DEPARTMENT OF HEALTH & HUMAN SERVICE! Office of the Secretary Washingion, D.C. 20207 Qe 7 JUL 19 2019 ‘The Honorable Gary R. Herbert Governor State of Utah Salt Lake City, Utah 84114-2220 Dear Governor Herbert: Thank you for your letter to Secretary Azar inquiring about how implementation of Utah’s recent law authorizing the use of medical marijuana will affect the state's eli 'y for Department of Health and Human Services’ (HHS) grants. He has asked me to respond on his behalf. The eligibility criteria to apply for HHS grant funding is clearly stated in the notice of funding opportunity and supported by provisions of the HHS grants regulations at 45 CFR Part 75. Utah’s Medical Marijuana law will not affect the State’s eligibility to apply for HHS grants nor will it affect the outcome of the State’s application. HHS grants application and review processes are based on an unbiased evaluation of the merit of the proposal in response to the review criteria published in the respective notice of funding opportunity. However, marijuana is a Schedule I substance under the Federal Controlled Substances Act and, as such, only under extremely rare circumstances may federal funds be utilized directly or indirectly to support any program or initiative (other than research) associated with marijuana— not just in Utah, but nationwide. Medical marijuana is not an allowable cost under HHS grants awards; the post-award program evaluations and audits will examine the allowability of all costs. HHS is committed to strategic partnerships with state, tribal, local, territorial, and nongovernmental organizations in the effort to improve public health, The mission of HHS is to enhance the health and well-being of all Americans, by providing for effective health and human services and by fostering sound, sustained advances in the sciences underlying medicine, public health, and social services. If you or your staff have any questions or concerns, please do not hesitate to contact Laura ‘Trueman, Acting Director, Office of Intergovernmental and External Affairs, at (202) 690-6060. Sincerely, Jennifer ough Acting Assistant Secretary for Financial Resources