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H.R. 1635 (114th): Charlotte’s Web Medical Access Act of 2015

The text of the bill below is as of Mar 25, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 1635

IN THE HOUSE OF REPRESENTATIVES

March 25, 2015

(for himself, Mr. Austin Scott of Georgia, Mr. Massie, Mr. Honda, Mr. Grayson, Ms. Norton, Mr. Lowenthal, Mr. Blumenauer, Mr. McClintock, Mr. Jones, Mr. Barr, Mr. Dold, Mr. Cohen, Mr. Yarmuth, Mr. Cooper, Mr. David Scott of Georgia, Mr. Woodall, Mr. Hanna, and Mr. Van Hollen) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Controlled Substances Act to exclude cannabidiol and cannabidiol-rich plants from the definition of marihuana, and for other purposes.

1.

Short title

This Act may be cited as the Charlotte’s Web Medical Access Act of 2015.

2.

Exclusion of cannabidiol and cannabidiol-rich plants from definition of marihuana

(a)

In general

Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended in paragraph (16)—

(1)

by striking (16) The and inserting (16)(A) The; and

(2)

by adding at the end the following:

(B)

Cannabidiol and cannabidiol-rich plants—

(i)

are excluded from the definition of marihuana under subparagraph (A); and

(ii)

shall not be treated as controlled substances under this Act.

.

(b)

Definitions

Section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended, is further amended by adding at the end the following:

(57)

The term cannabidiol-rich plant means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(58)

The term cannabidiol means the substance cannabidiol, as derived from a cannabidiol-rich plant.

.

3.

Other limitations

(a)

Non-Applicability of Federal Food, Drug, and Cosmetic Act

The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall not apply to cannabidiol or cannabidiol-rich plants as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) as amended by this Act.

(b)

State law

Nothing in this Act shall prohibit or otherwise restrict any activities related to the use, production, or distribution of marijuana in a State in which such activities are legal under State law.

4.

Sunset provision

The provisions of this Act, and the provisions inserted into the Controlled Substances Act by this Act, shall cease to apply on the date that is 3 years after the date of enactment of this Act.