II 

116TH CONGRESS 

1ST SESSION S. 445 

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 

FEBRUARY 12, 2019 

Mr. SCHATZ (for himself and Mr. KAINE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Medical 

5 Marijuana Safe Harbor Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Chronic pain affects the veteran population, 

2 with almost 60 percent of veterans returning from 

3 serving in the Armed Forces in the Middle East, and 

4 more than 50 percent of older veterans, who are 

5 using the health care system of the Department of 

6 Veterans Affairs living with some form of chronic 

7 pain. 

8 (2) Opioids account for approximately 63 per9 cent of all drug deaths in the United States. 

10 (3) In 2011, veterans were twice as likely to die 

11 from accidental opioid overdoses as nonveterans. 

12 (4) States with medical cannabis laws have a 

13 24.8 percent lower mean annual opioid overdose 

14 mortality rate compared with States without medical 

15 cannabis laws. 

16 (5) Marijuana and its compounds show promise 

17 for treating a wide-range of diseases and disorders, 

18 including pain management. 

19 (6) Medical marijuana in States where it is 

20 legal may serve as a less harmful alternative to 

21 opioids in treating veterans. 

22 SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 

23 MARIJUANA. 

24 (a) SAFE HARBOR.—Notwithstanding the Controlled 

25 Substances Act (21 U.S.C. 801 et seq.), the Controlled 


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1 Substances Import and Export Act (21 U.S.C. 951 et 

2 seq.), or any other Federal law, it shall not be unlawful 

3 for— 

4 (1) a veteran to use, possess, or transport med5 ical marijuana in a State or on Indian land if the 

6 use, possession, or transport is authorized and in ac7 cordance with the law of the applicable State or In8 dian Tribe; 

9 (2) a physician to discuss with a veteran the 

10 use of medical marijuana as a treatment if the phy11 sician is in a State or on Indian land where the law 

12 of the applicable State or Indian Tribe authorizes 

13 the use, possession, distribution, dispensation, ad14 ministration, delivery, and transport of medical 

15 marijuana; or 

16 (3) a physician to recommend, complete forms 

17 for, or register veterans for participation in a treat18 ment program involving medical marijuana that is 

19 approved by the law of the applicable State or In20 dian Tribe. 

21 (b) DEFINITIONS.—In this section: 

22 (1) INDIAN LAND.—The term ‘‘Indian land’’ 

23 means any of the Indian lands, as such term is de24 fined in section 824(b) of the Indian Health Care 

25 Improvement Act (25 U.S.C. 1680n). 


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1 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

2 has the meaning given the term ‘‘Indian tribe’’ in 

3 section 4 of the Indian Self-Determination and Edu4 cation Assistance Act (25 U.S.C. 5304). 

5 (3) PHYSICIAN.—The term ‘‘physician’’ means 

6 a physician appointed by the Secretary of Veterans 

7 Affairs under section 7401(1) of title 38, United 

8 States Code. 

9 (4) STATE.—The term ‘‘State’’ has the mean10 ing given that term in section 102 of the Controlled 

11 Substances Act (21 U.S.C. 802). 

12 (5) VETERAN.—The term ‘‘veteran’’ has the 

13 meaning given that term in section 101 of title 38, 

14 United States Code. 

15 (c) SUNSET.—This section shall cease to have force 

16 or effect on the date that is five years after the date of 

17 the enactment of this Act. 

18 SEC. 4. STUDIES ON USE OF MEDICAL MARIJUANA BY VET19 ERANS. 

20 (a) STUDY ON EFFECTS OF MEDICAL MARIJUANA ON

21 VETERANS IN PAIN.— 

22 (1) IN GENERAL.—Not later than two years 

23 after the date of the enactment of this Act, the Sec24 retary of Veterans Affairs shall conduct a study on 

25 the effects of medical marijuana on veterans in pain. 


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1 (2) REPORT.—Not later than 180 days after 

2 the date on which the study required under para3 graph (1) is completed, the Secretary shall submit to 

4 Congress a report on the study, which shall include 

5 such recommendations for legislative or administra6 tive action as the Secretary considers appropriate. 

7 (b) STUDY ON USE BY VETERANS OF STATE MED8 ICAL MARIJUANA PROGRAMS.— 

9 (1) IN GENERAL.—Not later than two years 

10 after the date of the enactment of this Act, the Sec11 retary shall conduct a study on the relationship be12 tween treatment programs involving medical mari13 juana that are approved by States, the access of vet14 erans to such programs, and a reduction in opioid 

15 abuse among veterans. 

16 (2) REPORT.—Not later than 180 days after 

17 the date on which the study required under para18 graph (1) is completed, the Secretary shall submit to 

19 Congress a report on the study, which shall include 

20 such recommendations for legislative or administra21 tive action as the Secretary considers appropriate. 

22 (c) VETERAN DEFINED.—In this section, the term 

23 ‘‘veteran’’ has the meaning given that term in section 101 

24 of title 38, United States Code. 


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1 (d) USE OF AMOUNTS.—For fiscal years 2020 and 

2 2021, of the amounts appropriated to the Department of 

3 Veterans Affairs— 

4 (1) $10,000,000 shall be used to carry out sub5 section (a); and 

6 (2) $5,000,000 shall be used to carry out sub7 section (b). 

Æ 


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