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Full Text of this Amendment

SA 1008. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1082, to amend the Federal Food, Drug, and Cosmetic Act to reauthorize and amend the prescription drug user fee provisions, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 252 and insert the following:
SEC. __. MARIJUANA SMOKED BY PATIENTS.
(a) Evaluation and Report.--
(1) EVALUATION.--The Secretary of Health and Human Services shall conduct an evaluation of the manufacture, distribution, and use of marijuana in States that have enacted laws legalizing, decriminalizing, or otherwise allowing the use of marijuana for purported medical use to determine--
(A) whether such activity is taking place in violation of any provision of Federal law for which the Department of Health of Human Services is responsible; and
(B) whether such marijuana activities are taking place in violation of any provision of the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that is designed to ensure the safety and effectiveness of drugs used by the American public.
(2) REPORT.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report concerning the findings of the evaluation conducted under paragraph (1).
(b) Determination of Effectiveness.--Not later than 30 days after the date of enactment of this Act, the Commissioner of Food and Drugs shall, based on available scientific data, make a determination, and disclose such determination to the general public, concerning--
(1) whether or not smoked marijuana is a safe or effective treatment for any medical condition; and
(2) the adverse impact to human health, both physician and mental, as a result of smoking marijuana.


(As printed in the Congressional Record for the Senate on May 2, 2007.)