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(d)(1) The Commission shall conduct a study of marihuana including, but not limited to, the following areas:
(A) the extent of use of marihuana in the United States to include its various sources, the number of users, number of arrests, number of convictions, amount of marihuana seized, type of user, nature of use;
(B) an evaluation of the efficacy of existing marihuana laws;
(C) a study of the pharmacology of marihuana and its immediate and long-term effects, both physiological and psychological;
(D) the relationship of marihuana use to aggressive behavior and crime;
(E) the relationship between marihuana and the use of other drugs; and
(F) the international control of marihuana. (2) Within one year after the date on which funds first become available to carry out this section, the Commission shall submit to the President and the Congress a comprehensive report on its study and investigation under this subsection which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations.
(e) The Commission shall conduct a comprehensive study and investigation of the causes of drug abuse and their relative significance. The Commission shall submit to the President and the Congress such interim reports as it deems advisable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and administrative actions as it deems appropriate. The Commission shall cease to exist sixty days after the final report is submitted under this subsection.
(f) Total expenditures of the Commission shall not exceed $1,000,000.
PART G-CONFORMING, TRANSITIONAL AND EFFECTIVE
DATE, AND GENERAL PROVISIONS
REPEALS AND CONFORMING AMENDMENTS
SEC. 701. (a) Sections 201(v), 301(9), and 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 (v), 331(9), 360 (a) are repealed.
(b) Subsections (a) and (b) of section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) are amended to read as follows:
"SEC. 303. (a) Any person who violates a provision of section 301 shall be imprisoned for not more than one year or fined not more than $1,000, or both.
“(b) Notwithstanding the provisions of subsection (a) of this section, if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000 or both."
(c) Section 304(a) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(a) (2) is amended (1) by striking out clauses (A) and (D), (2) by striking out "of such depressant or stimulant drug or” in clause (C),
3) by adding "and" after the comma at the and of clause (C), and (4) by redesignating clauses (B), (C), and (E) as clauses (A), (B), and (C), respectively.
(d) Section 304 (d) (3) (iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(d) (3) (iii)) is amended by striking out "depressant or stimulant drugs
(e) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended (1) in subsection (a) by striking out paragraph (2), by inserting "and" at the end of paragraph (1), and by redesignating paragraph (3) as paragraph (2) ; (2) by striking out for in the wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection (b); (3) by striking out the last sentence of subsection (b); (4) by striking out “or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug" in the first sentence of subsection (c); (5) by striking out the last sentence of subsection (c); (6) by striking out “(1)” in subsection (d) and by inserting a period after “drug or drugs” in that subsection and deleting the remainder of that subsection; and (7) by striking out “AND CERTAIN WHOLESALERS” in the section heading.
(f) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by striking out "to depressant or stimulant drugs or” in subsection (e).
(g) Section 201 (a) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(a) (2)) is amended by inserting a period after "Canal Zone" the first time these words appear and deleting all thereafter in such section 201(a) (2).
(h) The last sentence of section 801 (a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended (1) by striking out “This paragraph” and inserting in lieu thereof “Clause (2) of the third sentence of this paragraph,”, and (2) by striking out “section 2 of the Act of May 26, 1922, as amended (U.S.C. 1934, edition, title 21, sec. 173)” and inserting in lieu thereof “the Controlled Substances Import and Export Act”.
(i) (1) Section 1114 of title 18, United States Code, is amended by striking out “the Bureau of Narcotics” and inserting in lieu thereof "the Bureau of Narcotics and Dangerous Drugs”. (2) Section 1952 of such title is amended
(A) by inserting in subsection (b) (1) "or controlled substances (as defined in section 102(6) of the Controlled Substances Act)” immediately following “narcotics"; and
(B) by striking out “or narcotics” in subsection (c). (j) Subsection (a) of section 302 of the Public Health Service Act (42 U.S.C. 242(a)) is amended to read as follows:
"SEC. 302. (a) In carrying out the purposes of section 301 with respect to drugs the use or misuse of which might result in drug abuse or dependency, the studies and investigations authorized therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and investigations shall further include the quantities of crude opium, coca leaves, and their salts, derivatives, and preparations, and other drugs subject to control under the Controlled Substances Act and Controlled Substances Import and Export Act, together with reserves thereof, necessary to supply the normal and emergency medicinal and scientific requirements of the United States. The results of studies and investigations of the quantities of narcotic drugs or other drugs subject to control under such Acts, together with reserves of such drugs, that are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be reported not later than the first day of April of each year to the Attorney General, to be used at his discretion in determining manufacturing quotas or importation requirements under such Acts.”
SEC. 702. (a) Prosecutions for any violation of law 21 U.S.C. 821 occurring prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof.
(c) All administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on the date of enactment of this Act shall be continued and brought to final determination in accord with laws and regulations in effect prior to such date of enactment. Where a drug is finally determined under such proceedings to be a depressant or stimulant drug, as defined in
section 201(v) of the Federal Food, Drug, and Cosmetic Act, such drug shall automatically be controlled under this title by the Attorney General without further proceedings and listed in the appropriate schedule after he has obtained the recommendation of the Secretary. Any drug with respect to which such a final determination has been made prior to the date of enactment of this Act which is not listed in section 202 within schedules I through V shall automatically be controlled under this title by the Attorney General without further proceedings, and be listed in the appropriate schedule, after he has obtained the recommendations of the Secretary.
(d) Notwithstanding subsection (a) of this section or section 1103, section 4202 of title 18, United States Code, shall apply to any individual convicted under any of the laws repealed by this title or title III without regard to the terms of any sentence imposed on such individual under such law.
21 U.S.C. 822 note
Sec. 703. (a) (1) Any person who
(A) is engaged in manufacturing, distributing, or dispensing any controlled substance on the day before the effective date of section 302, and
(B) is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Internal Revenue Code of
1954, shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 303 for the manufacture, distribution, or dispensing (as the case may be) of controlled substances.
(2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 or under such section 4722 (as the case may be) shall be his reg. istration number for purposes of section 303 of this title.
(b) The provisions of section 304, relating to suspension and revocation of registration, shall apply to a provisional registration under this section.
(c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a) (1) of this section shall be in effect until
(1) the date on which such person has registered with the Attorney General under section 303 or has had his registration denied under such section, or
(2) such date as may be prescribed by the Attorney General for registration of manufacturers, distribu
tors, or dispensers, as the case may be, whichever occurs first.
EFFECTIVE DATES AND OTHER TRANSITIONAL PROVISIONS
21 U.S.C. 801 note
Sec. 704. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment.
(b) Parts A, B, E, and F of this title, section 702, this section, and sections 705 through 709, shall become effective upon enactment.
(c) Sections 305 (relating to labels and labeling), and 306 (relating to manufacturing quotas) shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title.
CONTINUATION OF REGULATIONS
Sec. 705. Any orders, rules, and regulations which have 21 U.S.C. 801 been promulgated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed.
SEVERABILITY Sec. 706. If a provision of this Act is held invalid, all 21 U.S.C. 901 valid provisions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable.
Sec. 707. Nothing in this Act, except this part and, to 21 U.S.C. 902 the extent of any inconsistency, sections 307(e) and 309 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act.
APPLICATION OF STATE LAW
Sec. 708. No provision of this title shall be construed 21 U.S.C. 908 as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together.