S.Amdt. 1284

1. Rewrites the text S.Amdt. 1225 would insert

   Rewrites S.Amdt. 1225In place of the text S.Amdt. 1225 would insert

   In S.Amdt. 1225 as proposed

   Struck: SEC. __. MARIJUANA.

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

   Struck: (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

   Struck: (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).

   Show 8 more struck paragraphsShow less

   Struck: (b) Modification of State Laws.--

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

   Struck: (A) in the section heading, by inserting "AND MARIJUANA" after "TOBACCO";

   Struck: (B) in subsection (a)(1), by inserting "or marijuana" after "tobacco"; and

   Struck: (C) in subsection (b)--

   Struck: (i) in paragraph (1), by inserting "and marijuana" after "tobacco"; and

   Struck: (ii) in paragraph (2)(B)(ii), by inserting "and marijuana" after "tobacco".

   Struck: (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.

   Inserted: SEC. __. IMMEDIATE, MANDATORY EVALUATION OF POTENTIAL VIOLATIONS OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

   Inserted: (a) Immediate, Mandatory Evaluation and Report.--

   Inserted: (1) Immediate, mandatory evaluation.--The Secretary of Health and Human Services shall conduct an evaluation of the manufacture, distribution, and use of marijuana in States that have enacted laws legalizing, decriminalizing, or otherwise allowing the use of marijuana for purported medical use to determine--

   Inserted: (A) whether such activity conflicts with any provision of Federal law for which the Department of Health of Human Services is responsible; and

   Inserted: (B) whether such medical marijuana programs conflict with any provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that is designed to ensure the safety and effectiveness of drugs used by the American public.

   Inserted: (2) Report.--Not later than 90 days after the date of enactment of this Act, and after an opportunity for public comment, the Secretary of Health and Human Services shall submit to Congress a report concerning the findings of the evaluation conducted under paragraph (1).

   Inserted: (b) Report on Research.--The Secretary of Health and Human Services shall report to Congress on efforts to respond to privately-funded research to evaluate marijuana for possible prescription use, after being subjected to the full regulatory processes, evaluations, and requirements of the Food and Drug Administration, including Phase II and III studies, risk evaluation and mitigation strategy, and all other requirements 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.

   Original wording

   In lieu of the matter proposed to be inserted, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed