[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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