[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4464. Mr. SCHATZ (for himself, Mr. Kaine, Mr. Sanders, Mr. 
Merkley, Mr. Wyden, Ms. Rosen, Mr. Peters, and Mr. Padilla) submitted 
an amendment intended to be proposed to amendment SA 3867 submitted by 
Mr. Reed and intended to be proposed to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title X, add the following:

            Subtitle H--Use of Medical Marijuana by Veterans

     SEC. 1071. 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 that 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. 1072. 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 use and 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 2022 and 2023, 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).
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