Higher Education Marijuana Research Act of 2023

To streamline the process for institutions of higher education to research marijuana. 1. Short title This Act may be cited as the Higher Education Marijuana Research Act of 2023 2. Marijuana for research purposes (a) Priority factors Section 303(a) of the Controlled Substances Act ( 21 U.S.C. 823(a) (1) in paragraph (5), by striking ; and (2) in paragraph (6), by striking the period at the end and inserting ; and (3) by adding the following: (7) whether the applicant is an institution of higher education or a State or local government entity. . (b) Report on certain licenses (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Attorney General, acting through the Drug Enforcement Administration, shall submit a report to Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, including— (A) the number of applications for licenses under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 (B) the status of each application received in the previous year; and (C) if applicable, the reason an application was denied. (2) Name with consent With the consent of the applicant, the Attorney General, acting through the Drug Enforcement Administration, may submit in the report under subparagraph (A) the name of the applicant. (c) Obtaining marijuana for research purposes (1) In general Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. 20 U.S.C. 7101 et seq. (2) Additional research purposes Marijuana obtained by an institution of higher education pursuant to paragraph (1) may be used to study the type of marijuana in a State’s marketplace, public health considerations of marijuana policies in the State, and any potential medical benefits of marijuana. (3) Prohibited research purposes Marijuana obtained by an institution of higher education from a State or tribal law enforcement agency shall not be administered to individuals. (d) Participation in research (1) Student participation Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. 20 U.S.C. 7101 et seq. (2) Institution of higher education Notwithstanding any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. 20 U.S.C. 7101 et seq. (3) Impact on immigration status The immigration status of a covered student or covered researcher who participates in covered research, conducted by an institution of higher education in a controlled setting, involving marijuana shall not be impacted by such participation. (e) Definitions In this section: (1) Controlled setting The term controlled setting (2) Covered student The term covered student (3) Covered research The term covered research (4) Covered researcher The term covered researcher (5) Indian tribe The term Indian tribe 25 U.S.C. 5304(e) (6) State or Tribal government marijuana regulatory body The term State or tribal government marijuana regulatory body (7) State or Tribal law enforcement agency The term State or tribal law enforcement agency 3. Drug Enforcement Administration license process to study marijuana Not later than 90 days after the date of the enactment of this Act, the Administrator of the Drug Enforcement Administration shall establish an Office of University Relations to— (1) provide technical assistance to a researcher or institution of higher education seeking to register for the manufacture, distribution, or dispensation of a controlled substance under part C of title II of the Controlled Substances Act ( 21 U.S.C. 821 et seq. (2) develop any technology necessary to provide the opportunity for a researcher or institution of higher education to amend an application prior to submission. 4. Institution of higher education partnership (a) Institution of higher education partnership (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Director of the National Institutes of Health shall establish working group to produce recommendations on how to simplify and streamline the registration process for studying marijuana at institutions of higher education. (2) Participants The working group established in paragraph (1) shall include: (A) 2 appointees from the National Institutes of Health. (B) 2 appointees from the Food and Drug Administration. (C) 2 appointees from the Drug Enforcement Administration. (D) 2 appointees from two different institution of higher education, appointed by the individuals under subparagraphs (A), (B), and (C) based on their prior study of marijuana. (3) Responsibilities Not later than one year after the date of the enactment of this Act, the working group established under paragraph (1) shall submit a report to the Committee on Education and the Workforce, Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate including— (A) a summary of the status of marijuana research at institutions of higher education in the United States; and (B) a list of recommendations to improve the academic study of marijuana. 5. Grant program for universities to study marijuana (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Director of the National Institutes of Health shall establish a program (in this section referred to as the “Program”) within the National Institute of Drug Abuse to study marijuana for potential medical benefits. (b) Grant authority In carrying out the Program, the Director may award a grant on a competitive basis in accordance with this section. (c) Eligible recipients The Director may award a grant under the Program to an institution of higher education determined by the Director to have the authority and capability to carry out a project described in subsection (d). (d) Eligible projects Grant funds awarded under the Program may only be used to study marijuana for medical or public health purposes. (e) Applications To be eligible for a grant under the Program, an eligible recipient shall submit to the Director an application in such form, at such time, and containing such information as the Director determines to be appropriate. (f) Priority In making a grant under the Program, the Director shall give priority to an institution of higher education in a State or tribal land where use of marijuana for recreational or medical use is legal, accounting for geographic diversity and whether the institution of higher education is a minority institution. (g) Authorization of appropriations There is authorized to be appropriated to the Director to carry out this section, $15,000,000 for each of the fiscal years 2023 to 2027. 6. Grant program for universities to study marijuana for agriculture purposes (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall establish a program (in this section referred to as the “Program”) to study marijuana for agriculture purposes, including conservation and growth techniques, impacts on other crops, and the impact of different strains of marijuana on other crops. (b) Grant authority In carrying out the Program, the Secretary may award a grant on a competitive basis in accordance with this section. (c) Eligible recipients The Secretary may award a grant under the Program to an institution of higher education determined by the Secretary to have the authority and capability to carry out a project described in subsection (d). (d) Eligible projects Grant funds awarded under the Program may only be used to study marijuana for agriculture purposes. (e) Applications To be eligible for a grant under the Program, an eligible recipient shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be appropriate. (f) Priority In making a grant under the Program, the Secretary shall give priority to an institution of higher education in a State or tribal land where use of marijuana for recreational or medical use is legal, accounting for geographic diversity and whether the institution of higher education is a minority institution. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section, $15,000,000 for each of the fiscal years 2023 to 2027. 7. Article 28 of single convention on narcotic drugs Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana, or the manufacture, distribution, or dispensing of marijuana, that is conducted in accordance with the Controlled Substances Act ( 21 U.S.C. 801 et seq. 8. Definitions In this Act: (1) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (2) Minority institution The term minority institution 20 U.S.C. 1067k (3) State The term State

Summary: Higher Education Marijuana Research Act of 2023This bill establishes programs and requirements to support marijuana research by institutions of higher education.For example, the bill requires the Drug Enforcement Administration (DEA) to report on the number and status of licenses awarded to entities seeking to manufacture controlled substances and to prioritize institutions of higher education and state or local government entities when awarding such licenses. The DEA must also establish an Office of University Relations to support the ability of researchers and institutions of higher education to obtain these licenses.The bill also specifies that institutions of higher education may obtain marijuana for research purposes from government entities of the state or tribal area in which they are located if doing so is legal in that state or tribal area, despite federal law. Further, any individual or institution of higher education may participate in such research without losing federal funds.Finally, the National Institutes of Health must establish (1) a working group to recommend ways to streamline the registration process for marijuana research, and (2) a grant program to support research into medical marijuana. The Department of Agriculture must establish a grant program to support research into marijuana agriculture.