[Congressional Record Volume 161, Number 40 (Tuesday, March 10, 2015)]
[Senate]
[Pages S1385-S1386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. BOOKER (for himself, Mrs. Gillibrand, and Mr. Paul):
S. 683. 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; to the Committee on the
Judiciary.
Mr. BOOKER. Mr. President, I wish to introduce the Compassionate
Access, Research Expansion, and Respect States Act CARERS Act. This
commonsense legislation would make our Federal marijuana criminal laws
fairer and more in line with our values and ensure that medical
marijuana is more accessible to the millions of Americans who need it
for treatment purposes. I thank Senator Kirsten Gillibrand and Senator
Rand Paul for joining me on this bill, and I appreciate their hard work
on this legislation.
The CARERS Act would clarify how the Federal Government handles
medical marijuana in the States. Currently, 23 States and the District
of Columbia have passed laws legalizing medical marijuana for qualified
patients. But the Federal Government still bans medical marijuana and
treats the people who use it with contempt. It is time we end this
backward approach toward a substance that helps treat millions of
Americans, including veterans, who suffer from debilitating diseases.
Today, the Federal Government classifies marijuana as a schedule I
drug, meaning it lacks a recognized medical value and it has a high
potential for abuse. Incredibly, marijuana shares the same
classification with such drugs as heroin or LSD-substances that no one
disputes are incredibly dangerous and harmful. Schedule II is the next
controlled substances category for drugs deemed to have some medical
use, such as cocaine and methamphetamine. The view that marijuana has
no medical use whatsoever, but the methamphetamine has some medicinal
use is troubling and contrary to science. We can do better.
In 2013, the Department of Justice issued guidance to Federal
prosecutors and regulators to refrain from prosecuting individuals that
use, purchase or sell marijuana in States where it is legal as long as
a State regulatory framework exists that maintains certain standards,
such as a ban on sales to minors. As a result of this guidance, more
and more States have taken steps to legalize medical marijuana.
Sadly, despite this guidance, the inability of Federal and State law
to be on the same page regarding the legality of medical marijuana has
resulted in confusion and uncertainty for State regulators and the
public about what the law requires. This lack of clarity is only part
of the problem. Individual users of medical marijuana in States with
legalized medical marijuana continue to be targeted by the Drug
Enforcement Agency. That is unacceptable and must change. Individuals
who use medical marijuana in States where it is legal should not fear
prosecution simply based on prosecutorial discretion. We can do better.
I am encouraged that the winds of change are blowing at the Federal
level on whether to prosecute medical marijuana, but confusion remains.
While the 2013 guidance likely trumps the prior two memorandum, what
message do these documents send? Is medical marijuana legal or not? Is
it right that the law can be changed at a moment's notice by an
unelected Federal prosecutor? And what protection does State law afford
medical marijuana users when State and Federal law collide, especially
when marijuana is classified by the Federal Government as a schedule I
drug? This legislation brings certainty and uniformity to these issues.
Another problem with current law is that medical marijuana operates
largely in the shadows because financial institutions are scared to do
business with legitimate marijuana businesses. Banks and other
financial institutions are hesitant to do business with legitimate
marijuana businesses because they are concerned about losing their
Federal depository insurance or facing Federal prosecution. As a
result, the medical marijuana industry operates largely as a cash
business which is bad for the economy and endangers public safety.
Dealing with high quantities of cash and having to transport it leaves
these businesses and their operatives as easy targets for criminals.
The current medical marijuana situation in America is untenable. It
is unfair for the Americans that operate legitimate marijuana
businesses. It is unfair to people with disabilities, including
veterans with post-traumatic
[[Page S1386]]
stress, traumatic brain injury or missing limbs who rely on medical
marijuana for treatment. It is unfair to children with intractable
epilepsy who need cannabidiol-known as CBD-to control their seizures.
This issue has a real impact on the lives of ordinary Americans.
Recently, my staff met with Jennie Stormes, a woman recently forced to
leave my home State of New Jersey because of our restrictive medical
marijuana laws. Ms. Stormes' son Jackson suffers from Dravet syndrome,
a severe and debilitating form of epilepsy. Without medication, Jackson
can have multiple seizures in a day. This condition has affected
Jackson's development and put him through a tremendous amount of pain.
Jeannie Stormes and her family shared with my staff the hardships of
living in a State where it is hard to gain access to the medication
Jackson needs. Jackson has tried 23 different drugs in 60-plus
different combinations, but nothing worked to control his seizures. She
talked about how medical marijuana was the first drug that controlled
his seizures and changed their lives. Unfortunately, Jennie announced
her family was moving to Colorado because it was too difficult in New
Jersey to access the medicine Jackson needed to stay alive.
We need this legislation to help the Jackson Stormes of the world. No
child in America with a debilitating disease deserves to live a life of
pain without access to the medication that he or she needs. Jennie and
Jackson's story pains me. It tells me that we have a long way to go.
But their story also gives me hope. It gives me hope because despite
all the hardships they have gone through, they remain strong and
committed to their cause. It is people like Jennie and Jackson who make
our country great. It is for them that we need to continue to fight to
move our country forward.
The CARERS Act would take significant steps towards addressing the
situation that Jackson and Jennie went through.
First, the bill would end the Federal prohibition of medical
marijuana. Millions of Americans need to gain access to the medicine
that works best for them. The Federal Government's current stance on
medical marijuana has only created confusion and uncertainty. This bill
would prohibit the Federal Government from prosecuting persons who are
in compliance with State medical marijuana laws and let people, like
Jackson, gain access to the care they need.
The bill would reschedule marijuana as a schedule II drug. The Drug
Enforcement Agency insists that medical marijuana is a fallacy. It
insists that marijuana is a dangerous substance and it is properly
classified as a schedule I drug. Doctors know that is wrong, I know
that is wrong, Jennie and Jackson know that is wrong. It is time we
finally properly classify marijuana.
The bill would also allow States to import CBD. CBD is an oil
substance made from a marijuana plant that contains virtually no THC-
meaning you experience no high from the drug. CBD is the medicine
Jackson needs-along with thousands of other individuals with Dravet
syndrome-to control his seizures. We must make this important drug more
available so people can access the medication they need.
The bill would create a safe harbor for banks and financial
institutions that want to do business with legal medical marijuana
businesses. It is not safe that these businesses are forced to deal
only in cash. It is bad for our economy and it is bad for law
enforcement. The bill would institute protections that these
institutions need to feel comfortable doing business with medical
marijuana establishments.
The bill would promote research. A large problem for our Nation is
that not enough research exists on the impact of medical marijuana. We
know there are legitimate medical uses of the drug, but we can learn
much more. We need to allow experts to access the drug to conduct tests
and clinical trials to fully understand the effects of the drug and how
it can best be utilized. This will only benefit the doctors who
prescribe it, the lawmakers who regulate it, and the people who need
it.
Finally, the bill would allow VA doctors to prescribe medical
marijuana to veterans in States that have legalized medical marijuana.
Many men and women in uniform who have bravely served our Nation come
home with invisible wounds of war and they deserve the best care
available. This means allowing them access to the medicine they need to
heal or control their condition. Those who have served our country
deserve to be served by us, and that means receiving the best care
available.
I want to thank Senators Paul and Gillibrand for working on this
legislation with me and I urge my colleagues to work with us to help
ensure the CARERS Act is signed into law.
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