CARERS Act of 2015

Summary: Compassionate Access, Research Expansion, and Respect States Act of 2015 or the CARERS Act of 2015 Amends the Controlled Substances Act (CSA) to provide that control and enforcement provisions of such Act relating to marihuana shall not apply to any person acting in compliance with state law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana. Transfers marihuana from schedule I to schedule II of the CSA. Excludes "cannabidiol" from the definition of "marihuana" and defines it separately as the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis. Deems marihuana that is grown or possessed for purposes of making cannabidiol, in accordance with state law, to meet such concentration limitation unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition. Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it provides or has provided financial services to a marihuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marihuana-related legitimate business. Prohibits a federal banking regulator from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because: (1) the individual is a manufacturer of marihuana, (2) the individual is or later becomes an owner or operator of a marihuana-related legitimate business, or (3) the depository institution was not aware that the individual is the owner or operator of a marihuana-related legitimate business.  Prohibits a federal banking regulator from taking any adverse or corrective supervisory action on a loan to an owner or operator of: (1) a marihuana-related legitimate business soley because the owner or operator is such a business, or (2) real estate or equipment that is leased to a marihuana-related legitimate business solely because it is leased to such a business. Provides depository institutions that provide financial services to a marihuana-related legitimate business protection under federal law from federal criminal prosecution or investigation, criminal penalties, and forfeiture of legal interest in collateral solely for providing financial services to such a business.  Directs: (1) the Department of Health and Human Services to terminate the Public Health Service interdisciplinary review process described in the guidance entitled "Guidance on Procedures for the Provision of marihuana for Medical Research" (issued on May 21, 1999), and (2) the Drug Enforcement Administration to issue at least three licenses under CSA registration requirements to manufacture marihuana and marihuana-derivatives for research approved by the Food and Drug Administration.  Directs the Department of Veterans Affairs (VA) to authorize VA health care providers to provide veterans with recommendations and opinions regarding participation in state marihuana programs.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Access, Research 
Expansion, and Respect States Act of 2015'' or the ``CARERS Act of 
2015''.

SEC. 2. FEDERALISM IN DRUG POLICY.

    Section 708 of the Controlled Substances Act (21 U.S.C. 903) is 
amended--
            (1) by striking ``No provision'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), no 
provision''; and
            (2) by adding at the end the following:
    ``(b) Compliance With State Law.--Notwithstanding any other 
provision of law, the provisions of this title relating to marihuana 
shall not apply to any person acting in compliance with State law 
relating to the production, possession, distribution, dispensation, 
administration, laboratory testing, or delivery of medical 
marihuana.''.

SEC. 3. RESCHEDULING OF MARIHUANA.

    (a) Removal From Schedule I.--Schedule I, as set forth in section 
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended 
in subsection (c)--
            (1) by striking paragraphs (10) and (17);
            (2) by redesignating paragraphs (11) through (16) as 
        paragraphs (10) through (15), respectively; and
            (3) by redesignating paragraphs (18) through (28) as 
        paragraphs (16) through (26), respectively.
    (b) Listing in Schedule II.--Schedule II, as set forth in section 
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended 
by adding at the end the following:
    ``(d) Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation, which 
contains any quantity of marihuana, including its salts, isomers, and 
salts of isomers.''.

SEC. 4. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended--
            (1) in paragraph (16)--
                    (A) by striking ``or cake, or the sterilized'' and 
                inserting ``cake, the sterilized''; and
                    (B) by adding ``, or cannabidiol'' before the 
                period at the end; and
            (2) by adding at the end the following:
            ``(57) The term `cannabidiol' means the substance 
        cannabidiol, as derived from marihuana or the synthetic 
        formulation, that contains not greater than 0.3 percent delta-
        9-tetrahydrocannabinol on a dry weight basis.''.

SEC. 5. CANNABIDIOL DETERMINATION BY STATES.

    Section 201 of the Controlled Substances Act (21 U.S.C. 811) is 
amended by adding at the end the following:
    ``(j) Cannabidiol Determination.--If a person grows or processes 
marihuana for purposes of making cannabidiol in accordance with State 
law, the marihuana shall be deemed to meet the concentration limitation 
under section 102(57), unless the Attorney General determines that the 
State law is not reasonably calculated to comply with section 
102(57).''.

SEC. 6. BANKING.

