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CBD Oil Act of 2016

H.R. 4779 · 114th Congress · Mar 17, 2016 · Lineage

A BILL

To amend the Controlled Substances Act to prevent Federal prosecutions for certain conduct, relating to CBD oil, that is lawful under State law, and for other purposes.

Section 1 Short title

This Act may be cited as the “CBD Oil Act of 2016”.

Sec. 2 Exemption from certain criminal penalties of conduct relating to CBD oil

(a)
In general— Part D of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:

“424. Bar to prosecution of certain conduct, relating to CBD oil, that is lawful under State law

“(a) It is a bar to prosecution under this title that the conduct alleged to constitute the offense—

“(1) consists of or is incident to qualified activity relating to CBD oil; and

“(2) is lawful under State law in the place it occurs.

“(b) In this section the following definitions apply:

“(1) The term “qualified activity relating to CBD oil” means—

“(A) the production or distribution of CBD oil for medical research; or

“(B) the use of CBD oil for medical purposes.

“(2) The term “CBD oil” means a substance, not containing any other psychoactive substance, that is an extract from a cannabis plant composed of tetrahydrocannabinol and cannabidiol in a proportion that is considered nonpsychoactive under applicable State law.”

(b)
Clerical amendment— The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following new item: