S.Amdt. 1225

SA 1225. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. MARIJUANA.

(a) In General.--The Secretary of Health and Human Services shall--

(1) require that if a State permits the use of marijuana without adhering to the established legal processes associated with the Federal Food, Drug, and Cosmetic Act, the State-permitted marijuana shall be subject to the full regulatory requirements of the Food and Drug Administration, including a risk evaluation and mitigation strategy and all other requirements and penalties of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) regarding safe and effective reviews, approval, sale, marketing, and use of pharmaceuticals; and

(2) require that any State-permitted marijuana likely to be offered to, or purchased by, consumers as marijuana intended to be consumed as a cigarette will be subject to section 900 of the Federal Food Drug and Cosmetic Act (as amended by section 101).

(b) Modification of State Laws.--

(1) In general.--Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) is amended--

(A) in the section heading, by inserting “AND MARIJUANA” after “TOBACCO”;

(B) in subsection (a)(1), by inserting “or marijuana” after “tobacco”; and

(C) in subsection (b)--

(i) in paragraph (1), by inserting “and marijuana” after “tobacco”; and

(ii) in paragraph (2)(B)(ii), by inserting “and marijuana” after “tobacco”.

(2) Effective date.--The amendments made by paragraph (1) shall apply with respect to State laws beginning in fiscal year 2010, except that in the case of a State whose legislature does not convene a regular session in fiscal year 2009, such amendments shall apply beginning in fiscal year 2011.