[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 445 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 445

 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

                           February 12, 2019

 Mr. Schatz (for himself and Mr. Kaine) 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) Opioids account for approximately 63 percent of all 
        drug deaths in the United States.
            (3) In 2011, veterans were twice as likely to die from 
        accidental opioid overdoses as nonveterans.
            (4) States with medical cannabis laws have a 24.8 percent 
        lower mean annual opioid overdose mortality rate compared with 
        States without medical cannabis laws.
            (5) Marijuana and its compounds show promise for treating a 
        wide-range of diseases and disorders, including pain 
        management.
            (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 such 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 the term ``Indian tribe'' 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. STUDIES ON USE OF MEDICAL MARIJUANA BY VETERANS.

    (a) Study on Effects of Medical Marijuana on Veterans in Pain.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall conduct a study on the effects of medical marijuana on 
        veterans in pain.
            (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.
    (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 abuse 
        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) Use of Amounts.--For fiscal years 2020 and 2021, of the amounts 
appropriated to the Department of Veterans Affairs--
            (1) $10,000,000 shall be used to carry out subsection (a); 
        and
            (2) $5,000,000 shall be used to carry out subsection (b).
                                 <all>