II 

115TH CONGRESS 

1ST SESSION S. 1764 

To extend the principle of federalism to State drug policy, provide access 

to medical marijuana, and enable research into the medicinal properties 

of marijuana. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 5, 2017 

Mr. BOOKER (for himself, Mr. PAUL, Mrs. GILLIBRAND, Mr. LEE, Mr. 

FRANKEN, and Ms. MURKOWSKI) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To extend the principle of federalism to State drug policy, 

provide access to medical marijuana, and enable research 

into the medicinal properties of marijuana. 

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 ‘‘Compassionate Access, 

5 Research Expansion, and Respect States Act of 2017’’ or 

6 the ‘‘CARERS Act of 2017’’. 

7 SEC. 2. FEDERALISM IN DRUG POLICY. 

8 Section 708 of the Controlled Substances Act (21 

9 U.S.C. 903) is amended— 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 1764 IS

1 (1) by striking ‘‘No provision’’ and inserting 

2 the following: 

3 ‘‘(a) IN GENERAL.—Except as provided in subsection 

4 (b), no provision’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(b) COMPLIANCE WITH STATE LAW.—Notwith7 standing any other provision of law, the provisions of this 

8 title relating to marihuana shall not apply to any person 

9 acting in compliance with State law, as determined by the 

10 State, relating to the production, possession, distribution, 

11 dispensation, administration, laboratory testing, recom12 mending use, or delivery of medical marihuana.’’. 

13 SEC. 3. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF 

14 MARIHUANA. 

15 Section 102 of the Controlled Substances Act (21 

16 U.S.C. 802) is amended— 

17 (1) in paragraph (16)— 

18 (A) by striking ‘‘or cake, or the sterilized’’ 

19 and inserting ‘‘cake, the sterilized’’; and 

20 (B) by adding ‘‘, or cannabidiol’’ before 

21 the period at the end; and 

22 (2) by adding at the end the following: 

23 ‘‘(57) The term ‘cannabidiol’ means the sub24 stance cannabidiol, as derived from marihuana or 

25 the synthetic formulation, that contains not greater 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 1764 IS

1 than 0.3 percent delta-9-tetrahydrocannabinol on a 

2 dry weight basis.’’. 

3 SEC. 4. CANNABIDIOL DETERMINATION BY STATES. 

4 Section 201 of the Controlled Substances Act (21 

5 U.S.C. 811) is amended by adding at the end the fol6 lowing: 

7 ‘‘(k) CANNABIDIOL DETERMINATION.—If a person 

8 grows or processes marihuana for purposes of making 

9 cannabidiol in accordance with State law, the marihuana 

10 shall be deemed to meet the concentration limitation under 

11 section 102(57), unless the Attorney General determines 

12 that the State law is not reasonably calculated to comply 

13 with section 102(57).’’. 

14 SEC. 5. RESEARCH. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Secretary of Health and 

17 Human Services shall terminate the Public Health Service 

18 interdisciplinary review process described in the guidance 

19 entitled ‘‘Guidance on Procedures for the Provision of 

20 Marijuana for Medical Research’’ (issued on May 21, 

21 1999). 

22 (b) LICENSES FOR MARIJUANA RESEARCH.—Not 

23 later than 1 year after the date of enactment of this Act, 

24 the Attorney General, acting through the Drug Enforce25 ment Administration, shall issue not less than 3 licenses 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 1764 IS

1 under section 303 of the Controlled Substances Act (21 

2 U.S.C. 823) to manufacture and distribute marijuana and 

3 marijuana-derivatives for research approved by the Food 

4 and Drug Administration. 

5 (c) MARIJUANA RESEARCH.— 

6 (1) IN GENERAL.—Section 303(f) of the Con7 trolled Substances Act (21 U.S.C. 823(f)) is amend8 ed— 

9 (A) by redesignating paragraphs (1) 

10 through (5) as subparagraphs (A) through (E), 

11 respectively; 

12 (B) by striking ‘‘(f) The Attorney General’’ 

13 and inserting ‘‘(f)(1) The Attorney General’’; 

14 (C) by striking ‘‘Registration applications’’ 

15 and inserting the following: 

16 ‘‘(2) Registration applications’’; 

17 (D) in paragraph (2), as so designated, by 

18 striking ‘‘schedule I’’ each place that term ap19 pears and inserting ‘‘schedule I, except mari20 juana,’’; 

21 (E) by striking ‘‘Article 7’’ and inserting 

22 the following: 

23 ‘‘(4) Article 7’’; and 

24 (F) by inserting before paragraph (4), as 

25 so designated, the following: 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 1764 IS

1 ‘‘(3)(A) Not later than 180 days after the date of 

2 enactment of this paragraph, the Secretary shall promul3 gate regulations that require the Secretary to register a 

4 practitioner to conduct research on marihuana if— 

5 ‘‘(i) the applicant is authorized to dispense, or 

6 conduct research with respect to, controlled sub7 stances in schedules II, III, IV, and V under the 

8 laws of the State in which the applicant practices; 

9 and 

10 ‘‘(ii) the applicant’s research protocol— 

11 ‘‘(I) has been reviewed and allowed by— 

12 ‘‘(aa) the Secretary under section 

13 505(i) of the Federal Food, Drug, and 

14 Cosmetic Act (21 U.S.C. 355(i)); or 

15 ‘‘(bb) the National Institutes of 

16 Health or another Federal agency that 

17 funds scientific research; or 

18 ‘‘(II) in the case of nonhuman research 

19 that is not federally funded, has been volun20 tarily submitted by the applicant to, and ap21 proved by, the National Institutes of Health. 

22 ‘‘(B) The Secretary shall grant an application for 

23 registration under this paragraph unless the Secretary de24 termines that the issuance of the registration would be in25 consistent with the public interest. In determining the 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 1764 IS

1 public interest, the Secretary shall consider the following 

2 factors: 

3 ‘‘(i) The applicant’s experience in dispensing, or 

4 conducting research with respect to, controlled sub5 stances. 

6 ‘‘(ii) Compliance with applicable Federal or 

7 State laws relating to controlled substances. 

8 ‘‘(iii) Conduct by the applicant that may threat9 en the public health and safety.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 102(16) of the Controlled Substances Act (21 

12 U.S.C. 802(16)) is amended by inserting ‘‘or ‘mari13 juana’ ’’ after ‘‘The term ‘marihuana’ ’’. 

14 SEC. 6. PROVISION BY DEPARTMENT OF VETERANS AF15 FAIRS HEALTH CARE PROVIDERS OF REC16 OMMENDATIONS AND OPINIONS REGARDING 

17 VETERAN PARTICIPATION IN STATE MARI18 JUANA PROGRAMS. 

19 Notwithstanding any other provision of law, the Sec20 retary of Veterans Affairs shall authorize physicians and 

21 other health care providers employed by the Department 

22 of Veterans Affairs to— 

23 (1) provide recommendations and opinions to 

24 veterans who are residents of States with State 


lotter on DSKBCFDHB2PROD with BILLS
7 

•S 1764 IS

1 marijuana programs regarding the participation of 

2 veterans in such State marijuana programs; and 

3 (2) complete forms reflecting such recommenda4 tions and opinions. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS