Currently, the CSA excludes distilled spirits, wine, malt beverages, and tobacco from the meaning of “controlled substance” under the CSA; the SRA would do the same for cannabis.
Similar to the CAO and the MORE Act, the SRA would apply its changes to the CSA retroactively to any “offense committed, case pending, conviction entered,” including for juveniles, prior to enactment.
Each state would also be able to determine the age limit for purchase of adult-use products, although the federal government would withhold 10% of funding for highways to any state that allowed any person under 21 to purchase adult-use products.
The Food and Drug Administration “shall have the same authorities with respect to cannabis products that it has with respect to alcohol and no more.” With respect to cannabis-infused foods and dietary supplements, FDA would be required to issue rules regarding lawful serving sizes.
New applicants, however, would need to meet various criteria, including an ability to comply with federal law; commence operations quickly, in conformity with state law; and not have been convicted of a “disqualifying offense.” If a permit is denied, an applicant would be entitled to a hearing and an appeal.
The SRA would also ensure that raw cannabis is regulated similarly to raw barley, hops, and grains and includes dual specialty crop designation, pursuant to mandatory rulemaking by the Department of Agriculture.
Revenues from the excise tax would be used to fund the Crisis Stabilization and Community Reentry Grant Program, the Edward Byrne Justice Assistance Grant Program, the Community-Oriented Policing Service Program, and the Small Business Administration programs. Additionally, revenues would help fund small-business investment companies, including guarantees of debentures eligible under the Small Business Investment Act.
Fourth, the SRA would require FDA to issue a rule to clarify intended conditions of use for whole-plant cannabis extracts and individual cannaboinoids extracts used for dietary supplements.
In May, Representative Dave Joyce introduced a widely anticipated discussion draft of their comprehensive reform bill, the: the “CAO.” The senators have been soliciting input from stakeholders over the last few months, and we expect a revised draft to be introduced into the Senate in the near term.
Dan advises and advocates for clients at the intersection of federal legislative and regulatory policy and compliance, focusing on financial services issues affecting depository institutions, trust companies, money services businesses including digital asset exchanges, wallet providers, and token issuers; and the cannabis industry.
Mr. Hartman represents companies and individuals in criminal and civil investigations, trials, and appeals primarily involving complex federal regulatory programs, with an emphasis on environmental matters, and advises clients on compliance with those programs. He also conducts internal investigations, counsels clients regarding corporate compliance programs, and represents clients in Congressional investigations regarding lobbying, ethics, and related issues.
A member of the public policy and law practice group, he is a seasoned policy professional and experienced attorney with significant government relations, legislative, litigation, and labor/employment experience advising Congressional members, venture-backed companies, and executives of Fortune 500 companies.
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