[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2525-S2526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 331. Mr. SCHATZ (for himself, Mr. Welch, Mr. Padilla, Mr. 
Fetterman, Mr. Kaine, Mr. Wyden, Mr. Kelly, and Mr. Booker) submitted 
an amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 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--Veterans Medical Marijuana Safe Harbor Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Veterans Medical 
     Marijuana Safe Harbor Act''.

     SEC. 1092. 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) In 2020, opioids accounted for approximately 75 percent 
     of all drug overdose deaths in the United States.
       (3) Veterans are twice as likely to die from opioid related 
     overdoses than nonveterans.
       (4) States with recreational cannabis laws experienced a 
     7.6 percent reduction in opioid-related emergency department 
     visits during the 180-day period after the implementation of 
     such laws.
       (5) Marijuana and its compounds show promise for pain 
     management and treating a wide-range of diseases and 
     disorders, including post-traumatic stress disorder.
       (6) Medical marijuana in States where it is legal may serve 
     as a less harmful alternative to opioids in treating 
     veterans.

     SEC. 1093. 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 that term 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. 1094. RESEARCH ON USE OF MEDICAL MARIJUANA BY VETERANS.

       (a) Research on Effects of Medical Marijuana on Veterans.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act,

[[Page S2526]]

     the Secretary of Veterans Affairs shall support clinical 
     research on the use of medical marijuana--
       (A) by veterans to manage pain; and
       (B) for the treatment of veterans for diseases and 
     disorders such as post-traumatic stress disorder.
       (2) Interagency coordination.--The Secretary shall 
     coordinate and collaborate with other relevant Federal 
     agencies to support and facilitate clinical research under 
     paragraph (1).
       (3) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the ongoing clinical research supported by the 
     Secretary under paragraph (1), which shall include such 
     recommendations for legislative or administrative action as 
     the Secretary considers appropriate to continue to support 
     the management of pain and the treatment of diseases and 
     disorders of veterans.
       (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 misuse 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) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Veterans Affairs such 
     sums as may be necessary to carry out this section.
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