S.Amdt. 991
What it does: Adds SEC. __. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED MARIJUANA PROGRAMS wherever appropriateWhat it changes
1 change to H.R. 3055
Adds SEC. __. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED MARIJUANA PROGRAMS wherever appropriate
Adds a sectionInserted: SEC. __. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED MARIJUANA PROGRAMS.
Inserted: (a) In General.--The Attorney General shall--
Inserted: (1) to complete a study, not later than 18 months after the date of enactment of this Act, on the effects of State legalized marijuana programs on criminal justice in the respective States; and
Inserted: (2) upon the completion of the initial study pursuant to paragraph (1), to prepare or update a report on the results of such study and submit such report to the Congress.
Inserted: (b) Study Considerations.--The study pursuant to subsection (a)(1) shall consider the effects of State legalized marijuana programs with respect to criminal justice, including the following:
Inserted: (1) 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--
Inserted: (A) the rates of such arrests at the Federal level, including the number of Federal prisoners so arrested, disaggregated by sex, age, race, and ethnicity of the prisoners; and
Inserted: (B) the rates of such arrests at the State level, including the number of State prisoners so arrested, disaggregated by sex, age, race, and ethnicity.
Inserted: (2) The rates of arrests and citations at the Federal and State levels related to teenage use of marijuana.
Inserted: (3) The rates of arrests at the Federal and State levels for unlawful driving under the influence of a substance, and the rates of such arrests involving marijuana.
Inserted: (4) The rates of marijuana-related prosecutions, court filings, and imprisonments.
Inserted: (5) 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 laws.
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Inserted: (6) 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.
Inserted: (c) Report Contents.--The report pursuant to subsection (a)(2) shall--
Inserted: (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;
Inserted: (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
Inserted: (3) describe--
Inserted: (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
Inserted: (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.
Inserted: (d) Best Practices for Data Collection by States.--Best practices developed pursuant to this section shall consist of best practices for the collection by States of the information described in the items listed in subsection (b), including best practices for improving--
Inserted: (1) data collection;
Inserted: (2) analytical capacity;
Inserted: (3) research integrity; and
Inserted: (4) the comparability of data across States.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
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As printed
SA 991. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill H.R. 3055, making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2020, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT CONCERNING THE EFFECTS OF STATE LEGALIZED MARIJUANA PROGRAMS.
(a) In General.--The Attorney General shall--
(1) to complete a study, not later than 18 months after the date of enactment of this Act, on the effects of State legalized marijuana programs on criminal justice in the respective States; and
(2) upon the completion of the initial study pursuant to paragraph (1), to prepare or update a report on the results of such study and submit such report to the Congress.
(b) Study Considerations.--The study pursuant to subsection (a)(1) shall consider the effects of State legalized marijuana programs with respect to criminal justice, including the following:
(1) 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--
(A) the rates of such arrests at the Federal level, including the number of Federal prisoners so arrested, disaggregated by sex, age, race, and ethnicity of the prisoners; and
(B) the rates of such arrests at the State level, including the number of State prisoners so arrested, disaggregated by sex, age, race, and ethnicity.
(2) The rates of arrests and citations at the Federal and State levels related to teenage use of marijuana.
(3) The rates of arrests at the Federal and State levels for unlawful driving under the influence of a substance, and the rates of such arrests involving marijuana.
(4) The rates of marijuana-related prosecutions, court filings, and imprisonments.
(5) 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 laws.
(6) 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.
(c) Report Contents.--The report 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.
(d) Best Practices for Data Collection by States.--Best practices developed pursuant to this section shall consist of best practices for the collection by States of the information described in the items listed in subsection (b), including 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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Senate amendment submitted
October 23, 2019