungement under this 

2 subchapter containing only the name of, and alphanumeric 

3 identifiers selected by the Department of Justice that re4 late to, the persons who obtained expungement under this 

5 subchapter, and the order of expungement. 

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

7 Information in the index shall be made available only to 

8 the individual to whose expungement it pertains or to such 

9 individual’s designated agent. 

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

11 Whoever knowingly discloses information relating to an 

12 expunged conviction other than as authorized in this sub13 chapter shall be fined under this title or imprisoned not 

14 more than one year, or both.’’. 

15 (c) CLERICAL AMENDMENT.—The table of sub16 chapters at the beginning of chapter 229 of title 18, 

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

18 following item: 

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

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

20 this section apply to individuals convicted of an offense 

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


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

2 FEDERAL EMPLOYMENT. 

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

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

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

6 (b) PROHIBITION.—If an applicant for a covered po7 sition used marijuana in accordance with the law of a 

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

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

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

11 no agency, establishment, or other appointing authority in 

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

13 Government may— 

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

15 that screens for the use of marijuana; or 

16 (2) in determining whether to appoint the appli17 cant to the covered position— 

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

19 an applicant for a covered position used mari20 juana, in whole or in part; or 

21 (B) use any evidence that the applicant 

22 used marijuana. 

23 SEC. 303. FAIR ACCESS TO EDUCATION. 

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

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


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1 (b) EXCLUSION OF MISDEMEANOR MARIJUANA POS2 SESSION OFFENSES FROM DRUG-RELATED OFFENSES

3 RESULTING IN SUSPENSION OF ELIGIBILITY FOR FINAN4 CIAL ASSISTANCE FOR HIGHER EDUCATION.—Section 

5 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 

6 1091(r)(1)) is amended by inserting after ‘‘controlled sub7 stance’’ the following: ‘‘, but not including any mis8 demeanor offense for possession of marihuana (as such 

9 term is defined in section 102 of the Controlled Sub10 stances Act (21 U.S.C. 802)),’’. 

11 (c) APPLICABILITY; RESUMPTION OF ELIGIBILITY.— 

12 (1) APPLICABILITY.—The amendment made by 

13 subsection (a) shall apply to convictions for offenses 

14 described in the matter inserted by such amendment 

15 occurring before, on, and after the date of enact16 ment of this Act. 

17 (2) RESUMPTION OF ELIGIBILITY.—Any stu18 dent whose eligibility for grants, loans, and work as19 sistance under title IV of the Higher Education Act 

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

21 under section 484(1) of such Act by reason of a con22 viction, before the date of enactment of this Act, for 

23 an offense described in the matter inserted by the 

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1 erwise ineligible for such assistance, resume eligi2 bility upon such date of enactment. 

3 SEC. 304. CIVIL FORFEITURE EXEMPTION FOR MARIJUANA 

4 FACILITIES AUTHORIZED BY STATE LAW. 

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

6 (21 U.S.C. 881(a)(7)) is amended— 

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

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

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

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

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

12 land and any appurtenances or improvements, shall 

13 be subject to forfeiture under subparagraph (A) due 

14 to marijuana-related conduct that is authorized by 

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

16 in section 4 of the Indian Self-Determination and 

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

18 has jurisdiction over the Indian country, as defined 

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

20 which the conduct occurs.’’. 

21 SEC. 305. PROHIBITION ON INADMISSIBILITY OR DEPORTA22 TION OF ALIENS WHO COMPLY WITH STATE 

23 LAW. 

24 (a) PROHIBITION ON INADMISSIBILITY.—Section 

25 212(a)(2)(A)(i)(II) of the Immigration and Nationality 


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1 Act (8 U.S.C. 1182(a)(2)(A)(i)(II)) is amended by insert2 ing ‘‘other than an act involving marijuana that is per3 mitted under the laws of a State or the law of an Indian 

4 tribe, as defined in section 4 of the Indian Self-Determina5 tion and Education Assistance Act (25 U.S.C. 5304), that 

6 has jurisdiction over the Indian country, as defined in sec7 tion 1151 of title 18, United States Code, in which the 

8 act occurs’’ after ‘‘802)),’’. 

