[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1204 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1204
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Schatz (for himself, Mr. Wyden, Mr. Kelly, Mr. Booker, Ms. Rosen,
Mr. Sanders, Mr. Padilla, Mr. Kaine, and Mr. Merkley) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medical Marijuana Safe
Harbor Act.''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chronic pain affects the veteran population, with
almost 60 percent of veterans returning from serving in the
Armed Forces in the Middle East, and more than 50 percent of
older veterans, who are using the health care system of the
Department of Veterans Affairs living with some form of chronic
pain.
(2) In 2020, opioids accounted for approximately 75 percent
of all drug overdose deaths in the United States.
(3) Veterans are twice as likely to die from opioid-related
overdoses than nonveterans.
(4) States with recreational cannabis laws experienced a
7.6 percent reduction in opioid-related emergency department
visits during the 180-day period after the implementation of
such laws.
(5) Marijuana and its compounds show promise for pain
management and treating a wide-range of diseases and disorders,
including post-traumatic stress disorder.
(6) Medical marijuana in States where it is legal may serve
as a less harmful alternative to opioids in treating veterans.
SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL MARIJUANA.
(a) Safe Harbor.--Notwithstanding the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or any other Federal law, it shall not be
unlawful for--
(1) a veteran to use, possess, or transport medical
marijuana in a State or on Indian land if the use, possession,
or transport is authorized and in accordance with the law of
the applicable State or Indian Tribe;
(2) a physician to discuss with a veteran the use of
medical marijuana as a treatment if the physician is in a State
or on Indian land where the law of the applicable State or
Indian Tribe authorizes the use, possession, distribution,
dispensation, administration, delivery, and transport of
medical marijuana; or
(3) a physician to recommend, complete forms for, or
register veterans for participation in a treatment program
involving medical marijuana that is approved by the law of the
applicable State or Indian Tribe.
(b) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' means any of the
Indian lands, as that term is defined in section 824(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1680n).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Physician.--The term ``physician'' means a physician
appointed by the Secretary of Veterans Affairs under section
7401(1) of title 38, United States Code.
(4) State.--The term ``State'' has the meaning given that
term in section 102 of the Controlled Substances Act (21 U.S.C.
802).
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
(c) Sunset.--This section shall cease to have force or effect on
the date that is five years after the date of the enactment of this
Act.
SEC. 4. RESEARCH ON USE OF MEDICAL MARIJUANA BY VETERANS.
(a) Research on Effects of Medical Marijuana on Veterans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall support clinical research on the use of medical
marijuana--
(A) by veterans to manage pain; and
(B) for the treatment of veterans for diseases and
disorders such as post-traumatic stress disorder.
(2) Interagency coordination.--The Secretary shall
coordinate and collaborate with other relevant Federal agencies
to support and facilitate clinical research under paragraph
(1).
(3) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the ongoing clinical research supported by the
Secretary under paragraph (1), which shall include such
recommendations for legislative or administrative action as the
Secretary considers appropriate to continue to support the
management of pain and the treatment of diseases and disorders
of veterans.
(b) Study on Use by Veterans of State Medical Marijuana Programs.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall conduct a study
on the relationship between treatment programs involving
medical marijuana that are approved by States, the access of
veterans to such programs, and a reduction in opioid use and
misuse among veterans.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed, the
Secretary shall submit to Congress a report on the study, which
shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate.
(c) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given that term in section 101 of title 38, United States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs such sums as may be
necessary to carry out this section.
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