Compassionate Access Act

Summary: Compassionate Access Act  This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana.  It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to:  exclude "cannabidiol" (CBD) from the definition of "marijuana" and remove it from coverage under the CSA; limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3% on a dry weight basis; and deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable.   No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing; a patient, caregiver, or guardian from obtaining, possessing, or transporting; an entity from producing, processing, manufacturing, or distributing; a pharmacy from dispensing; or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law.  The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research.  

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Access Act''.

SEC. 2. AVAILABILITY OF MARIHUANA FOR MEDICAL USE.

    (a) Rescheduling.--
            (1) Recommendation by hhs.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of Health and 
        Human Services, in consultation with the Institute of Medicine 
        of the National Academy of Sciences, shall submit to the 
        Administrator of the Drug Enforcement Administration a 
        recommendation to transfer marihuana from schedule I under 
        section 202 of the Controlled Substances Act (21 U.S.C. 812) to 
        a schedule under such section 202 other than schedule I.
            (2) Final rule.--Not later than one year after the date of 
        enactment of this Act, the Administrator of the Drug 
        Enforcement Administration shall, taking into consideration the 
        recommendation under paragraph (1), issue a final rule to 
        transfer marihuana from schedule I under section 202 of the 
        Controlled Substances Act (21 U.S.C. 812) to a schedule under 
        such section other than schedule I.
    (b) Cannabidiol.--
            (1) In general.--Paragraph (16) of section 102 of the 
        Controlled Substances Act (21 U.S.C. 802) is amended--
                    (A) by striking ``(16) The'' and inserting 
                ``(16)(A) The''; and
                    (B) by adding at the end the following:
            ``(B) Cannabidiol--
                    ``(i) is excluded from the definition of marihuana 
                under subparagraph (A); and
                    ``(ii) shall not be treated as a controlled 
                substance under this Act.''.
            (2) Definition.--Section 102 of the Controlled Substances 
        Act (21 U.S.C. 802), as amended by paragraph (1), is further 
        amended by adding at the end the following:
            ``(57) The term `cannabidiol' means the substance 
        cannabidiol, as derived from marihuana or synthetically 
        formulated, that contains not greater than 0.3 percent delta-9-
        tetrahydrocannabinol on a dry weight basis.''.
            (3) Cannabidiol determination by the 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 ensure that marihuana grown 
or processed for purposes of making cannabidiol meets such 
concentration limitation.''.
    (c) Regulation Under State Law.--
            (1) In general.--In a State in which marihuana may be 
        prescribed by a physician for medical use under applicable 
        State law, no provision of the Controlled Substances Act (21 
        U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise 
        restrict in such State in accordance with such State law--
                    (A) the prescription of marihuana by a physician 
                for medical use;
                    (B) an authorized patient under such State law from 
                obtaining, possessing, transporting, or using marihuana 
                for that patient's medical use;
                    (C) a caregiver for an authorized patient from 
                obtaining, possessing, or transporting marihuana, as 
                authorized under such State law, for the medical use of 
                such authorized patient;
                    (D) the legally recognized parent or guardian of a 
                minor who is an authorized patient from obtaining, 
                possessing, or transporting marihuana, as authorized 
                under such State law, for the medical use of such 
                minor;
                    (E) an entity from producing, processing, or 
                otherwise manufacturing marihuana for medical use, as 
                authorized under such State law;
                    (F) an entity from distributing marihuana for 
                medical use, as authorized under such State law;
                    (G) a pharmacy or other health care provider from 
                dispensing marihuana to an authorized patient for 
                medical use, as authorized under such State law; or
                    (H) a laboratory or other entity from performing 
                safety, quality, or efficacy testing of marihuana for 
                medical use, as authorized under such State law or 
                under Federal law.
            (2) Cannabidiol.--Notwithstanding the exclusion of 
        cannabidiol from the definition of marihuana in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802), as amended, and 
        section 5 of this Act, this subsection applies with respect to 
        cannabidiol, as defined in such section 102, to the same extent 
        and in the same manner as this subsection applies with respect 
        to marihuana.

SEC. 3. RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall delegate 
responsibility under section 303(f) of the Controlled Substances Act 
(21 U.S.C. 823(f)) for control over access to marihuana for research 
into its potential medicinal uses to an agency of the executive branch 
that is not focused on researching the addictive properties of 
substances. Such agency shall take appropriate actions to ensure that 
an adequate supply of marihuana is available for such medicinal 
research.
    (b) Consideration of Other Research in Scheduling.--Research that 
is performed in a scientifically sound manner in a State where 
marihuana or cannabidiol is legal for medical purposes, and in 
accordance with such State's law, but that does not use marihuana from 
federally approved sources, may be considered for purposes of 
rescheduling marihuana under section 202 of the Controlled Substances 
Act (21 U.S.C. 812).

SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.

    This Act does not affect any Federal, State, or local law 
regulating or prohibiting smoking in public.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Authorized patient.--The term ``authorized patient'' 
        means an individual using marihuana in accordance with a 
        prescription by a physician for medical use.
            (2) Marihuana.--Except as provided in section 2(c)(2), the 
        term ``marihuana'' has the meaning given to such term in 
        section 102 of the Controlled Substances Act (21 U.S.C. 802), 
        as amended by section 2(b).
            (3) Physician.--The term ``physician'' means a practitioner 
        of medicine, who--
                    (A) graduated from a college of medicine or 
                osteopathy; and
                    (B) is licensed to practice medicine by the 
                appropriate State board.
            (4) Prescription.--The term ``prescription'' means an 
        instruction written by a medical physician in accordance with 
        applicable State law that authorizes the provision of a 
        medicine or treatment to a patient.
            (5) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, and any other territory or possession of 
        the United States.