[Congressional Record Volume 163, Number 102 (Thursday, June 15, 2017)]
[Senate]
[Pages S3556-S3557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOOKER:
  S. 1374. 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 rise today to speak about the 
introduction of the bipartisan Compassionate Access, Research 
Expansion, and Respect States Act, or CARERS Act. The bill would make 
our Federal laws dealing with medical marijuana fairer and help ensure 
that Americans have access to the care they need. I am proud to 
introduce this legislation, and I want to thank Senators Rand Paul and 
Kirsten Gillibrand for working with me on this bill. I also want to 
thank Senators Lisa Murkowski, Al Franken, and Mike Lee for joining the

[[Page S3557]]

CARERS Act as original cosponsors and Representatives Steve Cohen and 
Don Young for introducing a House companion bill.
  Right now, regardless of whether you are in a State that has 
legalized medical marijuana, it is illegal under Federal law. This 
inconsistency puts growers, distributors, and patients at great risk of 
Federal prosecution even though they are in compliance with State law.
  In 2013, the Department of Justice issued guidance to Federal 
prosecutors 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 the Federal Government 
to be aligned with States regarding the legality of medical marijuana 
has resulted in confusion and uncertainty for State lawmakers 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.
  And now, more than ever, I am especially concerned with Attorney 
General Jeff Sessions as our Nation's top law enforcement officer. His 
radical stance on marijuana is way out of the mainstream, and he has 
taken steps to reinvigorate the failed War on Drugs. Recently, he wrote 
a letter to Senate and House leadership asking them not to renew an 
appropriations rider that prevents the Justice Department from spending 
money on cases that involve individuals who are in compliance with 
State medical marijuana laws. He said, ``I believe it would be unwise 
for Congress to restrict the discretion of the Department to fund 
particular prosecutions, particularly in the midst of an historic drug 
epidemic and potentially long-term uptick in violent crime.'' Contrary 
to Attorney General Sessions' views, this is not a problem we can jail 
ourselves out of.
  Individuals who use medical marijuana in States where it is legal 
should not fear prosecution simply based on prosecutorial discretion. 
It is time for Congress to act.
  Today, I reintroduced the CARERS Act. First, and most importantly, 
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 gain access 
to the care they need.
  The bill would also allow States to import cannabidiol, commonly 
called CBD for short. 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 so many children need--along with 
thousands of other individuals with Dravet syndrome--to control 
seizures. We must make this important drug more available so people can 
access the medication they need.
  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 that 
prescribe it, the lawmakers that regulate it, and the people that need 
it.
  Finally, the bill would allow VA doctors to recommend 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 Nation 
deserve to be served by us, and that means receiving the best care 
available.
  The CARERS Act was the first medical marijuana bill introduced in the 
Senate. Unfortunately, we did not pass it in the last Congress, but I 
am hopeful that in the 115th Congress we can get this bill across the 
finish line and send it to the President's desk for signature. I, 
again, want to thank my colleagues who worked with me on this bill, and 
I urge its speedy passage.
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