9 (b) PROHIBITION ON DEPORTATION.—Section 

10 237(a)(2)(B)(i) of the Immigration and Nationality Act 

11 (8 U.S.C. 1227(a)(2)(B)(i)) is amended by striking ‘‘mari12 juana,’’ and inserting ‘‘marijuana or an offense involving 

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

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

15 Indian Self-Determination and Education Assistance Act 

16 (25 U.S.C. 5304), that has jurisdiction over the Indian 

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

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

19 SEC. 306. DRUG-RELATED CRIMINAL ACTIVITY IN FEDER20 ALLY ASSISTED HOUSING. 

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

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

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

24 following: 


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

2 term ‘drug-related criminal activity’— 

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

4 distribution, use, or possession with intent to 

5 manufacture, sell, distribute, or use, of a con6 trolled substance (as defined in section 102 of 

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

8 802)); and 

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

10 sale, distribution, use, or possession with intent 

11 to manufacture, sell, distribute, or use, of mari12 juana if such activity is conducted in compli13 ance with State law or the law of the Indian 

14 tribe that has jurisdiction over the Indian coun15 try where the activity occurs.’’; and 

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

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

18 country’ has the meaning given the term in section 

19 1151 of title 18, United States Code. 

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

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

22 Indian Self-Determination and Education Assistance 

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


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

2 the meaning given the term in section 102 of the 

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

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) QUALITY HOUSING AND WORK RESPONSI6 BILITY ACT OF 1998.—Section 576 of the Quality 

7 Housing and Work Responsibility Act of 1998 (42 

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

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

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

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

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

13 1437 et seq.) is amended— 

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

15 (i) by redesignating the second para16 graph designated as paragraph (7) (relat17 ing to violations as cause for termination 

18 of tenancy) as paragraph (8); 

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

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

21 adjusting the margins accordingly; and 

22 (iii) by striking the flush text fol23 lowing paragraph (9)(B), as so redesig24 nated; and 

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


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

2 (ii) by redesignating paragraphs (6) 

3 and (7) as paragraphs (5) and (6), respec4 tively. 

5 TITLE IV—MEDICAL MARIJUANA 

6 RESEARCH AND ACCESS 

7 SEC. 401. MEDICAL MARIJUANA RESEARCH ACT. 

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

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

10 (b) DEFINITIONS.—In this section— 

11 (1) the term ‘‘qualified medical marijuana re12 searcher’’ means a researcher who is registered to 

13 conduct research with marijuana under section 

14 303(f)(3) of the Controlled Substances Act (21 

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

16 and 

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

18 of Health and Human Services. 

19 (c) PRODUCTION AND SUPPLY.— 

20 (1) IN GENERAL.—The Secretary— 

21 (A) until the date on which the Secretary 

22 determines that manufacturers and distributors 

23 (other than the Federal Government) can en24 sure a sufficient supply of marijuana for quali25 fied medical marijuana researchers, shall— 


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1 (i) continue to produce marijuana 

2 through the National Institute on Drug 

3 Abuse Drug Supply Program; and 

4 (ii) offer for sale immature marijuana 

5 plants and the seeds of marijuana— 

6 (I) to all qualified medical mari7 juana researchers who submit a re8 quest for such plants or seeds to en9 gage in research pursuant to section 

10 303(f)(3) of the Controlled Sub11 stances Act (21 U.S.C. 823(f)(3)), as 

12 amended by subsection (d); and 

13 (II) in quantities sufficient to 

14 produce an adequate supply of mari15 juana for such research; and 

16 (B) beyond the date specified in subpara17 graph (A), may, at the Secretary’s discretion, 

18 continue to so produce and supply marijuana. 

19 (2) REQUIREMENT TO VERIFY REGISTRA20 TION.—Before supplying marijuana to any person 

21 through the National Institute on Drug Abuse Drug 

22 Supply Program, the Secretary shall— 

23 (A) require the person to submit docu24 mentation demonstrating that the person is a 

25 qualified medical marijuana researcher seeking 


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1 to conduct research pursuant to the section 

2 303(f)(3) of the Controlled Substances Act (21 

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

4 (d); and 

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

6 such documentation, review such documentation 

7 and verify that the marijuana will be used for 

8 such research. 

9 (3) GUIDELINES ON PRODUCTION.—The Com10 missioner of Food and Drugs, in consultation with 

11 the Director of the National Institute on Drug 

12 Abuse, shall— 

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

14 of enactment of this Act, issue guidelines on the 

15 production of marijuana by qualified medical 

16 marijuana researchers pursuant to paragraph 

17 (1)(A)(ii); and 

18 (B) encourage researchers and manufac19 turers that are authorized to produce or manu20 facture marijuana pursuant to section 303 of 

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

22 as amended by this section, to comply with such 

23 guidelines to the extent applicable. 


