Amendments to the Federal Food, Drug, and Cosmetic Act

(a) Definitions Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended— (1) in paragraph (g)(1)(C), by striking (other than food) and inserting (other than food or cannabis products); (2) in paragraph (ff)(1), by striking (other than tobacco) and inserting (other than a tobacco product or cannabis product); (3) in paragraph (rr)(4), by inserting cannabis product, after medical device,; and (4) by adding at the end the following: (tt) (1) (A) The term cannabis means— (i) all parts of the plant Cannabis sativa L., whether growing or not; (ii) the seeds thereof; (iii) the resin extracted from any part of such plant; and (iv) every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. (B) The term cannabis does not include— (i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or (ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (2) (A) The term cannabis product means any product made or derived from cannabis that is intended for consumption or applied to the body of man or other animals, including any component of such product. (B) A cannabis product does not mean an article that is a drug within the meaning of paragraph (g)(1). (3) With respect to cannabis or a cannabis product, the term manufacture includes the planting, cultivation, growing, and harvesting of cannabis.. (b) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended— (1) by inserting cannabis product, after tobacco product, each place it appears in paragraphs (g) and (h); (2) in paragraph (j), by striking or 920(b) and inserting 920(b), or 1104; (3) in paragraph (p)— (A) by striking 510 or 905 and inserting 510, 905, or 1104; (B) by striking or 905(j) and inserting 905(j), or 1104(g); and (C) by striking or 905(i)(3) and inserting, 905(i)(3), or 1104(g)(2); (4) in paragraph (q)(2) by inserting, cannabis product, after device; (5) in paragraph (r), by inserting cannabis product, after device, each place it appears; and (6) by adding at the end the following: (jjj) (1) The sale or distribution of a cannabis product to any person younger than 21 years of age. (2) The sale or distribution, in any retail single transaction, of more than 10 ounces of any cannabis product. (3) The sale or distribution of an article that is a cannabis product and that contains alcohol, caffeine, or nicotine. (4) The failure of a manufacturer or distributor to notify the Attorney General and the Secretary of the Treasury of its knowledge of cannabis products used in illicit trade. (kkk) (1) The introduction or delivery for introduction into commerce of any cannabis product that is adulterated or misbranded. (2) The adulteration or misbranding of any cannabis product in commerce. (3) The receipt in commerce of any cannabis product that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (4) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a cannabis product, if such act is done while such article is held for sale (whether or not the first sale) after shipment in commerce and results in such article being adulterated or misbranded. (lll) The failure to comply with the requirements of section 524D.. (c) Seizure authorities Section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting cannabis product, after drug,; and (B) in paragraph (2), by inserting or cannabis product after tobacco product; (2) in subsection (d)(1), by inserting cannabis product, after tobacco product,; and (3) in subsection (g), by striking or tobacco product each place it appears in paragraphs (1) and (2)(A) and inserting, tobacco product, or cannabis product. (d) Factory inspection Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) is amended— (1) in subsection (a)— (A) by inserting cannabis products, after tobacco products, each place it appears; (B) by striking or tobacco products each place it appears and inserting tobacco products, or cannabis products; and (C) by striking and tobacco products and inserting tobacco products, and cannabis products; and (2) in subsection (b)(1), by inserting cannabis product, after tobacco product,. (e) Publicity Section 705(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 375(b)) is amended by inserting cannabis products, after tobacco products,. (f) Presumption Section 709 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379a) is amended by inserting cannabis product, after tobacco product,. (g) Imports and exports Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended— (1) in subsection (a)— (A) by inserting cannabis products, after tobacco products,; (B) by striking or tobacco products each place it appears and inserting, tobacco products, or cannabis products; and (C) by striking or section 905(h) and inserting, 905(h), or 1104; and (2) in subsection (e), by striking tobacco product or and inserting tobacco product, cannabis product, or.