IN THE SENATE OF THE UNITED STATES
May 13, 2015
Mr. Gardner (for himself, Mr. Wyden, Mr. Hatch, Mr. Isakson, Mr. Merkley, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Controlled Substances Act to exclude cannabidiol and cannabidiol-rich plants from the definition of marihuana, and for other purposes.
This Act may be cited as the
Therapeutic Hemp Medical Access Act of 2015.
Exclusion of cannabidiol and cannabidiol-rich plants from definition of marihuana
Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended, in the second sentence—
or the sterilized seed and inserting
the sterilized seed; and
by inserting before the period at the end the following:
, cannabidiol, or cannabidiol-rich plants.
Section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended, is further amended by adding at the end the following:
The term cannabidiol-rich plant means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
A cannabidiol-rich plant shall not be treated as a controlled substance under this Act.
The term cannabidiol means the substance cannabidiol, as derived from a cannabidiol-rich plant.
Cannabidiol shall not be treated as a controlled substance under this Act.
The term tetrahydrocannabinol concentration means—
the percent of the delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis sativa L. or per volume of weight of marihuana product; or
the combined percent of the delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis sativa L., regardless of moisture content.
Rule of construction
Nothing in this Act, or the amendments made by this Act, shall be construed to 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.