Cannabis Products Advisory Committee

(a) Establishment (1) In general There is established the Cannabis Products Advisory Committee (in this section referred to as the Committee). (2) Purpose The Committee shall advise any relevant Federal regulatory body, agency, or bureau regarding the administration of this Act (including any amendments made by this Act). (b) Membership (1) Appointments (A) In general The Committee shall be composed of 22 members who are appointed by the Secretary of Health and Human Services (in this section referred to as the Secretary). (B) Date The Secretary shall make the appointments described in subparagraph (A) not later than 60 days after the date of enactment of this section. (2) Term of service (A) In general Each member of the Committee shall serve a term of 5 years from the date of appointment by the Secretary. No member may be removed prior to the expiration of his or her term without a showing of good cause. (B) Reappointment A member may be reappointed but may not serve more than 2 terms. (C) Vacancies (i) In general Any vacancy in the Committee shall be filled by the Secretary not later than 90 days after the vacancy. (ii) Term A member appointed to fill a vacancy in the Committee shall serve as a member of the Committee for the remainder of the original term of appointment. (3) Membership composition The Committee shall be composed of the following members: (A) Industry stakeholders Three representatives from the cannabis industry, not less than 1 of which is an individual representing a historically underrepresented community or an individual adversely impacted by the War on Drugs (as defined in section 301 of this Act), including— (i) 2 individuals who represent the viewpoint of cannabis cultivators and processors; and (ii) 1 individual who represents the viewpoint of cannabis wholesalers and retailers. (B) Equity and social justice advocate One individual with experience in equity and social justice advocacy with respect to the cannabis industry and criminal justice. (C) State cannabis regulator One individual who represents the viewpoint of State cannabis regulators. (D) Consumers and patients One individual who represents the viewpoint of cannabis consumers and patients. (E) Public health, medicine, or science Four individuals who are technically qualified by training and experience in public health, medicine, or other sciences, including— (i) 2 individuals with domestic or international cannabinoid research experience, 1 of whom shall also have experience treating patients using medical cannabis; and (ii) 2 individuals with experience in substance use and misuse prevention, intervention, and treatment, 1 of whom shall have such experience pertaining to individuals under 21 years of age. (F) Public safety One individual with experience in public safety with respect to cannabis and the cannabis industry. (G) Office of National Drug Control Policy One representative from the Office of National Drug Control Policy. (H) Department of Veterans Affairs One representative from the Department of Veterans Affairs. (I) Alcohol, Tobacco, and Cannabis Tax and Trade Bureau One representative from the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. (J) National Governors Association One representative from the National Governors Association. (K) Department of Transportation One representative from the Department of Transportation. (L) Department of Health and Human Services Four representatives from the Department of Health and Human Services, including from the Food and Drug Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Substance Abuse and Mental Health Services Administration. (M) Labor unions One labor union representative. (N) Indian Tribe One representative from an Indian Tribe. (4) Administrative Support The Secretary shall furnish the Committee clerical and other assistance to enable the Committee to perform its duties. (5) Compensation (A) Compensation of members A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate fixed by the Secretary, which may not exceed the daily equivalent of the rate in effect under the Senior Executive Schedule under section 5382 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (B) Travel expenses While away from their home or regular place of business in the performance of services for the Committee, a member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (6) Chair The Committee shall select a Chair from among the members of the Committee. (7) Subcommittees The Committee may establish subcommittees to facilitate the ability of the Committee to discharge its duties (as described in subsection (c)). (c) Duties The Committee shall— (1) consider all matters submitted to it by the Secretary; (2) on its own initiative, recommend to the Secretary guidelines, rules, and regulations and any changes to guidelines, rules, and regulations that the Committee considers important or necessary for the Secretary’s review and consideration, with a focus on ensuring equity and social justice in such guidelines, rules, and regulations; (3) consider the safety of introducing new cannabis products into the market; (4) review and recommend public health surveillance activities to monitor population-level health effects with respect to cannabis; (5) identify and prioritize gaps in the science important to public health and medicine with respect to cannabis; (6) make recommendations to the Secretary of the Treasury regarding approval of waivers of disqualifying offenses with respect to permit applications under section 302(a)(2)(B) of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) (as added by section 511); and (7) not later than 1 year after the date of enactment of this section, and annually thereafter, publish a publicly available report describing the activities of the Committee, including any recommendations the Committee made to the Secretary during the reporting period and whether such recommendations were implemented. (d) Meetings (1) Frequency (A) In general The Committee shall meet on a quarterly basis but may meet more frequently if necessary. (B) Cancellation (i) In general Subject to clause (ii), the Chair may cancel a Committee meeting not less than 3 business days prior to such meeting if, in consultation with the members of the Committee, the Chair determines— (I) the meeting is not needed; or (II) there will not be a quorum present at such meeting. (ii) Exceptions Any meeting may be canceled by the Chair at any time due to inclement weather or an emergency situation. (2) Voting (A) Quorum (i) In general A majority of the members of the Committee shall constitute a quorum. (ii) Requirement A quorum of members shall be required for any decision of the Committee. (iii) Effect of no quorum In the absence of such a quorum, any business transacted by the Committee shall be null and void, except any measure taken to obtain a quorum or to reschedule another meeting. (B) Majority vote Any decision by or recommendation to the Secretary of the Treasury or the Secretary of Health and Human Services from the Committee shall be adopted by a majority vote of the Committee. (C) Consensus; vote recording (i) In general Decision-making by the Committee shall be by consensus when possible. (ii) No consensus (I) Vote If consensus cannot be reached by the Committee, a vote of the members of the Committee will be taken. (II) Quorum required To take a vote under subclause (I), a quorum of the members shall be present. (III) Recording The results of any vote taken under subclause (I) shall be recorded, as well as any statement of concurrence or disagreement, if applicable. (3) Teleconference A member may fully participate in a meeting via teleconference. (4) Confidentiality (A) In general Any discussion of the Committee relative to the work of the Committee is regarded as confidential information and may not be discussed in any form outside the context of the Committee meetings. (B) Waiver requests Any materials submitted to the Committee under section 302(a)(2)(B) of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) (as added by section 511), and any transcript made with respect to such submission regarding any particular person, shall be redacted. (5) Non-application of FACA Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any part of a meeting held by the Committee with respect to a waiver request submitted to the Committee under section 302(a)(2)(B) of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.) (as added by section 511). (e) Statements of policy A member of the Committee may not make a statement of policy that purports to be that of the Committee unless the Committee has adopted such a policy, except that any such member shall not be prohibited from stating his or her personal opinion, provided the opinion is clearly identified as such. (f) Termination Section 1013 of chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act) shall not apply to the Committee.