Sec. 5. Research
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/bill/115/s/1374/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall terminate the Public Health Service interdisciplinary review process described in the guidance entitled Guidance on Procedures for the Provision of Marijuana for Medical Research (issued on May 21, 1999). Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Drug Enforcement Administration, shall issue not less than 3 licenses under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) to manufacture and distribute marijuana and marijuana-derivatives for research approved by the Food and Drug Administration.
Section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ) is amended— by redesignating paragraphs
(1)through
(5)as subparagraphs
(A)through (E), respectively; by striking
(f)The Attorney General and inserting (f)(1) The Attorney General ; by striking Registration applications and inserting the following: Registration applications ; in paragraph (2), as so designated, by striking schedule I each place that term appears and inserting schedule I, except marijuana, ; by striking Article 7 and inserting the following: Article 7 ; and by inserting before paragraph (4), as so designated, the following: Not later than 180 days after the date of enactment of this paragraph, the Secretary shall promulgate regulations that require the Secretary to register a practitioner to conduct research on marihuana if— the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; and the applicant’s research protocol— has been reviewed and allowed by— the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ); or the National Institutes of Health or another Federal agency that funds scientific research; or in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health. The Secretary shall grant an application for registration under this paragraph unless the Secretary determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors: The applicant's experience in dispensing, or conducting research with respect to, controlled substances. Compliance with applicable Federal or State laws relating to controlled substances. Conduct by the applicant that may threaten the public health and safety. . Section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ) is amended by inserting or after marijuana The term . marihuana
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