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

2 ‘‘immature marijuana plant’’ means a marijuana 

3 plant with no observable flowers or buds. 

4 (d) FACILITATING MARIJUANA RESEARCH.— 

5 (1) IN GENERAL.—Section 303(f) of the Con6 trolled Substances Act (21 U.S.C. 823(f)) is amend7 ed— 

8 (A) by redesignating paragraphs (1) 

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

10 respectively; 

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

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

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

14 and inserting the following: 

15 ‘‘(2) Registration applications’’; 

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

17 striking ‘‘schedule I’’ each place that term ap18 pears and inserting ‘‘schedule I, except mari19 juana,’’; 

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

21 the following: 

22 ‘‘(4) Article 7’’; and 

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

24 so designated, the following: 


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1 ‘‘(3)(A) The Attorney General shall register a practi2 tioner to conduct research with marijuana if— 

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

4 conduct research with respect to, controlled sub5 stances in schedules II, III, IV, and V under the 

6 laws of the State in which the applicant practices; 

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

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

9 ‘‘(aa) the Secretary under section 

10 505(i) of the Federal Food, Drug, and 

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

12 ‘‘(bb) the National Institutes of 

13 Health or another Federal agency that 

14 funds scientific research; or 

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

16 that is not federally funded, has been volun17 tarily submitted by the applicant to, and ap18 proved by, the National Institutes of Health; 

19 and 

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

21 are effective procedures in place to adequately safe22 guard against diversion of the marijuana from legiti23 mate medical or scientific use, in accordance with 

24 subparagraph (E). 


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

2 for registration under this paragraph unless the Attorney 

3 General determines that the issuance of the registration 

4 would be inconsistent with the public interest. In deter5 mining the public interest, the following factors shall be 

6 considered: 

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

8 conducting research with respect to, controlled sub9 stances. 

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

11 Federal or State laws relating to the manufacture, 

12 distribution, or dispensing of controlled substances. 

13 ‘‘(iii) Compliance with applicable State, Fed14 eral, or local laws relating to controlled substances. 

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

16 may threaten the public health and safety. 

17 ‘‘(C) Not later than 90 days after the date of enact18 ment of the Medical Marijuana Research Act of 2019, for 

19 purposes of subparagraph (A)(ii)(II), the National Insti20 tutes of Health shall establish a process that— 

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

22 the research protocol of the researcher for review 

23 and approval; and 


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

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

3 date on which the research protocol is submitted. 

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

5 which the Attorney General receives a complete applica6 tion for registration under this paragraph, the Attorney 

7 General shall approve or deny the application. 

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

9 be deemed complete when the applicant has submitted 

10 documentation showing that the requirements under sub11 paragraph (A) are satisfied. 

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

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

14 locked, substantially constructed cabinet. 

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

16 measures required by the Attorney General for practi17 tioners conducting research with marijuana pursuant to 

18 a registration under this paragraph shall be consistent 

19 with the security measures for practitioners conducting re20 search on other controlled substances in schedule II that 

21 have a similar risk of diversion and abuse. 

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

23 for registration under this paragraph, the applicant may 

24 amend or supplement the research protocol without re25 applying if the applicant does not— 


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

2 drug, or the conditions under which the drug is 

3 stored, tracked, or administered; or 

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

5 ‘‘(ii) If an applicant amends or supplements the re6 search protocol or initiates research on a new research 

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

8 renew the registration under this paragraph, provide no9 tice to the Attorney General of the amended or supple10 mented research protocol or any new research protocol in 

11 the applicant’s renewal materials. 

12 ‘‘(iii)(I) If an applicant amends or supplements a re13 search protocol and the amendment or supplement in14 volves a change to the type of drug, the source of the drug, 

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

16 administered or otherwise increases the risk of diversion, 

17 the applicant shall provide notice to the Attorney General 

18 not later than 30 days before proceeding on such amended 

19 or supplemental research or new research protocol, as the 

20 case may be. 

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

22 the 30-day period following a notification under subclause 

23 (I), the applicant may proceed with the amended or sup24 plemental research or new research protocol. 


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1 ‘‘(iv) The Attorney General may object to an amend2 ed or supplemental protocol or a new research protocol 

3 under clause (i) or (iii) only if additional security meas4 ures are needed to safeguard against diversion or abuse. 

