[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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