[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1183 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1183
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15, 2021
Mr. Schatz (for himself, Mr. Kaine, Mr. Sanders, Mr. Merkley, Mr.
Wyden, and Ms. Rosen) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow veterans to use, possess, or transport medical marijuana and
to discuss the use of medical marijuana with a physician of the
Department of Veterans Affairs as authorized by a State or Indian
Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medical Marijuana Safe
Harbor Act.''.
SEC. 2. 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 2018, opioids accounted for approximately 70 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 medical cannabis laws have a 24.8 percent
lower mean annual opioid overdose mortality rate compared with
States without medical cannabis laws.
(5) Marijuana and its compounds show promise for treating a
wide-range of diseases and disorders, including pain
management.
(6) Medical marijuana in States where it is legal may serve
as a less harmful alternative to opioids in treating veterans.
SEC. 3. 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. 4. 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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