The Senate today approved a bill to reauthorize the Food and Drug Administration (FDA). Contained within the bill is a provision, section 252, added by Dr. Coburn when the bill was considered in Committee that would apply FDA regulations and fines to those who sell “medical marijuana.”

Because marijuana has not been approved by FDA for any medical use, that means drug dealers who promote or advertise marijuana for medical use could be fined as much as $150,000 for a first offense and $300,000 for additional false advertising offenses. In addition, those who sell marijuana for unapproved medical uses would be subject to FDA fines as high as $2 million for non-compliance with FDA statutory requirements set by this bill. A similar bill still needs to be considered by the House of Representatives. It is unlikely that the Democrat majority in the House will include a similar provision although a House member could offer a similar amendment.

SEC. 252. MEDICAL MARIJUANA.

The Secretary shall require that State-legalized medical marijuana be subject to the full regulatory requirements of the Food and Drug Administration, including a risk evaluation and mitigation strategy and all other requirements and penalties of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) regarding safe and effective reviews, approval, sale, marketing, and use of pharmaceuticals.