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

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

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

8 a controlled substance in the applicable schedule shall 

9 apply to research with marijuana or that compound, as 

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

11 through (F) of this paragraph.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 102(16) of the Controlled Substances Act (21 

14 U.S.C. 802(16)) is amended by inserting ‘‘or ‘mari15 juana’ ’’ after ‘‘The term ‘marihuana’ ’’. 

16 (e) MANUFACTURE AND DISTRIBUTION OF MARI17 JUANA FOR USE IN LEGITIMATE, MEDICAL RESEARCH.— 

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

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

20 by adding at the end the following: 

21 ‘‘(k) REGISTRATION OF PERSONS TO MANUFACTURE

22 AND DISTRIBUTE MARIJUANA FOR USE IN LEGITIMATE, 

23 MEDICAL RESEARCH.— 

24 ‘‘(1) REGISTRATION OF MANUFACTURERS.—Be25 ginning not later than the day that is 1 year after 


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1 the date of enactment of the Medical Marijuana Re2 search Act of 2019, the Attorney General shall reg3 ister an applicant to manufacture marijuana to the 

4 extent the marijuana will be used exclusively by 

5 qualified medical marijuana researchers for research 

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

7 General determines that the issuance of such reg8 istration is inconsistent with the public interest. In 

9 determining the public interest, the Attorney Gen10 eral shall— 

11 ‘‘(A) take into consideration— 

12 ‘‘(i) maintenance of effective controls 

13 against diversion of marijuana and any 

14 controlled substance compounded there15 from into other than legitimate medical, 

16 scientific, or research channels; 

17 ‘‘(ii) compliance with applicable State 

18 and local law; and 

19 ‘‘(iii) prior conviction record of the 

20 applicant under Federal or State laws re21 lating to the manufacture, distribution, or 

22 dispensing of such substances; and 

23 ‘‘(B) not take into consideration any fac24 tors other than the factors listed in subpara25 graph (A). 


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1 ‘‘(2) REGISTRATION OF DISTRIBUTORS.—Begin2 ning not later than the day that is 1 year after the 

3 date of enactment of the Medical Marijuana Re4 search Act of 2019, the Attorney General shall reg5 ister an applicant to distribute marijuana that is in6 tended to be used exclusively by qualified medical 

7 marijuana researchers for research pursuant to sub8 section (f)(3), unless the Attorney General deter9 mines that the issuance of such registration is incon10 sistent with the public interest. In determining the 

11 public interest, the Attorney General shall— 

12 ‘‘(A) take into consideration— 

13 ‘‘(i) maintenance of effective controls 

14 against diversion of marijuana and any 

15 controlled substance compounded there16 from into other than legitimate medical, 

17 scientific, or research channels; 

18 ‘‘(ii) compliance with applicable State 

19 and local law; 

20 ‘‘(iii) prior conviction record of the 

21 applicant under Federal or State laws re22 lating to the manufacture, distribution, or 

23 dispensing of such substances; and 

24 ‘‘(iv) past experience in the distribu25 tion of controlled substances, and the existVerDate Sep 11 2014 18:25 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1119.IH H1119

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1 ence in the establishment of effective con2 trols against diversion; and 

3 ‘‘(B) not take into consideration any fac4 tors other than the factors listed in subpara5 graph (A). 

6 ‘‘(3) NO LIMIT ON NUMBER OF MANUFACTUR7 ERS AND DISTRIBUTORS.—Notwithstanding any 

8 other provision of law, the Attorney General shall 

9 not impose or implement any limit on the number of 

10 persons eligible to be registered to manufacture or 

11 distribute marijuana pursuant to paragraph (1) or 

12 (2). 

13 ‘‘(4) REQUIREMENT TO VERIFY USE FOR LE14 GITIMATE, MEDICAL RESEARCH.—As a condition on 

15 registration under this section to manufacture or 

16 distribute marijuana, the Attorney General shall re17 quire the registrant— 

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

19 marijuana will be supplied to submit docu20 mentation demonstrating that the marijuana 

21 will be used exclusively by qualified medical 

22 marijuana researchers for research pursuant to 

23 subsection (f)(3); and 

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

25 of such documentation, and before supplying 


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1 the marijuana to such person, to review such 

2 documentation and verify that the marijuana 

3 will be so used. 

4 ‘‘(5) TIMING.—Not later than 30 days after re5 ceipt of a request for registration under this sub6 section to manufacture or distribute marijuana, the 

7 Attorney General shall— 

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

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

10 written explanation of the basis for the denial. 

