Sec. 224. State cannabis-impaired driving prevention grant program
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Chapter 4 of title 23, United States Code, is amended by inserting after section 408 the following: In this section: The term cannabis has the meaning given the term in subsection
(ss)of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). The term grant program means the grant program established under subsection (b). The term THC has the meaning given the term in section 221 of the Cannabis Administration and Opportunity Act. Not later than 1 year after the date of enactment of the Cannabis Administration and Opportunity Act, the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall establish a program to provide grants to States, in accordance with subsection (c), to implement programs to prevent impaired driving due to cannabis use. The Secretary may provide a grant under this section to any State that— describes how the State will use the grant funds in accordance with a highway safety program under section 402, including how the State will implement the best practices developed by the Secretary under section 223(a)(1) of the Cannabis Administration and Opportunity Act; and agrees to provide data and information, as determined by the Secretary, to assist with the evaluation of the effectiveness of the eligible activities described in subsection (d). A State may use a grant awarded under this section for the following activities: Enforcement activities, including— to train public safety personnel to detect impaired driving due to the use of cannabis or a combination of cannabis and another substance; to increase the capacity of impaired driving toxicology testing laboratories in the State to support impaired driving investigations, including to purchase equipment, hire staff, provide training, and improve procedures, including to improve toxicology testing standards to be consistent with the standards contained in the document of the National Safety Council entitled Recommendations for Toxicological Investigation of Drug-Impaired Driving and Motor Vehicle Fatalities–2021 Update (or a successor document); to train for and implement impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of an individual convicted of driving under the influence of cannabis, or a combination of cannabis and another substance, and to determine the most effective mental health or substance abuse treatment or sanction that will reduce that risk; to develop and implement high-visibility enforcement efforts relating to cannabis-impaired driving; and for court support of high-visibility enforcement efforts, to train and educate criminal justice professionals (including law enforcement personnel, prosecutors, judges, and probation officers) to assist those professionals in— handling cannabis-impaired driving cases; hiring traffic safety resource prosecutors; hiring judicial outreach liaisons; and establishing driving while intoxicated courts. Data collection activities, including— to collect data relating to the use of cannabis, drugs, or multiple substances by drivers, including the prevalence of the use of those substances among drivers arrested for impaired driving; and to increase drug testing and reporting for all fatal crashes and serious injuries to better understand the scope of cannabis-impaired driving, or a combination of cannabis and another substance. Education activities, including— to develop and carry out educational campaigns to better educate the public about the harms associated with cannabis-impaired driving, including impaired driving associated with the use of cannabis and another substance; and to participate in national campaigns organized by the Secretary under section 223(a)(2) of the Cannabis Administration and Opportunity Act. The Secretary may prohibit the use of grant funds for an activity described in subsection
(d)if the Secretary determines that the activity is ineffective at preventing cannabis-impaired driving after conducting an evaluation required under section 223(b) of the Cannabis Administration and Opportunity Act. The allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the apportionment of funds a State receives under section 402(c)(2). Not less than 10 percent of the funds allocated to a State under this section shall be used to carry out activities described in subsection (d)(1)(B). For the first 3 fiscal years after the date on which the grant program is established under subsection (b), and each fiscal year thereafter for a State that meets the condition described in paragraph (2)(B) during that fiscal year, the Federal share of the costs of activities carried out with a grant awarded under the grant program shall be 80 percent in any fiscal year in which the State is awarded a grant. For any State that does not meet the condition described in subparagraph (B), the Federal share of the costs of activities carried out with a grant awarded under the grant program shall be— 70 percent in the fourth fiscal year after the date on which the grant program is established under subsection (b); 60 percent in the fifth fiscal year after that date; and 50 percent in the sixth fiscal year after that date and each fiscal year thereafter. The condition referred to in paragraph
(1)and subparagraph
(A)is that the State shall implement an open container law relating to cannabis products. In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $45,000,000 for each of fiscal years 2023 through 2027 to carry out this section. . The analysis for chapter 4 of title 23, United States Code, is amended by inserting after the item relating to section 408 the following: 409. State cannabis-impaired driving prevention grant program. .
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Sec. 224
State cannabis-impaired driving prevention grant program
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