[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1764 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1764

  To extend the principle of federalism to State drug policy, provide 
  access to medical marijuana, and enable research into the medicinal 
                        properties of marijuana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2017

   Mr. Booker (for himself, Mr. Paul, Mrs. Gillibrand, Mr. Lee, Mr. 
 Franken, and Ms. Murkowski) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To extend the principle of federalism to State drug policy, provide 
  access to medical marijuana, and enable research into the medicinal 
                        properties of marijuana.

    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 ``Compassionate Access, Research 
Expansion, and Respect States Act of 2017'' or the ``CARERS Act of 
2017''.

SEC. 2. FEDERALISM IN DRUG POLICY.

    Section 708 of the Controlled Substances Act (21 U.S.C. 903) is 
amended--
            (1) by striking ``No provision'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), no 
provision''; and
            (2) by adding at the end the following:
    ``(b) Compliance With State Law.--Notwithstanding any other 
provision of law, the provisions of this title relating to marihuana 
shall not apply to any person acting in compliance with State law, as 
determined by the State, relating to the production, possession, 
distribution, dispensation, administration, laboratory testing, 
recommending use, or delivery of medical marihuana.''.

SEC. 3. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended--
            (1) in paragraph (16)--
                    (A) by striking ``or cake, or the sterilized'' and 
                inserting ``cake, the sterilized''; and
                    (B) by adding ``, or cannabidiol'' before the 
                period at the end; and
            (2) by adding at the end the following:
            ``(57) The term `cannabidiol' means the substance 
        cannabidiol, as derived from marihuana or the synthetic 
        formulation, that contains not greater than 0.3 percent delta-
        9-tetrahydrocannabinol on a dry weight basis.''.

SEC. 4. CANNABIDIOL DETERMINATION BY STATES.

    Section 201 of the Controlled Substances Act (21 U.S.C. 811) is 
amended by adding at the end the following:
    ``(k) Cannabidiol Determination.--If a person grows or processes 
marihuana for purposes of making cannabidiol in accordance with State 
law, the marihuana shall be deemed to meet the concentration limitation 
under section 102(57), unless the Attorney General determines that the 
State law is not reasonably calculated to comply with section 
102(57).''.

SEC. 5. RESEARCH.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
terminate the Public Health Service interdisciplinary review process 
described in the guidance entitled ``Guidance on Procedures for the 
Provision of Marijuana for Medical Research'' (issued on May 21, 1999).
    (b) Licenses for Marijuana Research.--Not later than 1 year after 
the date of enactment of this Act, the Attorney General, acting through 
the Drug Enforcement Administration, shall issue not less than 3 
licenses under section 303 of the Controlled Substances Act (21 U.S.C. 
823) to manufacture and distribute marijuana and marijuana-derivatives 
for research approved by the Food and Drug Administration.
    (c) Marijuana Research.--
            (1) In general.--Section 303(f) of the Controlled 
        Substances Act (21 U.S.C. 823(f)) is amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively;
                    (B) by striking ``(f) The Attorney General'' and 
                inserting ``(f)(1) The Attorney General'';
                    (C) by striking ``Registration applications'' and 
                inserting the following:
    ``(2) Registration applications'';
                    (D) in paragraph (2), as so designated, by striking 
                ``schedule I'' each place that term appears and 
                inserting ``schedule I, except marijuana,'';
                    (E) by striking ``Article 7'' and inserting the 
                following:
    ``(4) Article 7''; and
                    (F) by inserting before paragraph (4), as so 
                designated, the following:
    ``(3)(A) Not later than 180 days after the date of enactment of 
this paragraph, the Secretary shall promulgate regulations that require 
the Secretary to register a practitioner to conduct research on 
marihuana if--
            ``(i) the applicant is authorized to dispense, or conduct 
        research with respect to, controlled substances in schedules 
        II, III, IV, and V under the laws of the State in which the 
        applicant practices; and
            ``(ii) the applicant's research protocol--
                    ``(I) has been reviewed and allowed by--
                            ``(aa) the Secretary under section 505(i) 
                        of the Federal Food, Drug, and Cosmetic Act (21 
                        U.S.C. 355(i)); or
                            ``(bb) the National Institutes of Health or 
                        another Federal agency that funds scientific 
                        research; or
                    ``(II) in the case of nonhuman research that is not 
                federally funded, has been voluntarily submitted by the 
                applicant to, and approved by, the National Institutes 
                of Health.
    ``(B) The Secretary shall grant an application for registration 
under this paragraph unless the Secretary determines that the issuance 
of the registration would be inconsistent with the public interest. In 
determining the public interest, the Secretary shall consider the 
following factors:
            ``(i) The applicant's experience in dispensing, or 
        conducting research with respect to, controlled substances.
            ``(ii) Compliance with applicable Federal or State laws 
        relating to controlled substances.
            ``(iii) Conduct by the applicant that may threaten the 
        public health and safety.''.
            (2) Conforming amendment.--Section 102(16) of the 
        Controlled Substances Act (21 U.S.C. 802(16)) is amended by 
        inserting ``or `marijuana''' after ``The term `marihuana'''.

SEC. 6. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
              PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING 
              VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.

    Notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall authorize physicians and other health care 
providers employed by the Department of Veterans Affairs to--
            (1) provide recommendations and opinions to veterans who 
        are residents of States with State marijuana programs regarding 
        the participation of veterans in such State marijuana programs; 
        and
            (2) complete forms reflecting such recommendations and 
        opinions.
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