11 ‘‘(6) DEFINITION.—For purposes of this sub12 section, the term ‘qualified medical marijuana re13 searcher’ means a researcher who is registered to 

14 conduct research with marijuana under subsection 

15 (f)(3).’’. 

16 (f) TERMINATION OF INTERDISCIPLINARY REVIEW

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

18 Secretary may not— 

19 (1) reinstate the Public Health Service inter20 disciplinary review process described in the guidance 

21 entitled ‘‘Guidance on Procedures for the Provision 

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

23 21, 1999); or 

24 (2) create an additional review of scientific pro25 tocols that is only conducted for research on mariVerDate Sep 11 2014 18:25 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1119.IH H1119

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1 juana other than the review of research protocols 

2 performed at the request of a researcher conducting 

3 nonhuman research that is not federally funded, in 

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

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

6 823(f)(3)(A)(ii)(II)), as amended by subsection (d). 

7 (g) CONSIDERATION OF RESULTS OF RESEARCH.— 

8 Immediately upon the approval by the Food and Drug Ad9 ministration of an application for a marijuana-based drug 

10 under section 505 of the Federal Food, Drug, and Cos11 metic Act (21 U.S.C. 355), and (irrespective of whether 

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

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

14 Secretary shall— 

15 (1) conduct a review of existing medical and 

16 other research with respect to marijuana; 

17 (2) submit a report to the Congress on the re18 sults of such review; and 

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

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

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

22 as well as any potential for medical benefits, any 

23 gaps in research, and any impacts of Federal restric24 tions and policy on research, marijuana should be 


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1 transferred to a schedule other than schedule I (if 

2 marijuana has not been so transferred already). 

3 (h) NO PRODUCTION QUOTAS FOR MARIJUANA

4 GROWN FOR LEGITIMATE, MEDICAL RESEARCH.—Section 

5 306 of the Controlled Substances Act (21 U.S.C. 826) is 

6 amended by adding at the end the following: 

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

8 for production of marijuana that is manufactured and dis9 tributed in accordance with the Medical Marijuana Re10 search Act of 2019 that meets the changing medical, sci11 entific, and industrial needs for marijuana.’’. 

12 (i) ARTICLE 28 OF THE SINGLE CONVENTION ON

13 NARCOTIC DRUGS.—Article 28 of the Single Convention 

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

15 impose additional restrictions upon, research involving 

16 marijuana, or the manufacture, distribution, or dispensing 

17 of marijuana, that is conducted in accordance with the 

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

19 section, and the amendments made by this section. 

20 (j) NO INTERFERENCE BY DEPARTMENT OF JUS21 TICE.—The Attorney General, and any officer or employee 

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

23 production, distribution, and sale of marijuana in accord24 ance with this section and the amendments made by this 

25 section. 


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47 

•HR 1119 IH

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

2 DEPARTMENT OF VETERANS AFFAIRS OF 

3 RECOMMENDATIONS AND OPINIONS RE4 GARDING VETERAN PARTICIPATION IN 

5 STATE MARIJUANA PROGRAMS. 

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

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

8 (b) AUTHORIZATION.—Notwithstanding any other 

9 provision of law, the Secretary of Veterans Affairs shall 

10 authorize physicians and other health care providers em11 ployed by the Department of Veterans Affairs— 

12 (1) to provide recommendations and opinions to 

13 veterans who are residents of States with State 

14 marijuana programs regarding the participation of 

15 veterans in such State marijuana programs; and 

16 (2) to complete forms reflecting such rec17 ommendations and opinions. 

18 SEC. 403. PROVISION BY MEDICAL PROFESSIONALS OF THE 

19 INDIAN HEALTH SERVICE OF RECOMMENDA20 TIONS AND OPINIONS REGARDING PARTICI21 PATION IN STATE MARIJUANA PROGRAMS. 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, IHS medical professionals are au24 thorized to make medical recommendations to their 

25 patients with regard to marijuana and to complete 

26 forms reflecting such recommendations. 


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48 

•HR 1119 IH

1 (2) DEFINITIONS.—In this subsection: 

2 (A) IHS MEDICAL PROFESSIONAL.—The 

3 term ‘‘IHS medical professional’’ means a phy4 sician or other health professional furnishing 

5 services through an Indian health program (as 

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

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

8 1616a(a)(2))). 

9 (B) RECOMMENDATIONS.—The term ‘‘rec10 ommendations’’ does not include dispensing (as 

11 defined in section 102 of the Controlled Sub12 stances Act (21 U.S.C. 802)). 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS