[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3474 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3474
To amend the Federal Food, Drug, and Cosmetic Act to provide for the
regulation of cannabis and cannabinoid products, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2025
Mr. Wyden (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to provide for the
regulation of cannabis and cannabinoid products, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cannabinoid Safety
and Regulation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FOOD AND DRUG ADMINISTRATION REGULATION OF CANNABINOID
PRODUCTS
Sec. 101. FDA regulation of cannabinoid products.
Sec. 102. Amendments to the Federal Food, Drug, and Cosmetic Act.
Sec. 103. Regulation of cannabinoid beverages containing
tetrahydrocannabinol.
TITLE II--PUBLIC HEALTH
Sec. 201. Public health surveillance and data collection.
Sec. 202. Awards to prevent underage cannabis use.
TITLE III--CANNABIS-IMPAIRED DRIVING PREVENTION
Sec. 301. Definitions.
Sec. 302. Cannabis-impaired driving research.
Sec. 303. DOT cannabis-impaired driving prevention programs.
Sec. 304. State cannabis-impaired driving prevention grant program.
Sec. 305. National cannabis impairment standard.
Sec. 306. Funding.
TITLE I--FOOD AND DRUG ADMINISTRATION REGULATION OF CANNABINOID
PRODUCTS
SEC. 101. FDA REGULATION OF CANNABINOID PRODUCTS.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended by adding at the end the following:
``CHAPTER XI--CANNABINOID PRODUCTS
``SEC. 1101. ADULTERATED CANNABINOID PRODUCTS.
``A cannabinoid product shall be deemed to be adulterated if--
``(1) it consists in whole or in part of any filthy,
putrid, or decomposed substance, or is otherwise contaminated
by any added poisonous or added deleterious substance that may
render the product injurious to health;
``(2) it has been manufactured, prepared, processed,
packed, or held in insanitary conditions whereby it may have
been contaminated with filth, or whereby it may have been
rendered injurious to health;
``(3) it bears or contains any poisonous or deleterious
substance that may render it injurious to health;
``(4) its container is composed, in whole or in part, of
any poisonous or deleterious substance that may render the
contents injurious to health;
``(5) it bears or contains an unsafe color additive that is
unsafe within the meaning of section 721(a);
``(6) the methods used in, or the facilities or controls
used for, its manufacture, preparing, processing, packing, or
storage are not in conformity with applicable requirements
under section 1104(c);
``(7) it has been manufactured, prepared, processed,
packed, or held in any factory, warehouse, or establishment and
the owner, operator, or agent of such factory, warehouse, or
establishment delays, denies, or limits an inspection, or
refuses to permit entry or inspection;
``(8) it bears or contains, or has been manufactured,
prepared, or processed from, artificially or synthetically
derived cannabinoids of any kind; or
``(9)(A) it bears or contains an amount or level of
tetrahydrocannabinol that is in excess of the allowable amount
or level prescribed by the State in which the cannabinoid
product is sold; or
``(B) if the State in which the cannabinoid product is sold
does not have in effect laws governing the sale of, and the
allowable amount or level of tetrahydrocannabinol in,
cannabinoid products, if it is in violation of section
1105(c)(2).
``SEC. 1102. MISBRANDED CANNABINOID PRODUCTS.
``A cannabinoid product shall be deemed to be misbranded--
``(1) if its labeling, advertising, or promotion is false
or misleading in any particular, except that no cannabinoid
product shall be deemed to be misbranded solely because its
labeling, advertising, or promotion uses the term `cannabis';
``(2) if it is a finished product, unless it bears a label
containing--
``(A) a prominent statement on the front of the
product packaging, and on any internal product insert
or packaging, that the product contains cannabinoids;
``(B) the name, place of business, and contact
information (including, as applicable, phone number,
email address, and physical address) of its
manufacturer, packer, or distributor;
``(C) an accurate statement of the quantity of its
contents in terms of weight, measure, or numerical
count;
``(D) a statement of its form as specified in
regulations promulgated pursuant to section 1104(a);
``(E) if it is intended for animal consumption or
human consumption and is packaged and labeled in such a
way as to suggest more than one serving, dose, or the
equivalent, information on how such product may be
divisible into, or measured into, a portion equivalent
to one serving, dose, or the equivalent;
``(F) if it is intended for animal consumption or
human consumption and is packaged and labeled in such a
way as to suggest more than one serving, dose, or the
equivalent, a statement of the amount of total
tetrahydrocannabinol, in milligrams, in one serving,
dose, or the equivalent;
``(G)(i) a statement of the content and amount, in
milligrams, of any other cannabinoids in the product,
other than naturally occurring cannabinoids present at
trace amounts; and
``(ii) if it is packaged and labeled in such a way
as to suggest more than one serving, dose, or the
equivalent, a statement of the amount of such other
cannabinoids in one serving, dose, or the equivalent;
``(H) adequate directions for use and how to report
adverse events, if deemed necessary for the protection
of the public health in regulations promulgated
pursuant to section 1104(a);
``(I) if it is intended for human consumption, a
statement disclosing the presence or the possibility of
the presence of any major food allergen or other food
allergen which the Secretary may, by order, require to
be disclosed;
``(J) if it is intended for human use, a statement
disclosing any known risks to special populations,
including children, individuals who are pregnant or
breastfeeding, and individuals taking drugs known to
interact with the product, including the following
statement: `Keep out of reach of children and pets.
This product should not be consumed by women who are
pregnant or nursing. Consult your health care provider
if you have any other medical conditions or are taking
any medication(s). This product may be purchased only
by persons 21 and older.';
``(K) a statement disclosing risks posed by
consuming or using the specific cannabinoid contained
or purported to be contained in the product, including
the risk of drug test failure;
``(L) unless it is a dietary supplement that bears
the statement required by section 403(r)(6)(C), a
statement disclosing that the Food and Drug
Administration has not determined the product to be
safe or effective for treating any condition, including
the following statement: `This product has not been
evaluated for safety or efficacy by the Food and Drug
Administration.';
``(M) if it is intended for use in animals, a
prominently placed, conspicuous--
``(i) warning that the product should not
be used by humans; and
``(ii) statement that the product is
intended for use in animals, including a
specification of the intended species;
``(N) the applicable universal symbol described in
section 1104(d);
``(O) beginning not later than 90 days after
issuance of an order or finalization of a rule under
section 1104(f)(1), as applicable, information on the
safety test results for such product, or information on
where to obtain such safety test results; and
``(P) such other information as the Secretary
determines, in regulations promulgated pursuant to
section 1104(a), to be necessary for the protection of
the public health;
``(3) if it is a dietary supplement or a food and its label
or labeling bears a statement describing the role of a cannabis
constituent or cannabinoid intended to affect the structure or
any function of the body of humans or other animals, unless
there is substantiation that such statement is truthful and not
misleading;
``(4) if any word, statement, or other information required
by or under authority of this Act to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
``(5) if it purports to be, or is represented as, a
cannabinoid product that is subject to a cannabinoid product
standard established under section 1105 unless such cannabinoid
product is in all respects in conformity with such standard;
``(6) if its sale, distribution, or label or labeling is
not in conformity with applicable requirements under
subsections (a) and (b) of section 1104;
``(7) if it was manufactured, prepared, propagated,
compounded, processed, packaged, packed, imported, labeled, or
held in an establishment not duly registered under section
1103, if it was not included in a list required by section
1103, or if it was manufactured, prepared, propagated,
compounded, processed, packaged, packed, imported, labeled, or
held by or in an establishment for which the registration was
suspended under section 1103 and such registration has not been
reinstated;
``(8) if it takes such a form as to imitate or replicate a
product that is marketed to or is commonly associated with
children or minors, imitates a commercially available candy,
snack, or beverage packaging or labeling, or is in the shape of
real or imagined animals, people, vehicles, or characters,
including anthropomorphic non-human animals, vehicles, foods,
plants, or other characters, and including cartoon characters;
``(9) it is a gummy product, unless it is in the shape of a
cube, rectangle, sphere, or other geometric shape; or
``(10) if it purports to be, or is represented as, an eye
drop, nasal spray, or injectable.
``SEC. 1103. REGISTRATION.
``(a) Registration by Covered Entities.--
``(1) Initial registration.--
``(A) Existing facilities.--Each covered entity
that, on the date of enactment of the Cannabinoid
Safety and Regulation Act, owns or operates a facility
that carries out a covered activity shall register each
such facility with the Secretary not later than 90 days
after such date of enactment, in accordance with
subsection (b).
``(B) New facilities.--Each covered entity that
owns or operates a facility that first carries out,
after the date of enactment of the Cannabinoid Safety
and Regulation Act, a covered activity shall register
with the Secretary not later than 30 days after the
date on which a covered entity first engages in such
covered activity or 30 days after the deadline for
registration under subparagraph (A), whichever is
later, in accordance with subsection (b).
``(2) Renewal of registration.--Each covered entity
required to register a facility under this section shall renew
such registration with the Secretary on or before December 31
of each even-numbered year.
``(b) Content of Registration.--
``(1) In general.--For each facility at which a covered
entity carries out a covered activity, such covered entity
shall submit to the Secretary, through the website established
under paragraph (2)(A), a registration that includes--
``(A) information necessary to notify the Secretary
of the name (including trade name), address, and
telephone number of such facility;
``(B)(i) in the case of a domestic facility, the
email address and telephone number for the contact
person of such facility; or
``(ii) in the case of a foreign facility, the email
address and telephone number for the United States
agent for such facility;
``(C) the general activities conducted at such
facility, including the 1 or more categories of
cannabinoid products manufactured, prepared,
propagated, compounded, processed, packaged, packed,
imported, labeled, or held at such facility;
``(D) the facility registration number for such
facility, if any, previously assigned by the Secretary;
``(E) all brand names under which cannabinoid
products manufactured, prepared, propagated,
compounded, processed, packaged, packed, imported,
labeled, or held in such facility are sold, on the
condition that the Secretary shall keep such
information confidential;
``(F) an assurance that the Secretary will be
permitted to inspect such facility at the times and in
the manner permitted by this Act, including section
704; and
``(G) any other information the Secretary may
require.
``(2) Procedure.--
``(A) Website.--
``(i) In general.--Not later than the
applicable date described in clause (ii), the
Secretary shall establish a website for
submission of registration under this
subsection.
``(ii) Applicable date described.--The
applicable date described in this clause is--
``(I) 180 days after the date of
enactment of the Cannabinoid Safety and
Regulation Act; or
``(II) if December 31 is less than
180 days after such date of enactment,
240 days after such date of enactment.
``(B) Notification of receipt; registration
numbers.--Not later than 30 days after the date on
which the Secretary receives a completed registration
submitted under this subsection, the Secretary shall--
``(i) notify the applicable covered entity
of the receipt of such registration; and
``(ii) assign such covered entity a
registration number.
``(C) Owners, operators, and agents in charge.--A
registration under this subsection shall--
``(i) in the case of a domestic facility,
be submitted by the owner or operator of such
facility; and
``(ii) in the case of a foreign facility,
be submitted by the owner or operator of such
facility.
``(c) Uniform Product Identification System.--The Secretary may--
``(1) by regulation prescribe a uniform system for the
identification of cannabinoid products; and
``(2) require persons who are required to list such
cannabinoid products under subsection (f)--
``(A) to list such cannabinoid products in
accordance with such system; and
``(B) to include the identification number for such
cannabinoid products on the labels for such cannabinoid
products.
``(d) Registration Information.--The Secretary shall compile and
maintain an up-to-date list of facilities that are registered under
this section.
``(e) Fee for Registration.--
``(1) In general.--The Secretary may charge a fee for
registration under this section, which shall be due upon
submission of such registration.
``(2) Electronic payment.--Payment of the fee under
paragraph (1) may be made electronically pursuant to an online
method of payment provided by the Secretary.
``(3) Amount of fee; inflation adjustments.--
``(A) In general.--If the Secretary charges a fee
under paragraph (1), the Secretary shall establish the
amount of the fee as follows:
``(i) For fiscal year 2026, an amount not
to exceed $500.
``(ii) For fiscal year 2027 and each fiscal
year thereafter, an amount equal to the product
obtained by multiplying--
``(I) the dollar amount of the fee
established under clause (i); and
``(II) the percentage (if any) by
which the Consumer Price Index for All
Urban Consumers, as published by the
Bureau of Labor Statistics of the
Department of Labor, increased during
the most recent 12-month period.
``(B) Effect.--Nothing in this paragraph prevents
the Secretary from decreasing the amount of the
registration fee under paragraph (1).
``(4) Registration refused or withdrawn.--The Secretary
shall refund 75 percent of the fee paid under paragraph (1) for
any registration that is denied, refused, or withdrawn.
``(f) Registration Information.--
``(1) Product list.--
``(A) In general.--Each covered entity that
registers with the Secretary under this section shall,
at the time of such registration, file with the
Secretary--
``(i) a list of all cannabinoid products
which are being manufactured, prepared,
propagated, compounded, processed, packaged,
packed, imported, labeled, or held by such
covered entity for commercial distribution and
which have not been included in any list of
cannabinoid products filed by such covered
entity with the Secretary under this paragraph
or paragraph (2) before such time of
registration; and
``(ii) such other information as the
Secretary may require, by regulation, to carry
out the purposes of the Cannabinoid Safety and
Regulation Act, including the amendments made
by such Act.
``(B) Form and manner of list.--The list under
subparagraph (A)(i) shall include--
``(i) the facility registration number of
each facility where the cannabinoid product is
manufactured, prepared, propagated, compounded,
processed, packaged, packed, imported, labeled,
or held;
``(ii) the name and contact number of the
responsible person and the name for the
cannabinoid product, as such name appears on
the label;
``(iii) the name and contact number of the
person submitting the listing; and
``(iv) an electronic copy of the label, and
an electronic copy of the package insert, if
any.
``(2) Report of any change in product list.--Each covered
entity that registers with the Secretary under this section
shall report to the Secretary as follows:
``(A) Prior to the introduction into commercial
distribution of a cannabinoid product that has not been
included in any list previously filed by the
registrant, a list containing such cannabinoid product.
``(B) A notice of discontinuance of the
manufacturing, preparing, propagating, compounding,
processing, packaging, packing, importing, labeling, or
holding for commercial distribution of a cannabinoid
product included in a list filed under subparagraph (A)
or paragraph (1), and the date of such discontinuance.
``(C) A notice of resumption of the manufacturing,
preparing, propagating, compounding, processing,
packaging, packing, importing, labeling, or holding for
commercial distribution of the cannabinoid product with
respect to which a notice of discontinuance was
reported under subparagraph (B).
``(D) A list of each cannabinoid product included
in a notice filed under subparagraph (C) prior to the
resumption of the introduction into commercial
distribution of such cannabinoid product.
``(g) Suspensions.--
``(1) Suspension of registration of a facility.--The
Secretary may suspend the registration of a facility if the
Secretary--
``(A) determines that a cannabinoid product
manufactured, prepared, propagated, compounded,
processed, packaged, packed, imported, labeled, or held
by such registered facility and distributed in the
United States has a reasonable probability of causing a
serious adverse effect in humans or other animals; and
``(B) has a reasonable belief that other
cannabinoid products manufactured, prepared,
propagated, compounded, processed, packaged, packed,
imported, labeled, or held by such registered facility
may be similarly affected because of a failure that
cannot be isolated to a product or products, or is
sufficiently pervasive to raise concerns about other
products manufactured, prepared, propagated,
compounded, processed, packaged, packed, imported,
labeled, or held in such registered facility.
``(2) Notice of suspension.--Before suspending the
registration of a facility under this subsection, the Secretary
shall provide--
``(A) notice to the applicable covered entity of
the intent to suspend the facility registration, which
shall specify the basis of the determination by the
Secretary that the facility registration should be
suspended; and
``(B) an opportunity, within 5 business days of the
notice provided under subparagraph (A), for such
covered entity to provide a corrective action plan to
demonstrate how such covered entity plans to correct
the violations found by the Secretary.
``(3) Hearing.--
``(A) In general.--The Secretary shall provide a
covered entity the facility registration of which is
suspended under this subsection with an opportunity for
an informal hearing, to be held as soon as practicable,
but in any case not later than 5 business days after
such registration is suspended, or such other time
period as is agreed upon by the Secretary and the
covered entity, on the actions required for
reinstatement of registration and why the registration
that is subject to the suspension should be reinstated.
``(B) Post-hearing reinstatement.--If a covered
entity requests a hearing under subparagraph (A), and
the Secretary determines, based on evidence presented
at such hearing, that adequate grounds do not exist to
continue the suspension of such registration, the
Secretary shall reinstate such registration.
``(C) Post-hearing corrective action plan.--
``(i) In general.--If a covered entity
requests a hearing under subparagraph (A), and
the Secretary determines, based on evidence
presented at such hearing, that the suspension
of registration remains necessary, the
Secretary shall require the applicable covered
entity to submit to the Secretary a corrective
action plan described in paragraph (2)(B), if
not already submitted.
``(ii) Review.--The Secretary shall review,
and approve or deny, a plan submitted under
paragraph (2)(B) or clause (i), as applicable,
not later than 14 business days after such
submission or such other time period as is
determined by the Secretary, in consultation
with the applicable covered entity.
``(D) Vacating of order; reinstatement.--Upon a
determination by the Secretary that adequate grounds do
not exist to continue the suspension of a registration
of a facility under this subsection, the Secretary
shall promptly vacate such suspension and reinstate
such registration.
``(4) Effect of suspension.--If the registration of a
facility is suspended under this subsection, no person shall
carry out a covered activity at such facility.
``(h) Disclosure.--
``(1) In general.--The list described in subsection (d),
any information submitted by a covered entity pursuant to this
section, and any information derived from such list or
information, shall be exempt from disclosure under section 552
of title 5, United States Code, to the extent that such list or
information discloses the identity or location of a registered
facility, unless such information was previously lawfully
disclosed to the public.
``(2) Applicability.--For purposes of paragraph (1), this
section shall be considered a statute described in section
552(b)(3)(B) of title 5, United States Code.
``(i) Regulations.--The Secretary may promulgate such regulations
as may be necessary to carry out this section.
``(j) Definitions.--In this section:
``(1) Covered activity.--The term `covered activity'
means--
``(A) in the case of a domestic facility, the
manufacturing, preparing, propagating, compounding,
processing, packaging, packing, importing, labeling, or
holding of a cannabinoid product for commercial
distribution in the United States; or
``(B) in the case of a foreign facility, the
manufacturing, preparing, propagating, compounding,
processing, packaging, packing, labeling, or holding of
a cannabinoid product that is imported or offered for
import into the United States.
``(2) Covered entity.--The term `covered entity' means any
person who owns or operates a domestic facility or foreign
facility that is engaged in a covered activity.
``(3) Domestic facility.--The term `domestic facility'
means a facility located in any State.
``(4) Foreign facility.--The term `foreign facility' means
a facility that manufactures, prepares, propagates, compounds,
processes, packages, packs, labels, or holds a cannabinoid
product that is imported or offered for import into the United
States.
``SEC. 1104. GENERAL PROVISIONS FOR CONTROL OF CANNABINOID PRODUCTS.
``(a) Restrictions on Sale and Distribution.--
``(1) Remote sales.--Not later than 2 years after the date
of enactment of the Cannabinoid Safety and Regulation Act, the
Secretary shall propose, and not later than 3 years after such
date of enactment, the Secretary shall finalize, regulations
regarding the promotion, sale, and distribution of cannabinoid
products intended for human consumption and that contain
detectable levels of any tetrahydrocannabinol that occur
through means other than a direct, face-to-face exchange
between a retailer and a consumer, in order to prevent the sale
and distribution of cannabinoid products to individuals who
have not attained the age of 21, including requirements for age
verification. Such regulations shall require age to be verified
at the time of purchase or prior to shipment, either through
use of a reliable online age verification service or by
obtaining and examining a copy of a valid, non-expired
government-issued identification, including identification
issued by an Indian Tribe (as defined in section 1109).
``(2) Preventing use of cannabinoid products in minors.--
The Secretary shall, by regulation, impose such restrictions on
sales of cannabinoid products as the Secretary determines
necessary and appropriate to prevent the consumption or
application of cannabinoid products intended for human
consumption by individuals under 21 years of age. Such
regulations shall prohibit sales of cannabinoid products,
whether directly or indirectly, to individuals under 21 years
of age, and any other action that has the primary purpose of
initiating or increasing the use of cannabinoid products in
such individuals.
``(3) Good faith consultation with indian tribes.--In
issuing regulations under paragraphs (1) and (2), the Secretary
shall conduct good faith, meaningful, and timely consultations
with Indian Tribes (as defined in section 1109).
``(b) Labeling Statements.--The label and labeling of a cannabinoid
product shall bear such appropriate statements of the restrictions
required by a regulation under subsection (a) as the Secretary may in
such regulation prescribe.
``(c) Standardized Information Panel for Ingestible Cannabinoid
Products.--The Secretary may prescribe by order a standardized format
or label for labeling information required under this chapter for
cannabinoid products intended for human consumption.
``(d) Universal Symbol.--
``(1) In general.--The universal symbol referred to in
section 1102(2)(N) is, as applicable--
``(A) the most recent international symbol
established by ASTM International indicating that a
product contains intoxicating cannabinoids; or
``(B) the most recent international symbol
established by ASTM International indicating that a
product contains nonintoxicating cannabinoids.
``(2) State authority.--
``(A) In general.--The State in which a cannabinoid
product is offered for sale may determine which of the
universal symbols described in subparagraphs (A) and
(B) of paragraph (1) shall be required to be included
on the label for such cannabinoid product for purposes
of section 1102(2)(N).
``(B) State labels.--Before the date on which an
international symbol described in paragraph (1)(B) is
established, the State in which a cannabinoid product
is offered for sale may establish, for purposes of
section 1102(2)(N), a symbol that indicates that a
product contains either intoxicating cannabinoids or
nonintoxicating cannabinoids.
``(e) Tamper-Evident and Child Safety Packaging.--
``(1) In general.--The Secretary may establish by order
requirements for tamper-evident and child safety packaging for
cannabinoid products intended for human consumption and that
contain more than 1 serving and are packaged in a container
that exceeds 4 ounces.
``(2) Effect.--Nothing in this subsection shall authorize
the Secretary to prescribe by order or rulemaking specific
packaging designs, product content, package quantity, or, with
the exception of authority granted in section 1102, labeling
and packaging.
``(f) Good Manufacturing Practice Requirements.--
``(1) In general.--Not later than 9 months after the date
of enactment of the Cannabinoid Safety and Regulation Act, the
Secretary shall promulgate regulations to require that the
methods used in, and the facilities and controls used for, the
manufacture, preparing, processing, packing, and holding of a
cannabinoid product conform to current good manufacturing
practice, including testing of cannabinoid products.
``(2) Certification.--The Secretary may require each
covered entity with a registered facility under section 1103 to
certify with respect to such registered facility compliance
with the good manufacturing practice regulations described in
paragraph (1).
``(g) Good Testing Practice Requirements.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Cannabinoid Safety and Regulation Act, the
Secretary shall promulgate regulations or issue an order to
require a cannabinoid product to be tested for safety in a
laboratory certified, accredited, licensed, or otherwise
formally recognized for the testing of cannabinoid products in
the State in which the cannabinoid product is produced. Such
regulations may include requirements for laboratory
accreditation standards, such as ISO 17025 of the International
Organization for Standardization (or a successor standard).
``(2) Requirements for entities conducting testing.--The
regulations or order under paragraph (1) shall require that an
entity conducting a test of a cannabinoid product described in
such paragraph--
``(A) be registered and accredited for the testing
of cannabinoid products or cannabis products in the
applicable State; and
``(B) be registered and in good standing with--
``(i) the Drug Enforcement Agency as a Hemp
Analytical Testing Laboratory; or
``(ii) the applicable Federal agency
pursuant to paragraph (5).
``(3) Requirements for testing.--The regulations or order
under paragraph (1) shall require that a test of a cannabinoid
product described in such paragraph--
``(A) shall be completed using--
``(i) statistically valid sampling of the
cannabinoid product; and
``(ii) analytical testing methodologies
that are--
``(I) based on published, peer-
reviewed methods validated for cannabis
testing by an independent third party;
or
``(II) verified by the testing
entity for compliance with the Official
Methods of Analysis of AOAC
International, 22nd edition (or any
successor edition);
``(B) shall include--
``(i) testing for--
``(I) pesticides and other chemical
residues or residual solvents,
regardless of whether a tolerance for
such pesticides or other chemical
residues or residual solvents has been
established;
``(II) synthetic inputs used to
produce semi-synthetic cannabinoid
products, including hydrochloric acid
and sulphuric acid;
``(III) heavy metals, including
arsenic, cadmium, lead, and copper,
regardless of whether a tolerance for
such heavy metals has been established;
and
``(IV) foreign matter, including
mildew, organic materials foreign to
the product, and inorganic materials;
and
``(ii) a potency analysis, which may not be
adulterated or manipulated by any means,
including by the addition of trichromes or
other matter incidentally removed while
manipulating the product for testing, including
measurements of--
``(I) the total
tetrahydrocannabinol content of the
finished product;
``(II) the total cannabinoid
content of the finished product;
``(III) the concentration of
tetrahydrocannabinol; and
``(IV) the concentration of
cannabinoids;
``(C) shall be conducted subject to quality
assurance protocols to ensure the validity and
reliability of test results;
``(D) shall use analytical method selection,
validation, and verification that ensure that the
testing method used is appropriate for the product type
and method of consumption by the end user, including
post-decarboxylation, if applicable;
``(E) shall ensure that analytical tests are
sufficiently sensitive for the purposes of the
detectability requirements of required testing; and
``(F) shall use testing protocols that include an
effective disposal procedure for non-compliant samples
that do not meet the requirements of this section.
``(4) Product safety thresholds.--The regulations or order
under paragraph (1) shall establish thresholds for cannabinoid
product safety with respect to residual solvent levels, heavy
metals, foreign matter, mycotoxin levels, and byproducts of
semi-synthetic manufacturing processes.
``(5) Criteria for laboratory accreditation.--
``(A) In general.--Not later than 90 days after the
date of enactment of the Cannabinoid Safety and
Regulation Act, the Secretary and the Administrator of
the Drug Enforcement Administration shall enter into a
memorandum of understanding that establishes the
criteria by which a laboratory may be accredited for
purposes of the testing of cannabinoid products under
this subsection.
``(B) Requirements.--The criteria established under
subparagraph (A)--
``(i) shall not require that a laboratory
be registered with the Attorney General, acting
through the Administrator of the Drug
Enforcement Administration, to be accredited
for the purposes described in subparagraph (A);
``(ii) shall allow laboratories registered
with the Department of Agriculture or the
Department of Health and Human Services to be
considered to be accredited for the purposes
described in subparagraph (A); and
``(iii) shall require proof of
accreditation, through an accreditation body
recognized by the International Laboratory
Accreditation Cooperation, to ISO 17025 of the
International Organization for Standardization
(or a successor standard).
``(h) Foods Containing Cannabinoids.--
``(1) In general.--A food may also be a cannabinoid
product, or contain a cannabinoid product, if it otherwise
complies with all applicable requirements for food under
chapter IV and all applicable requirements for cannabinoid
products under this chapter.
``(2) Effect.--A food that is also a cannabinoid product,
or that contains a cannabinoid product, shall not be deemed--
``(A) adulterated under section 402(a)(2)(C)(i)
solely on account of constituents made or derived from
cannabinoids; or
``(B) a food to which has been added a drug
approved under section 505 or a drug for which
substantial clinical investigations have been
instituted and for which the existence of such
investigations has been made public for purposes of
section 301(ll) solely on account of constituents made
or derived from cannabis.
``(i) Dietary Supplements Containing Cannabinoids.--
``(1) In general.--A dietary supplement may also be a
cannabinoid product, or contain a cannabinoid product, if it
otherwise complies with all applicable requirements for dietary
supplements and food under chapter IV and all applicable
requirements for cannabinoid products under this chapter.
``(2) Effect.--A dietary supplement that is also a
cannabinoid product, or that contains a cannabinoid product,
shall not be--
``(A) deemed adulterated under section 402(f)
solely on account of constituents made or derived from
cannabinoids; or
``(B) excluded from the definition of dietary
supplement under section 201(ff)(3) solely on account
of constituents made or derived from cannabis.
``(j) Manufacturing, Processing, and Production of Cannabinoids and
Semi-Synthetic Cannabinoids.--
``(1) In general.--The Secretary may promulgate regulations
regarding the manufacturing, processing, or production of
artificially or synthetically derived cannabinoids and semi-
synthetic cannabinoids in order to protect the public health.
``(2) Safety; removal of dangerous cannabinoids.--If
promulgated, the regulations under paragraph (1)--
``(A) shall determine the safety of artificially or
synthetically derived cannabinoids and semi-synthetic
cannabinoids across various methods of administration;
and
``(B) may establish a process for the removal from
the market of--
``(i) dangerous artificially or
synthetically derived cannabinoids or semi-
synthetic cannabinoids; or
``(ii) artificially or synthetically
derived cannabinoids or semi-synthetic
cannabinoids that cause a serious adverse
effect (as defined in section 201(tt)(5)).
``SEC. 1105. CANNABINOID PRODUCT STANDARDS.
``(a) In General.--Not later than 1 year after the date of
enactment of the Cannabinoid Safety and Regulation Act, the Secretary
shall, by regulation, adopt cannabinoid product standards that are
appropriate for protection of the public health and that distinguish
different cannabinoid product types.
``(b) Content of Standards.--A cannabinoid product standard
established under this section shall include provisions--
``(1) on the ingredients of the cannabinoid product,
including, where appropriate--
``(A) cannabinoid yields of the product, which may
consider or address, as appropriate, different types of
cannabinoids and the interaction between the
constituents of the product;
``(B) provisions respecting the construction,
components, ingredients, additives, constituents,
including smoke constituents, and properties of the
cannabinoid product, which may consider, as
appropriate, the interaction between constituents and
components of the cannabinoid product; and
``(C) provisions for the reduction or elimination
of harmful constituents or components of the product,
including smoke constituents;
``(2) for the testing of the cannabinoid product, including
requiring that the testing of the cannabinoid product be done
by a person licensed, certified, or otherwise authorized to
perform such testing in the State where such testing occurs;
``(3) requiring that the results of testing the cannabinoid
product show that the cannabinoid product is in conformity with
applicable standards, including with respect to the level of
heavy metals, chemical byproducts, and pesticide residues;
``(4) for the measurement of the characteristics of the
cannabinoid product, where appropriate, including total product
weight, size, color, appearance, and other distinguishing
features;
``(5) requiring that the sale and distribution of the
cannabinoid product be restricted but only to the extent that
the sale and distribution of a cannabinoid product may be
restricted under a regulation under this Act;
``(6) where appropriate, requiring the use and prescribing
the form and content of labeling for the proper use of the
cannabinoid product and any potential serious adverse effects
of the product; and
``(7) requiring cannabinoid products containing foreign-
grown hemp or cannabinoids to meet the same standards
applicable to cannabinoid products containing domestically
grown cannabis.
``(c) Product Categories and Serving Sizes.--
``(1) In general.--The cannabinoid product standards
established under this section shall include provisions for the
following cannabinoid product categories:
``(A) Edible cannabinoid products that are intended
for human consumption, take a solid form, and are
ingested orally.
``(B) Inhalable cannabinoid products that are
intended for human consumption and are inhaled.
``(C) Topical cannabinoid products that are
intended for human use but not human consumption and
are applied externally to the body.
``(D) Drinkable cannabinoid products that are
intended for human consumption, take liquid form, and
are ingested orally.
``(2) Requirements for serving sizes.--The Secretary may
include for each cannabinoid product category described in
paragraph (1) the following requirements for serving sizes
which shall apply in States that do not have in effect a law
governing serving sizes for such product categories:
``(A) Edible cannabinoid products may not contain,
bear, or purport to contain more than 5 milligrams of
tetrahydrocannabinol per serving, and may not contain,
bear, or purport to contain more than 50 milligrams of
tetrahydrocannabinol per container.
``(B) Inhalable cannabinoid products may not
contain, bear, or purport to contain more than 5
milligrams of tetrahydrocannabinol per serving, and may
not contain, bear, or purport to contain more than 50
milligrams of tetrahydrocannabinol per container.
``(C) Topical cannabinoid products may not contain,
bear, or purport to contain more than 5 milligrams of
tetrahydrocannabinol per serving, and may not contain,
bear, or purport to contain more than 50 milligrams of
tetrahydrocannabinol per container.
``(D) Drinkable cannabinoid products may not
contain, bear, or purport to contain more than 5
milligrams of tetrahydrocannabinol per serving, and may
not contain, bear, or purport to contain more than 10
milligrams of tetrahydrocannabinol per container.
``(3) Definition of container.--In this subsection:
``(A) In general.--The term `container' means the
innermost wrapping, packaging, or vessel in direct
contact with a cannabinoid product in which the
cannabinoid product is enclosed for retail sale to
consumers, such as a jar, bottle, bag, box, packet,
can, carton, or cartridge.
``(B) Exclusions.--The term `container' excludes
bulk shipping containers or outer wrappings that are
not essential for the final retail delivery or sale to
an end consumer for personal or household use.
``(d) Periodic Reevaluation of Standards.--The Secretary shall
provide for periodic evaluation of cannabinoid product standards,
cannabinoid product categories, and serving size limits established
under this section to determine whether such standards should be
changed to reflect new medical, scientific, or other technological
data.
``SEC. 1106. RECALL AUTHORITY.
``(a) In General.--If the Secretary finds that there is a
reasonable probability that a cannabinoid product would cause a serious
adverse effect, the Secretary shall issue an order requiring the
appropriate person (including the manufacturers, importers,
distributors, or retailers of the cannabinoid product) to immediately
cease distribution of such cannabinoid product. The order shall provide
the person subject to the order with an opportunity to appear and
introduce testimony, to be held not later than 20 days after the date
of the issuance of the order, on the actions required by the order and
on whether the order should be amended to require a recall of such
cannabinoid product. If, after providing an opportunity to appear and
introduce testimony, the Secretary determines that inadequate grounds
exist to support the actions required by the order, the Secretary shall
vacate the order.
``(b) Amendment of Order To Require Recall.--
``(1) In general.--If, after providing an opportunity to
appear and introduce testimony under subsection (a), the
Secretary determines that the order should be amended to
include a recall of the cannabinoid product with respect to
which the order was issued, the Secretary shall, except as
provided in paragraph (2), amend the order to require a recall.
The Secretary shall specify a timetable in which the
cannabinoid product recall will occur and shall require
periodic reports to the Secretary describing the progress of
the recall.
``(2) Notice.--An amended order under paragraph (1)--
``(A) shall not include recall of a cannabinoid
product from individuals; and
``(B) shall provide for notice to persons subject
to the risks associated with the use of such
cannabinoid product.
``(3) Use of retailers.--In providing the notice required
by paragraph (2)(B), the Secretary may use the assistance of
retailers and other persons who distributed such cannabinoid
product. If a significant number of such persons cannot be
identified, the Secretary shall notify such persons pursuant to
section 705(b).
``SEC. 1107. RECORDS AND REPORTS ON CANNABINOID PRODUCTS.
``(a) In General.--Each person who is a cannabinoid product
manufacturer or importer of a cannabinoid product shall establish and
maintain such records, make such reports, and provide such information,
as the Secretary may by regulation reasonably require to assure that
such cannabinoid product is not adulterated or misbranded and to
otherwise protect public health.
``(b) Reports of Removals and Corrections.--
``(1) Requirement.--
``(A) In general.--Except as provided in paragraph
(2), the Secretary shall by regulation require a
cannabinoid product manufacturer or importer of a
cannabinoid product to report promptly to the Secretary
any corrective action taken or removal from the market
of a cannabinoid product undertaken by such
manufacturer or importer if the removal or correction
was undertaken--
``(i) to reduce a risk to health posed by
the cannabinoid product; or
``(ii) to remedy a violation of this
chapter caused by the cannabinoid product which
may present a risk to health.
``(B) Records.--A cannabinoid product manufacturer
or importer of a cannabinoid product who undertakes a
corrective action or removal from the market of a
cannabinoid product that is not required to be reported
under this subsection shall keep a record of such
correction or removal.
``(2) Exception.--No report of the corrective action or
removal of a cannabinoid product may be required under
paragraph (1)(A) if a report of the corrective action or
removal is required and has been submitted under subsection
(a).
``SEC. 1108. PROHIBITION ON FLAVORED ELECTRONIC CANNABINOID PRODUCT
DELIVERY SYSTEM.
``(a) In General.--Except as provided in subsection (b), any
electronic cannabinoid product delivery system shall not contain an
added artificial or natural flavor, including mint, mango, strawberry,
grape, peach, orange, berry or mixed berry, clove, cinnamon, pineapple,
vanilla, coconut, licorice, cocoa, chocolate, cherry, watermelon,
lemon, lime or lemon-lime, coffee, any combination thereof, or any
other flavor that the Secretary may determine by order.
``(b) Application to Terpenes.--An electronic cannabinoid product
delivery system may contain added or naturally occurring terpenes,
including naturally occurring non-cannabis terpenes, on the conditions
that--
``(1) if the cannabinoid product delivered by the
electronic cannabinoid product delivery system contains added
terpenes but not naturally occurring terpenes, not greater than
5 percent of the total weight of such cannabinoid product shall
be added terpenes;
``(2) if the cannabinoid product delivered by the
electronic cannabinoid product delivery system contains
naturally occurring terpenes but not added terpenes, not
greater than 6 percent of the total weight of such cannabinoid
product shall be naturally occurring terpenes; and
``(3) if the cannabinoid product delivered by the
electronic cannabinoid product delivery system contains both
added terpenes and naturally occurring terpenes, not greater
than 6 percent of the total weight of the cannabinoid product
shall be such naturally occurring terpenes and added terpenes.
``(c) Definition.--In this section, the term `electronic
cannabinoid product delivery system' means an electronic device that
delivers a cannabinoid product via an aerosolized or vaporized solution
to the user inhaling from the device, and any component, liquid, part,
or accessory of such a device, whether or not sold separately.
``SEC. 1109. EFFECT.
``(a) Preservation of Federal, State, Tribal, and Local
Authority.--
``(1) Effect.--
``(A) In general.--Except as provided in
subparagraph (B), nothing in this chapter, or rules
promulgated under this chapter, shall be construed to
limit the authority of a Federal agency (including the
Armed Forces), a State or political subdivision of a
State, or the government of an Indian Tribe to enact,
adopt, promulgate, and enforce any law, rule,
regulation, or other measure with respect to
cannabinoid products that is in addition to, or more
stringent than, requirements established under this
chapter, including a law, rule, regulation, or other
measure relating to or prohibiting the manufacture,
sale, distribution, possession, exposure to, access to,
advertising and promotion of, or use of cannabinoid
products by individuals of any age, information
reporting to the State or Indian Tribe, or measures
relating to fire safety or environmental standards for
cannabinoid products. No provision of this chapter
shall limit or otherwise affect any State, Tribal, or
local taxation of cannabinoid products.
``(B) Restriction.--No State or political
subdivision of a State may enact, adopt, promulgate,
and enforce any law, rule, regulation, or other measure
for the labeling of cannabinoid products that is not
identical to the requirements for the packaging or
labeling of a cannabinoid product required by section
1102 (including regulations).
``(C) Transportation of cannabinoid products.--No
State or Indian Tribe may prohibit the transportation
or shipment of cannabinoid products produced in
accordance with this chapter (including regulations)
through the State or land under the jurisdiction of the
Indian Tribe.
``(2) Rule of construction regarding product liability.--No
provision of this chapter relating to a cannabinoid product
shall be construed to modify or otherwise affect any action or
the liability of any person under the product liability law of
any State or Indian Tribe.
``(3) Definition of indian tribe.--In this subsection, the
term `Indian Tribe' means the governing body of any
individually identified and federally recognized Indian or
Alaska Native tribe, band, nation, pueblo, village, community,
affiliated Tribal group, or component reservation included on
the list published most recently as of the date of enactment of
the Cannabinoid Safety and Regulation Act pursuant to section
104(a) of the Federally Recognized Indian Tribe List Act of
1994.
``(b) Authority of USDA.--Nothing in this chapter affects the
jurisdiction of the Secretary of Agriculture over the planting,
cultivation, growing, and harvesting of hemp (as defined in section
297A of the Agricultural Marketing Act of 1946).''.
SEC. 102. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended--
(1) in paragraph (g)(1)(C), by striking ``(other than
food)'' and inserting ``(other than food or cannabinoid
products)'';
(2) in paragraph (ff)(1), by striking ``(other than
tobacco)'' and inserting ``(other than a tobacco product or a
cannabinoid product)'';
(3) in paragraph (rr)(4), by inserting ``cannabinoid
product,'' after ``medical device''; and
(4) by adding at the end the following:
``(tt)(1)(A) The term `cannabis' means--
``(i) all parts of the plant Cannabis sativa L., whether
growing or not;
``(ii) the seeds of such plant;
``(iii) the resin extracted from any part of such plant;
and
``(iv) every compound, manufacture, salt, derivative,
mixture, or preparation of such plant, its seeds or resin, or
other constituent element derived from such plant.
``(B) The term `cannabis' does not include--
``(i) any cannabis plant actively under cultivation that is
being cultivated in accordance with the requirements of
subtitle G of the Agricultural Marketing Act of 1946;
``(ii) a cannabinoid product; or
``(iii) the mature stalks of the plant Cannabis sativa L.,
fiber produced from such stalks, oil or cake made from the
seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil, cake, or
the sterilized seed of such plant that is incapable of
germination.
``(2) The term `cannabinoid' means any of the following:
``(A) Any chemical in any plant of the genus Cannabis that
is unique in nature to such plant, including any of the
following chemicals:
``(i) Tetrahydrocannabinol.
``(ii) Cannabinol.
``(iii) Cannabidiol.
``(iv) Cannabigerol.
``(v) Cannabichromene.
``(vi) Tetrahydrocannabivarin.
``(vii) Cannabivarin.
``(viii) Cannabidivarin.
``(ix) Cannabielsion.
``(x) Cannabicyclol.
``(xi) Cannabitriol.
``(xii) Cannabicitran.
``(B) Any isomer of a chemical described in clause (A), and
any acids, acetates, salts, esters, ethers, and derivatives
thereof.
``(C) Any chemical, regardless of origin or method of
production, that is equivalent in chemical structure to a
chemical referred to in clause (A), or has both a similar
terpenophenolic chemical structure and pharmacological effect
to a chemical referred to in clause (A).
``(D) Any chemical derived from a plant of the genus
Cannabis that is a CB-1 or CB-2 receptor agonist or partial
agonist.
``(E) Any chemical that the Secretary has, by order, deemed
to be a cannabinoid.
``(3)(A) The term `cannabinoid product' means any article or
product, including its components or parts, that--
``(i) contains or purports to contain any quantity of 1 or
more cannabinoids that are derived from hemp (as defined in
section 297A of the Agricultural Marketing Act of 1946); and
``(ii) is intended for use in, through any route of
administration, or to be applied to, the body of humans or
other animals.
``(B) The term `cannabinoid product' does not include--
``(i) a drug that is subject to the requirements of chapter
V or section 351 of the Public Health Service Act;
``(ii) a device that is subject to the requirements of
chapter V;
``(iii) any cannabis plant actively under cultivation that
is being cultivated in accordance with the requirements of
subtitle G of the Agricultural Marketing Act of 1946; or
``(iv) a virus, serum, toxin, or analogous product subject
to the requirements of the eighth paragraph of the matter under
the heading `bureau of animal industry' in the Act of March 4,
1913 (commonly known as the `Virus-Serum-Toxin Act').
``(4) With respect to cannabis or a cannabinoid product, the term
`manufacture' does not include the planting, cultivation, growing, or
harvesting of cannabis.
``(5) With respect to a cannabinoid product, the term `serious
adverse effect' means that use of the product--
``(A) results in--
``(i) death;
``(ii) a life-threatening adverse experience;
``(iii) inpatient hospitalization or prolongation
of existing hospitalization;
``(iv) a persistent or significant disability or
incapacity;
``(v) a congenital anomaly or birth defect; or
``(vi) other serious medical event; or
``(B) requires, based on reasonable medical judgment, a
medical or surgical intervention to prevent an outcome
described in clause (A).
``(uu) The term `intended for human consumption', with respect to a
cannabinoid product, means a cannabinoid product intended for ingestion
or inhalation by a human.
``(vv) The term `tetrahydrocannabinol' means--
``(1) the chemical substance found in the Cannabis sativa
L. plant, including the delta-6a, delta-7, delta-8, delta-9,
delta-10a, and delta-10 forms, whether naturally occurring in
the Cannabis sativa L. plant or synthetically or semi-
synthetically derived;
``(2) all isomers of tetrahydrocannabinol, and any acids,
acetates, metabolites (including 11-hydroxy-THC, 3-hydroxy-THC,
and 7-hydroxy-THC and their isomers), salts, esters, ethers,
and derivatives thereof, including its precursor form,
tetrahydrocannabinolic acid;
``(3) tetrahydrocannabivarins, including delta-8
tetrahydrocannabivarin, and exo-tetrahydrocannabinol;
``(4) hydrogenated forms of tetrahydrocannabinol including
hexahydrocannabinol, hexahydrocannabiphorol, and
hexahydrocannabihexol;
``(5) analogues of tetrahydrocannabinols with an alkyl
chain of four or more carbon atoms, including
tetrahydrocannabiphorols, tetrahydrocannabiocytls,
tetrahydrocannabihexols, or tetrahydrocannabutols; and
``(6) any combination of the chemical substances described
in subparagraphs (1) through (5) whether naturally or
artificially derived or synthetically or semi-synthetically
produced.
``(ww)(1) The term `artificially or synthetically derived
cannabinoid' means a cannabinoid or a cannabinoid-like compound that is
produced using chemical synthesis, chemical modification, or chemical
conversion, including by using in-vitro biosynthesis or other
bioconversion.
``(2) The term `artificially or synthetically derived cannabinoid'
does not include--
``(A) a cannabinoid or a cannabinoid-like compound produced
through the decarboxylation of naturally occurring cannabinoids
from their acidic forms;
``(B) a cannabinoid product or input that undergoes the
removal of solvents, catalysts, or other unwanted materials
from the cannabinoid product or input; or
``(C) a semi-synthetic cannabinoid.
``(3)(A) For purposes of subparagraph (2)(C), the term `semi-
synthetic cannabinoid' means a substance that is created by a single
chemical reaction that converts one cannabinoid extracted from a
cannabis plant directly into a different cannabinoid that is found in
more than trace amounts in a cannabis plant.
``(B) For purposes of subparagraph (2)(C), the term `semi-synthetic
cannabinoid' includes a cannabinoid that is produced by the conversion
of cannabidiol, including cannabinol and delta-8 tetrahydrocannabinol.
``(C) For purposes of subparagraph (2)(C), the term `semi-synthetic
cannabinoid' does not include a cannabinoid that is produced through
the decarboxylation of naturally occurring acidic forms of cannabinoids
into the corresponding neutral cannabinoid through the use of heat or
light, without the use of chemical reagents or catalysts, and that
results in no other chemical change.''.
(b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended--
(1) by inserting ``cannabinoid product,'' after ``tobacco
product,'' each place it appears in paragraphs (g) and (h);
(2) in paragraph (j), by striking ``or 920(b)'' and
inserting ``920(b), or 1103'';
(3) in paragraph (p)--
(A) by striking ``510 or 905'' and inserting ``510,
905, or 1103'';
(B) by striking ``or 905(j)'' and inserting
``905(j), or 1103(g)''; and
(C) by striking ``or 905(i)(3)'' and inserting ``,
905(i)(3), or 1103(g)(2)'';
(4) in paragraph (q)(2) by inserting ``, cannabinoid
product,'' after ``device'';
(5) in paragraph (r), by inserting ``cannabinoid product,''
after ``device,'' each place it appears; and
(6) by adding at the end the following:
``(jjj)(1) The sale or distribution of a cannabinoid product
intended for human consumption and that contains detectable levels of
any tetrahydrocannabinol to any person younger than 21 years of age.
``(2) The sale or distribution of an article that is a cannabinoid
product and that contains alcohol, tobacco, nicotine, or another
substance with effects that could interact with cannabinoids or enhance
or alter the effects of cannabinoids, as determined by the Secretary
through rulemaking.
``(3) The failure of a manufacturer or distributor to notify the
Attorney General of its knowledge of cannabinoid products used in
illicit trade.
``(kkk)(1) The introduction or delivery for introduction into
commerce of any cannabinoid product that is adulterated or misbranded.
``(2) The introduction or delivery for introduction into interstate
commerce of an article intended for ingestion in tablet, capsule,
powder, softgel, gelcap, liquid, or other form, which is not
represented as a conventional food and not represented for use as a
sole item of a meal or of the diet if it--
``(A) contains any synthetic ingredient with a molecular
structure that does not occur in nature; and
``(B) does not meet the definition of a dietary supplement
in section 201(ff), except that this subsection does not apply
to any article introduced or delivered for introduction into
interstate commerce in compliance with chapter V, VI, or IX or
with section 351 of the Public Health Service Act.
``(3) The adulteration or misbranding of any cannabinoid product in
commerce.
``(4) The receipt in commerce of any cannabinoid product that is
adulterated or misbranded, and the delivery or proffered delivery
thereof for pay or otherwise.
``(5) The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing of
any other act with respect to a cannabinoid product, if such act is
done while such article is held for sale (whether or not the first
sale) after shipment in commerce and results in such article being
adulterated or misbranded.
``(lll)(1) The sale or distribution of a cannabinoid product
intended for human consumption that contains multiple servings, unless
the contents of such cannabinoid product are readily divisible into
portions equivalent to one serving.
``(2) The sale or distribution of a cannabinoid product intended
for human consumption that is in liquid form, unless such cannabinoid
product--
``(A) contains not more than one serving; or
``(B) if the serving size is less than 1 fluid ounce,
includes a convenient device for measuring servings, such as a
dropper or measuring cup, unless it is a food.''.
(c) Penalties.--Section 303(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333(f)) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A)--
(i) in the first sentence, by striking ``or
(9)'' and inserting ``(9), or (11)''; and
(ii) by inserting ``or no-cannabinoid-
product-sale order'' after ``no-tobacco-sale
order'' each place it appears;
(B) in subparagraph (B)--
(i) by inserting ``or no-cannabinoid-
product-sale order'' after ``no-tobacco-sale
order'' each place it appears; and
(ii) in the second sentence, by inserting
``or cannabinoid products, as applicable,''
after ``tobacco products'';
(C) in subparagraph (C), in the first sentence, by
striking ``or (9)'' and inserting ``(9), or (11)''; and
(D) in subparagraph (D) by inserting ``or no-
cannabinoid-product-sale order'' after ``no-tobacco-
sale order'';
(2) in paragraph (6), by inserting ``or no-cannabinoid-
product-sale order'' after ``no-tobacco-sale order'' each place
it appears; and
(3) by adding at the end the following:
``(10) Civil monetary penalties for violation of
cannabinoid product requirements.--
``(A) In general.--Any person who violates a
requirement of this Act that relates to cannabinoid
products shall be liable to the United States for a
civil penalty in an amount not to exceed $15,000 for
each such violation, and not to exceed $15,000,000 for
all such violations adjudicated in a single proceeding.
