5-Appendix FF.pdf

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Attached to
Evaluation Services SSCP-000023 JDRC
Solicitation number
Not on record
Issued by
Delaware County, Pennsylvania

About this file

This is an appendix document outlining medical marijuana prohibition requirements applicable to contractors receiving federal funds under the related Delaware County, Pennsylvania evaluation services contract. The document specifies that contractors are prohibited from using federal funds directly or indirectly to purchase, prescribe, or provide marijuana or any treatment utilizing marijuana, including treatment for opioid use disorder. This prohibition is mandated by federal regulations under 45 C.F.R. 75.300(a) and federal law under 21 U.S.C. 812(c) and 841, which require the Department of Health and Human Services to ensure federal funding is expended in accordance with U.S. statutory requirements and prohibit possession, manufacture, sale, purchase, or distribution of marijuana.

The prohibition contains a limited exception for contractors providing marijuana-related treatment solely within the context of clinical research that has been authorized by the Drug Enforcement Administration and operates under an FDA-approved investigational new drug application where marijuana or its constituents are the subject of evaluation. This carve-out applies only to research activities meeting these specific federal requirements and does not expand the general prohibition on federal fund usage for marijuana-related purposes in non-research contexts.

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APPENDIX FF

Standard_Appendices(AppendixFF) 4/20, 2/22

MEDICAL MARIJUANA PROHIBITION

The Contractor may not use federal funds directly or indirectly to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. See e.g. 45 C.F.R § 75.300(a) requiring The Department of Health and Human Services (HHS) to “ensure that Federal funding is expended… in full accordance with U.S. statutory … requirements” and 21 U.S.C §§ 812(c) and 841 prohibiting the possession, manufacture, sale, purchase or distribution of marijuana. This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the Drug Enforcement Administration (DEA) and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.

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