Marijuana Data Collection Act
Bill: S.1456 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Health

Summary:
Marijuana Data Collection Act
This bill requires the Department of Health and Human Services, in coordination with the Department of Justice, the Department of Labor, and relevant state agencies, to enter into an arrangement with the National Academy of Sciences in order to study the effects of marijuana legalization in states for medicinal or non-medicinal use.

To direct the Secretary of Health and Human Services to enter into a 
 10-year arrangement with the National Academy of Sciences to conduct 
    and update biennially a study on the effects of State legalized 
              marijuana programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marijuana Data Collection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nearly two-thirds of Americans--about 68 percent--favor 
        marijuana legalization.
            (2) A total of 33 States, the District of Columbia, Puerto 
        Rico, and Guam have legalized marijuana for medicinal use, and 
        of those, 10 States and the District of Columbia have legalized 
        marijuana for adult non-medicinal use.
            (3) Despite State legalization, marijuana remains illegal 
        under Federal law, listed in schedule I under the Controlled 
        Substances Act (21 U.S.C. 801 et seq.).
            (4) Every day, more Americans die from overdosing on 
        opioids. In 2016, the Centers for Disease Control and 
        Prevention estimated that more than 42,000 Americans died from 
        opioid-related drug overdoses. President Trump has, on 2 
        separate occasions, declared the opioid crisis as a public 
        health emergency.
            (5) Studies suggest that increased access to marijuana is 
        associated with reductions in opioid abuse and opioid-related 
        deaths, among other economic and social benefits:
                    (A) A study published in the Journal of the 
                American Medical Association (JAMA) in 2014 that 
                compared mortality rates between States that legalized 
                medical marijuana versus States that have not legalized 
                medical marijuana found that States that had legalized 
                medical marijuana had, on average, 20 percent fewer 
                opioid-related overdose deaths in the first year of 
                legalization compared to States that had not legalized 
                marijuana. This difference widened in subsequent years 
                after legalization.
                    (B) A study published in the American Journal of 
                Public Health in 2017 found that opioid-related deaths 
                tended to decline after the legalization of non-
                medicinal marijuana for adults in the State of 
                Colorado. This study estimated a 6.5-percent reduction 
                in opioid-related deaths compared to pre-legalization.
            (6) Due to marijuana legalization, States have generated 
        millions in taxes and revenue and have allocated these funds 
        into public health, education, economic development, 
        restorative justice, and job creation, such as--
                    (A) substance use disorder treatment and drug use 
                prevention programs;
                    (B) school construction;
                    (C) behavioral health programs;
                    (D) State alcohol and drug treatments funds;
                    (E) basic health plans;
                    (F) community residential centers;
                    (G) youth drug use prevention;
                    (H) jail diversion;
                    (I) mental health treatment; and
                    (J) job creation and placement.
            (7) A robust and properly regulated marijuana industry 
        wherein States are allowed to operate marijuana programs free 
        from Federal interference stands to benefit States' public 
        health, education, economic, and law enforcement and judicial 
        sectors.

SEC. 3. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED MARIJUANA 
              PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services, in 
coordination with the Attorney General, the Secretary of Labor, and (to 
the greatest extent possible) with relevant State agencies responsible 
for health programs and activities in States that have legalized 
marijuana for medicinal or non-medicinal use, shall enter into a 10-
year arrangement with the National Academy of Sciences--
            (1) to complete a study, not later than 18 months after the 
        date of enactment of this Act, and to update such study on a 
        biennial basis thereafter for the duration of the arrangement 
        period, on the effects of State legalized marijuana programs on 
        the economy, public health, criminal justice, and employment in 
        the respective States;
            (2) upon the completion of the initial study pursuant to 
        paragraph (1) and upon each update to the study, to prepare or 
        update a report on the results of such study and submit such 
        report to Congress; and
            (3) not later than 30 days after the date of submission of 
        the initial report under paragraph (2), develop and publish 
        best practices on data collection under subsection (e).
    (b) Study Considerations.--The study pursuant to subsection (a)(1) 
shall consider the effects of State legalized marijuana programs, 
including yearly rates and trends over the course of the study under 
such subsection, with respect to the following:
            (1) Revenues and state allocations.--
                    (A) The monetary amounts generated through 
                revenues, taxes, and any other financial benefits.
                    (B) The purposes and relative amounts for which 
                such funds were used.
                    (C) The total impact on the State and its budget.
            (2) Medicinal use of marijuana.--
                    (A) The rates of medicinal use of marijuana among 
                different population groups, including children, the 
                elderly, veterans, and individuals with disabilities.
                    (B) The purpose of such use.
                    (C) Which medical conditions medical marijuana is 
                most frequently purchased and used for.
            (3) Substance use.--
                    (A) The rates of overdoses with opioids and other 
                painkillers.
                    (B) The rates of admission in health care 
                facilities, emergency rooms, and volunteer treatment 
                facilities related to overdoses with opioids and other 
                painkillers.
                    (C) The rates of opioid-related and other 
                painkiller-related crimes to one's self and to the 
                community.
                    (D) The rates of opioid prescriptions and other 
                pain killers.
            (4) Impacts on criminal justice.--
                    (A) The rates of marijuana-related arrests for 
                possession, cultivation, and distribution, and of these 
                arrests, the percentages that involved a secondary 
                charge unrelated to marijuana possession, cultivation, 
                or distribution, including--
                            (i) the rates of such arrests on the 
                        Federal level, including the number of Federal 
                        prisoners so arrested, disaggregated by sex, 
                        age, race, and ethnicity of the prisoners; and
                            (ii) the rates of such arrests on the State 
                        level, including the number of State prisoners 
                        so arrested, disaggregated by sex, age, race, 
                        and ethnicity.
                    (B) The rates of arrests and citations on the 
                Federal and State levels related to teenage use of 
                marijuana.
                    (C) The rates of arrests on the Federal and State 
                levels for unlawful driving under the influence of a 
                substance, and the rates of such arrests involving 
                marijuana.
                    (D) The rates of marijuana-related prosecutions, 
                court filings, and imprisonments.
                    (E) The total monetary amounts expended for 
                marijuana-related enforcement, arrests, court filings 
                and proceedings, and imprisonment before and after 
                legalization, including Federal expenditures 
                disaggregated according to whether the laws being 
                enforced were Federal or State.
                    (F) The total number and rate of defendants in 
                Federal criminal prosecutions asserting as a defense 
                that their conduct was in compliance with applicable 
                State law legalizing marijuana usage, and the effects 
                of such assertions.
            (5) Employment.--
                    (A) The amount of jobs created in each State, 
                differentiating between direct and indirect employment.
                    (B) The amount of jobs expected to be created in 
                the next 5 years, and in the next 10 years, as a result 
                of the State's marijuana industry.
    (c) Study Timeframe.--The study pursuant to subsection (a)(1) shall 
consider the data collected and analyzed in connection with the items 
listed in subsection (b) in the respective States to the extent 
possible across the period--
            (1) beginning 5 years before the effective date of 
        legalization of marijuana in the State; and
            (2) ending on a date determined by the National Academy of 
        Sciences to allow collection and analysis of the most recent 
        data available.
    (d) Report Contents.--Reports pursuant to subsection (a)(2) shall--
            (1) address both State programs that have legalized 
        marijuana for medicinal use and those that have legalized 
        marijuana for adult non-medicinal use and to the extent 
        practicable distinguish between such programs and their 
        effects;
            (2) include a national assessment of average trends across 
        States with such programs in relation to the effects on 
        economy, public health, criminal justice, and employment in the 
        respective States, including with respect to the items listed 
        in subsection (b); and
            (3) describe--
                    (A) any barriers that impeded the ability to 
                complete or update aspects of the study required by 
                subsection (a)(1) and how such barriers can be overcome 
                for purposes of future studies; and
                    (B) any gaps in the data sought for the study 
                required by subsection (a)(1) and how these gaps can be 
                eliminated or otherwise addressed for purposes of 
                future studies.
    (e) Best Practices for Data Collection by States.--The best 
practices pursuant to subsection (a)(3) shall consist of best practices 
for the collection by States of the information described in the items 
listed in subsection (b), including such best practices for improving--
            (1) data collection;
            (2) analytical capacity;
            (3) research integrity; and
            (4) the comparability of data across States.
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