``(B) Enhanced civil penalties.--Any person who
knowingly violates a requirement of this Act that
relates to cannabinoid products shall be subject to a
civil monetary penalty of--
``(i) not to exceed $250,000 per violation,
and not to exceed $10,000,000 for all such
violations adjudicated in a single proceeding;
or
``(ii) in the case of a violation that
continues after the Secretary provides written
notice of the violation to such person,
$250,000 for the first 30-day period (or any
portion thereof) that the person continues to
be in violation, and such amount shall double
for every 30-day period thereafter that the
violation continues, not to exceed $10,000,000
for any 30-day period, and not to exceed
$20,000,000 for all such violations adjudicated
in a single proceeding.
``(11) Repeated violations relating to cannabinoid
products.--
``(A) In general.--If the Secretary finds that a
person has committed repeated violations of a
requirement of this Act that relates to cannabinoid
products at a particular retail or online outlet, or
association of retail or online outlets, then the
Secretary may impose a no-cannabinoid-product-sale
order on that person prohibiting the sale of
cannabinoid products in that outlet. A no-cannabinoid-
product-sale order may be imposed with a civil penalty
under paragraph (1).
``(B) Hearing.--Prior to the entry of a no-
cannabinoid-product-sale order under this paragraph, a
person shall be entitled to a hearing pursuant to the
procedures established through regulations of the Food
and Drug Administration for assessing civil money
penalties, including, at a retailer's request, a
hearing by telephone, or at the nearest regional or
field office of the Food and Drug Administration, or at
a Federal, State, or county facility within 100 miles
from the location of the retail outlet, if such a
facility is available.''.
(d) Seizure Authorities.--Section 304 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 334) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``cannabinoid
product,'' after ``drug,''; and
(B) in paragraph (2)--
(i) by striking ``and (H) Any punch'' and
inserting ``(H) Any punch''; and
(ii) by inserting before the period at the
end the following: ``, and (I) Any adulterated
or misbranded cannabinoid product'';
(2) in subsection (d)(1), by inserting ``cannabinoid
product,'' after ``tobacco product,''; and
(3) in subsection (g), by striking ``or tobacco product''
each place it appears in paragraphs (1) and (2)(A) and
inserting ``, tobacco product, or cannabinoid product''.
(e) Factory Inspection.--Section 704 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374) is amended--
(1) in subsection (a)--
(A) by inserting ``cannabinoid products,'' after
``tobacco products,'' each place it appears;
(B) by striking ``or tobacco products'' each place
it appears and inserting ``tobacco products, or
cannabinoid products''; and
(C) by striking ``and tobacco products'' and
inserting ``tobacco products, and cannabinoid
products''; and
(2) in subsection (b)(1), by inserting ``cannabinoid
product,'' after ``tobacco product,''.
(f) Publicity.--Section 705(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 375(b)) is amended by inserting ``cannabinoid
products,'' after ``tobacco products,''.
(g) Presumption.--Section 709 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379a) is amended by inserting ``cannabinoid
product,'' after ``tobacco product,''.
(h) Imports and Exports.--Section 801 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 381) is amended--
(1) in subsection (a)--
(A) by inserting ``cannabinoid products,'' after
``tobacco products,'';
(B) by striking ``or tobacco products'' each place
it appears and inserting ``, tobacco products, or
cannabinoid products''; and
(C) by striking ``or section 905(h)'' and inserting
``, 905(h), or 1103''; and
(2) in subsection (e), by striking ``tobacco product or''
and inserting ``tobacco product, cannabinoid product, or''.
SEC. 103. REGULATION OF CANNABINOID BEVERAGES CONTAINING
TETRAHYDROCANNABINOL.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Agriculture, the Commissioner of Food and Drugs, the
Attorney General, and the Director of the Alcohol and Tobacco Tax and
Trade Bureau, acting jointly, shall publish a report that includes
recommendations for a Federal regulatory framework for cannabinoid
beverages that contain tetrahydrocannabinol (as defined in paragraph
(vv) of section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321)) that--
(1) is modeled on the Federal regulatory framework for
alcohol; and
(2) delineates responsibilities among the Department of
Agriculture, the Food and Drug Administration, the Department
of Justice, and the Alcohol and Tobacco Tax and Trade Bureau,
for labeling, taxation, manufacturing, and adulteration
standards of cannabinoid beverages that contain
tetrahydrocannabinol.
TITLE II--PUBLIC HEALTH
SEC. 201. PUBLIC HEALTH SURVEILLANCE AND DATA COLLECTION.
(a) In General.--Section 392A of the Public Health Service Act (42
U.S.C. 280b-1) is amended--
(1) in the section heading, by inserting ``and adverse
health effects of cannabis use'' after ``substances'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (C) by inserting ``and
adverse health effects of cannabis use'' before
the period; and
(ii) in subparagraph (D) by inserting ``,
cannabis, and polysubstance use'' before the
period; and
(B) in paragraph (4), by inserting ``and collect
data to better understand the use and health effects of
cannabis, stimulants, and polysubstances, and'' after
``conduct studies and evaluations'';
(3) in subsection (e), by striking ``$496,000,000 for each
of fiscal years 2019 through 2023'' and inserting
``$596,000,000 for each of fiscal years 2026 through 2030'';
and
(4) by adding at the end the following:
``(f) Additional Funding.--In addition to amounts otherwise
available, there is appropriated, out of any funds in the Treasury not
otherwise appropriated, $100,000,000 for each of fiscal years 2026
through 2030 to carry out this section.''.
SEC. 202. AWARDS TO PREVENT UNDERAGE CANNABIS USE.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.) is amended by adding at the end the following:
``SEC. 553. AWARDS TO PREVENT UNDERAGE CANNABIS USE.
``(a) In General.--The Secretary, acting through the Assistant
Secretary, shall award grants, contracts, and cooperative agreements to
eligible entities to prevent and reduce underage use of cannabis.
``(b) Eligible Entities.--To receive an award under this section,
an entity shall be a State, a political subdivision of a State, an
Indian Tribe or Tribal organization, an urban Indian organization, a
nonprofit community-based organization, or any other nonprofit entity
the Secretary determines appropriate.
``(c) Use of Funds.--An eligible entity receiving an award under
this subsection shall use funds from such award to--
``(1) establish, enhance, and support culturally and
linguistically appropriate programs, including community-based,
school-based, and higher-education based programs, and programs
that target youth within the juvenile justice and child welfare
systems, that offer screening, prevention, early intervention,
diagnosis, treatment, referral, and recovery support services
related to underage cannabis use;
``(2) design, test, evaluate, and disseminate evidence-
based and evidence-informed strategies to maximize the
effectiveness of community-wide approaches to preventing and
reducing underage cannabis use;
``(3) educate children, adolescents, youth, parents, health
care providers, and communities about the dangers of underage
cannabis use, including impaired driving due to cannabis use;
``(4) collect data on underage cannabis use to identify and
address needs, service gaps, and trends;
``(5) strengthen collaboration among communities, the
Federal Government, and State, local, and Tribal governments to
prevent underage cannabis use;
``(6) address community norms regarding underage cannabis
use, reduce opportunities for underage cannabis use, and reduce
the prevalence of negative consequences associated with
underage cannabis use; and
``(7) support other evidence-based and evidence-informed
practices to reduce underage cannabis use, as determined by the
Secretary.
``(d) Supplement Not Supplant.--Funds awarded under this section
shall supplement, and not supplant, existing State, Federal, local, and
Tribal funds to prevent and reduce underage cannabis use.
``(e) Priority Consideration.--In making awards under this section,
the Secretary shall give priority to eligible entities that serve
medically underserved communities, communities with high rates of
underage cannabis use, and communities that have historically
experienced disproportionate arrest and conviction rates related to the
sale, possession, use, manufacture, or cultivation of cannabis (but not
counting convictions involving distribution of cannabis to a minor).
``(f) Funding.--In addition to amounts otherwise available, there
is appropriated, out of any funds in the Treasury not otherwise
appropriated, $25,000,000 for each of fiscal years 2026 through 2030 to
carry out this section.
``(g) Definitions.--In this section:
``(1) Cannabis.--The term `cannabis' means cannabis or a
cannabinoid product (as such terms are defined in section
201(tt) of the Federal Food, Drug, and Cosmetic Act).
``(2) Indian tribe.--The term `Indian Tribe' means the
governing body of any individually identified and federally
recognized Indian or Alaska Native tribe, band, nation, pueblo,
village, community, affiliated Tribal group, or component
reservation included on the list published most recently as of
the date of enactment of the Cannabinoid Safety and Regulation
Act pursuant to section 104(a) of the Federally Recognized
Indian Tribe List Act of 1994.
