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Charlotte’s Web Medical Access Act of 2015

H.R. 1635 · 114th Congress · Mar 25, 2015 · Lineage

A BILL

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

Section 1 Short title

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

Sec. 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.”

Sec. 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.

Sec. 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.