Sec. 802. Cannabis Products Advisory Committee
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There is established the Cannabis Products Advisory Committee (in this section referred to as the Committee ). The Committee shall advise any relevant Federal regulatory body, agency, or bureau regarding the administration of this Act (including any amendments made by this Act). The Committee shall be composed of 22 members who are appointed by the Secretary of Health and Human Services (in this section referred to as the Secretary ). The Secretary shall make the appointments described in subparagraph
(A)not later than 60 days after the date of enactment of this section. Each member of the Committee shall serve a term of 5 years from the date of appointment by the Secretary. No member may be removed prior to the expiration of his or her term without a showing of good cause. A member may be reappointed but may not serve more than 2 terms. Any vacancy in the Committee shall be filled by the Secretary not later than 90 days after the vacancy. A member appointed to fill a vacancy in the Committee shall serve as a member of the Committee for the remainder of the original term of appointment. The Committee shall be composed of the following members: Three representatives from the cannabis industry, not less than 1 of which is an individual representing a historically underrepresented community or an individual adversely impacted by the War on Drugs (as defined in section 301 of this Act), including— 2 individuals who represent the viewpoint of cannabis cultivators and processors; and 1 individual who represents the viewpoint of cannabis wholesalers and retailers. One individual with experience in equity and social justice advocacy with respect to the cannabis industry and criminal justice. One individual who represents the viewpoint of State cannabis regulators. One individual who represents the viewpoint of cannabis consumers and patients. Four individuals who are technically qualified by training and experience in public health, medicine, or other sciences, including— 2 individuals with domestic or international cannabinoid research experience, 1 of whom shall also have experience treating patients using medical cannabis; and 2 individuals with experience in substance use and misuse prevention, intervention, and treatment, 1 of whom shall have such experience pertaining to individuals under 21 years of age. One individual with experience in public safety with respect to cannabis and the cannabis industry. One representative from the Office of National Drug Control Policy. One representative from the Department of Veterans Affairs. One representative from the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. One representative from the National Governors Association. One representative from the Department of Transportation. Four representatives from the Department of Health and Human Services, including from the Food and Drug Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Substance Abuse and Mental Health Services Administration. One labor union representative. One representative from an Indian Tribe. The Secretary shall furnish the Committee clerical and other assistance to enable the Committee to perform its duties. A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate fixed by the Secretary, which may not exceed the daily equivalent of the rate in effect under the Senior Executive Schedule under section 5382 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. While away from their home or regular place of business in the performance of services for the Committee, a member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. The Committee shall select a Chair from among the members of the Committee. The Committee may establish subcommittees to facilitate the ability of the Committee to discharge its duties (as described in subsection (c)). The Committee shall— consider all matters submitted to it by the Secretary; on its own initiative, recommend to the Secretary guidelines, rules, and regulations and any changes to guidelines, rules, and regulations that the Committee considers important or necessary for the Secretary’s review and consideration, with a focus on ensuring equity and social justice in such guidelines, rules, and regulations; consider the safety of introducing new cannabis products into the market; review and recommend public health surveillance activities to monitor population-level health effects with respect to cannabis; identify and prioritize gaps in the science important to public health and medicine with respect to cannabis; make recommendations to the Secretary of the Treasury regarding approval of waivers of disqualifying offenses with respect to permit applications under section 302(a)(2)(B) of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) (as added by section 511); and not later than 1 year after the date of enactment of this section, and annually thereafter, publish a publicly available report describing the activities of the Committee, including any recommendations the Committee made to the Secretary during the reporting period and whether such recommendations were implemented. The Committee shall meet on a quarterly basis but may meet more frequently if necessary. Subject to clause (ii), the Chair may cancel a Committee meeting not less than 3 business days prior to such meeting if, in consultation with the members of the Committee, the Chair determines— the meeting is not needed; or there will not be a quorum present at such meeting. Any meeting may be canceled by the Chair at any time due to inclement weather or an emergency situation. A majority of the members of the Committee shall constitute a quorum. A quorum of members shall be required for any decision of the Committee. In the absence of such a quorum, any business transacted by the Committee shall be null and void, except any measure taken to obtain a quorum or to reschedule another meeting. Any decision by or recommendation to the Secretary of the Treasury or the Secretary of Health and Human Services from the Committee shall be adopted by a majority vote of the Committee. Decision-making by the Committee shall be by consensus when possible. If consensus cannot be reached by the Committee, a vote of the members of the Committee will be taken. To take a vote under subclause (I), a quorum of the members shall be present. The results of any vote taken under subclause
(I)shall be recorded, as well as any statement of concurrence or disagreement, if applicable. A member may fully participate in a meeting via teleconference. Any discussion of the Committee relative to the work of the Committee is regarded as confidential information and may not be discussed in any form outside the context of the Committee meetings. Any materials submitted to the Committee under section 302(a)(2)(B) of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) (as added by section 511), and any transcript made with respect to such submission regarding any particular person, shall be redacted. Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any part of a meeting held by the Committee with respect to a waiver request submitted to the Committee under section 302(a)(2)(B) of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) (as added by section 511). A member of the Committee may not make a statement of policy that purports to be that of the Committee unless the Committee has adopted such a policy, except that any such member shall not be prohibited from stating his or her personal opinion, provided the opinion is clearly identified as such. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.
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Sec. 802
Cannabis Products Advisory Committee
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