``(3) Tribal organization.--The term `Tribal organization'
means the governing body of an Indian Tribe.
``(4) Urban indian organization.--The term `urban Indian
organization' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act.''.
TITLE III--CANNABIS-IMPAIRED DRIVING PREVENTION
SEC. 301. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Cannabis.--The term ``cannabis'' means--
(A) cannabis (as defined in paragraph (tt) of
section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321)); and
(B) a cannabinoid product (as so defined).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(4) THC.--The term ``THC'' means tetrahydrocannabinol (as
defined in paragraph (vv) of section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321)).
SEC. 302. CANNABIS-IMPAIRED DRIVING RESEARCH.
(a) Cannabis-Impaired Driving Data.--
(1) In general.--The Secretary shall collect and, as
appropriate, share with the Secretary of Health and Human
Services, data relating to cannabis-impaired driving, or a
combination of cannabis and another substance, including
through the collection of crash data specific to crashes
involving drivers with--
(A) THC in their system; or
(B) a combination of THC and another substance in
their system.
(2) National roadside survey.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
initiate a National Roadside Survey to collect data on
drivers with THC in their system.
(B) Report.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall submit to
the Committees on Commerce, Science, and
Transportation, Environment and Public Works, and
Health, Education, Labor, and Pensions of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report summarizing
the data acquired, and conclusions drawn, from the
National Roadside Survey required under subparagraph
(A).
(b) Research on Risks of Cannabis-Impaired Driving.--
(1) Study required.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
carry out a study to evaluate and quantify the risks of
cannabis-impaired driving.
(B) Requirements.--The study required under
subparagraph (A) shall analyze--
(i) whether there is an increased
likelihood of crashing a motor vehicle after
recent cannabis use;
(ii) the effect of cannabis on driving
behavior;
(iii) whether there is a correlation
between THC level (as tested in oral fluids or
through any other test designated by the
Secretary in consultation with the Secretary of
Health and Human Services) and level of
impairment;
(iv) whether the current Standard Field
Sobriety Test developed by the National Highway
Traffic Safety Administration accurately
identifies cannabis impairment and impairment
due to cannabis and other substance use;
(v) whether driving behavior changes
depending on frequency of cannabis use;
(vi) whether there are any measurable
increased risks associated with using cannabis
together with another substance;
(vii) whether there is a measurable effect
of cannabis use by drivers on pedestrian
safety; and
(viii) any other data necessary to improve
safe driving outcomes, as determined by the
Secretary.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, and annually thereafter until the date
on which the study required under paragraph (1) is complete,
the Secretary shall submit to the Committees on Commerce,
Science, and Transportation, Environment and Public Works, and
Health, Education, Labor, and Pensions of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report summarizing the data acquired, and
conclusions drawn, from the study required under paragraph (1).
SEC. 303. DOT CANNABIS-IMPAIRED DRIVING PREVENTION PROGRAMS.
(a) In General.--The Secretary shall research and implement data-
driven strategies to educate the public about the dangers of cannabis-
impaired driving, which shall include the following:
(1) Cannabis-impaired driving use prevention best
practices.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
develop and issue best practices for States and
communities to prevent cannabis-impaired driving,
including impaired driving involving the use of
cannabis and another substance and practices targeting
drivers under the age of 21, in consultation with the
Director of the Centers for Disease Control and
Prevention, the Secretary of Health and Human Services,
and the heads of other Federal agencies as appropriate.
(B) Updates.--Not less frequently than biannually,
the Secretary shall update and reissue the best
practices required under subparagraph (A) as new
research and data becomes available.
(2) Cannabis-impaired driving use prevention campaigns.--
Not later than 2 years after the date of enactment of this Act,
the Secretary shall establish and carry out national campaigns
to prevent cannabis-impaired driving, including--
(A) cannabis-impaired driving involving the use of
cannabis and another substance; and
(B) cannabis-impaired driving among drivers under
the age of 21.
(b) Campaign Evaluation.--Not less frequently than once every 3
years, the Secretary shall evaluate the effectiveness of the campaigns
required under subsection (a)(2) and the activities carried out by
States using a grant awarded under section 409 of title 23, United
States Code, by using a variety of factors, including--
(1) collecting data, including behavioral data, and
comparing that data from before and after the campaigns;
(2)(A) engaging with stakeholders that were involved in the
campaigns; and
(B) analyzing feedback from those stakeholders on what the
stakeholders saw as strengths and weaknesses of the campaigns;
(3) determining whether the campaigns accomplished the
objectives the Secretary set out to accomplish through analysis
of data relating to the campaigns; and
(4) any other factors the Secretary determines appropriate
included in the document of the National Highway Traffic Safety
Administration entitled ``The Art of Appropriate Evaluation: A
Guide for Highway Safety Program Managers'' and dated December
2008 (or a successor document).
(c) Report.--Not later than 6 months after the date on which the
Secretary completes an evaluation conducted under subsection (b), the
Secretary shall submit to the Committees on Commerce, Science, and
Transportation, Environment and Public Works, and Health, Education,
Labor, and Pensions of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that--
(1) summarizes the data collected and provides the analysis
of the data from an evaluation conducted under subsection (b);
(2) includes recommendations for future impaired driving
campaigns; and
(3) includes any determinations that a national campaign or
an activity carried out by a State using a grant awarded under
section 409 of title 23, United States Code, is ineffective at
preventing cannabis-impaired driving.
SEC. 304. STATE CANNABIS-IMPAIRED DRIVING PREVENTION GRANT PROGRAM.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by inserting after section 408 the following:
``Sec. 409. State cannabis-impaired driving prevention grant program
``(a) Definitions.--In this section:
``(1) Cannabis.--The term `cannabis' has the meaning given
the term in paragraph (tt) of section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
``(2) Grant program.--The term `grant program' means the
grant program established under subsection (b).
``(3) THC.--The term `THC' means tetrahydrocannabinol (as
defined in paragraph (vv) of section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321)).
``(b) Establishment.--Not later than 1 year after the date of
enactment of the Cannabinoid Safety and Regulation 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.
``(c) Eligibility.--The Secretary may provide a grant under this
section to any State that--
``(1) 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 303(a)(1) of the
Cannabinoid Safety and Regulation Act; and
``(2) 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).
``(d) Use of Funds.--A State may use a grant awarded under this
section for the following activities:
``(1) Enforcement activities, including--
``(A) to train public safety personnel to detect
impaired driving due to the use of cannabis or a
combination of cannabis and another substance;
``(B) 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);
``(C) 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;
``(D) to develop and implement high-visibility
enforcement efforts relating to cannabis-impaired
driving; and
``(E) 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--
``(i) handling cannabis-impaired driving
cases;
``(ii) hiring traffic safety resource
prosecutors;
``(iii) hiring judicial outreach liaisons;
and
``(iv) establishing driving while
intoxicated courts.
``(2) Data collection activities, including--
``(A) 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
``(B) 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.
``(3) Education activities, including--
``(A) 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
``(B) to participate in national campaigns
organized by the Secretary under section 303(a)(2) of
the Cannabinoid Safety and Regulation Act.
``(e) Prohibition.--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
303(b) of the Cannabinoid Safety and Regulation Act.
``(f) Grant Amounts.--
``(1) In general.--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).
``(2) Requirement.--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).
``(g) Federal Share.--
``(1) In general.--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.
``(2) Decreased federal share.--
``(A) In general.--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--
``(i) 70 percent in the fourth fiscal year
after the date on which the grant program is
established under subsection (b);
``(ii) 60 percent in the fifth fiscal year
after that date; and
``(iii) 50 percent in the sixth fiscal year
after that date and each fiscal year
thereafter.
``(B) Condition.--The condition referred to in
paragraph (1) and subparagraph (A) is that the State
shall implement an open container law relating to
cannabis products.
``(h) Funding.--In addition to amounts otherwise available, there
is appropriated, out of any money in the Treasury not otherwise
appropriated, $40,000,000 for each of fiscal years 2026 through 2030 to
carry out this section.''.
(b) Clerical Amendment.--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.''.
SEC. 305. NATIONAL CANNABIS IMPAIRMENT STANDARD.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, and once every 2 years thereafter, the Secretary shall
make a determination as to whether or not it is feasible to establish a
national standard for determining impairment for cannabis-impaired
driving.
(b) Rulemaking Required.--If the Secretary determines that
establishing a national standard relating to cannabis-impaired driving
under subsection (a) is feasible, the Secretary shall, not later than 1
year after that determination, promulgate regulations establishing a
model cannabis impairment standard for States.
SEC. 306. FUNDING.
In addition to amounts otherwise available, there is appropriated,
out of any money in the Treasury not otherwise appropriated,
$30,000,000 for each of fiscal years 2026 through 2030 to carry out
sections 302 and 303.
<all>