    (a) Definitions.--In this section--
            (1) the term ``depository institution'' means--
                    (A) a depository institution as defined in section 
                3(c) of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(c));
                    (B) a Federal credit union as defined in section 
                101 of the Federal Credit Union Act (12 U.S.C. 1752); 
                or
                    (C) a State credit union as defined in section 101 
                of the Federal Credit Union Act (12 U.S.C. 1752);
            (2) the term ``Federal banking regulator'' means each of 
        the Board of Governors of the Federal Reserve System, the 
        Bureau of Consumer Financial Protection, the Federal Deposit 
        Insurance Corporation, the Office of the Comptroller of the 
        Currency, the National Credit Union Administration, or any 
        Federal agency or department that regulates banking or 
        financial services, as determined by the Secretary of the 
        Treasury;
            (3) the term ``financial service'' means a financial 
        product or service as defined in section 1002 of the Dodd-Frank 
        Wall Street Reform and Consumer Protection Act (12 U.S.C. 
        5481);
            (4) the term ``manufacturer'' means a person who 
        manufactures, compounds, converts, processes, prepares, or 
        packages marijuana or marijuana products;
            (5) the term ``marijuana-related legitimate business'' 
        means a manufacturer, producer, or any person that--
                    (A) participates in any business or organized 
                activity that involves handling marijuana or marijuana 
                products, including selling, transporting, displaying, 
                dispensing, or distributing marijuana or marijuana 
                products; and
                    (B) engages in such activity pursuant to a law 
                established by a State or a unite of local government;
            (6) the term ``marijuana'' has the meaning given the term 
        ``marihuana'' in section 102 of the Controlled Substances Act 
        (21 U.S.C. 802), as amended by this Act;
            (7) the term ``marijuana product'' means any article that 
        contains marijuana, including an article that is a concentrate, 
        an edible, a tincture, a marijuana-infused product, or a 
        topical;
            (8) the term ``producer'' means a person who plants, 
        cultivates, harvests, or in any way facilitates the natural 
        growth of marijuana; and
            (9) the term ``State'' means each of the several States, 
        the District of Columbia, Puerto Rico, and any territory or 
        possession of the United States.
    (b) Safe Harbor for Depository Institutions.--A Federal banking 
regulator may not--
            (1) terminate or limit the deposit insurance of a 
        depository institution under the Federal Deposit Insurance Act 
        (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 
        U.S.C. 1751 et seq.) solely because the depository institution 
        provides or has provided financial services to a marijuana-
        related legitimate business;
            (2) prohibit, penalize, or otherwise discourage a 
        depository institution from providing financial services to a 
        marijuana-related legitimate business;
            (3) recommend, incentivize, or encourage a depository 
        institution not to offer financial services to an individual, 
        or to downgrade or cancel the financial services offered to an 
        individual solely because--
                    (A) the individual is a manufacturer or producer of 
                marijuana;
                    (B) the individual is the owner or operator of a 
                marijuana-related legitimate business;
                    (C) the individual later becomes an owner or 
                operator of a marijuana-related legitimate business; or
                    (D) the depository institution was not aware that 
                the individual is the owner or operator of a marijuana-
                related legitimate business; or
            (4) take any adverse or corrective supervisory action on a 
        loan to an owner or operator of--
                    (A) a marijuana-related legitimate business solely 
                because the owner or operator is a marijuana-related 
                business; or
                    (B) real estate or equipment that is leased to a 
                marijuana-related legitimate business solely because 
                the owner or operator of the real estate or equipment 
                leased the real estate or equipment to a marijuana-
                related business.
    (c) Protections Under Federal Law.--
            (1) Investigation and prosecution.--A depository 
        institution that provides financial services to a marijuana-
        related legitimate business, or the officers, directors, and 
        employees of that business, shall be immune from Federal 
        criminal prosecution or investigation for providing those 
        services.
            (2) Federal criminal law.--A depository institution that 
        provides financial services to a marijuana-related legitimate 
        business shall not be subject to a criminal penalty under any 
        Federal law solely for providing those services or for further 
        investing any income derived from such services.
            (3) Forfeiture.--A depository institution that has a legal 
        interest in the collateral for a loan made to an owner or 
        operator of a marijuana-related legitimate business, or to an 
        owner or operator of real estate or equipment that is leased to 
        a marijuana-related legitimate business, shall not be subject 
        to criminal, civil, or administrative forfeiture of that legal 
        interest pursuant to any Federal law for providing such loan.
    (d) Exemption From Filing Suspicious Activity Reports.--Section 
5318(g) of title 31, United States Code, is amended by adding at the 
end the following:
            ``(5) Requirements for marijuana-related legitimate 
        businesses.--If a financial institution or any director, 
        officer, employee, or agent of a financial institution reports 
        a suspicious transaction pursuant to this subsection, and the 
        reason for the report relates to a marijuana-related business, 
        the Secretary shall require that such report complies with the 
        requirements of the guidance issued by the Financial Crimes 
        Enforcement Network titled `BSA Expectations Regarding 
        Marijuana-Related Businesses' (FIN-2014-G001; published on 
        February 14, 2014).''.
    (e) Rule of Construction.--Nothing in this section requires a 
depository institution to provide financial services to a marijuana-
related legitimate business.

SEC. 7. RESEARCH.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary for Health and Human Services 
shall terminate the Public Health Service interdisciplinary review 
process described in the guidance entitled ``Guidance on Procedures for 
the Provision of Marijuana for Medical Research'' (issued on May 21, 
1999).
    (b) Licenses for Marijuana Research.--Not later than 1 year after 
the date of enactment of this Act, the Attorney General, acting through 
the Drug Enforcement Administration, shall issue not less than 3 
licenses under section 303 of the Controlled Substances Act (21 U.S.C. 
823) to manufacture marijuana and marijuana-derivatives for research 
approved by the Food and Drug Administration.

SEC. 8. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
              PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING 
              VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.

    Notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall authorize physicians and other health care 
providers employed by the Department of Veterans Affairs to--
            (1) provide recommendations and opinions to veterans who 
        are residents of States with State marijuana programs regarding 
        the participation of veterans in such State marijuana programs; 
        and
            (2) complete forms reflecting such recommendations and 
        opinions.