II 

118TH CONGRESS 

1ST SESSION S. 1204 

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 19, 2023 

Mr. SCHATZ (for himself, Mr. WYDEN, Mr. KELLY, Mr. BOOKER, Ms. ROSEN, 

Mr. SANDERS, Mr. PADILLA, Mr. KAINE, and Mr. MERKLEY) 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.’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Chronic pain affects the veteran population, 

4 with almost 60 percent of veterans returning from 

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

6 more than 50 percent of older veterans, who are 

7 using the health care system of the Department of 

8 Veterans Affairs living with some form of chronic 

9 pain. 

10 (2) In 2020, opioids accounted for approxi11 mately 75 percent of all drug overdose deaths in the 

12 United States. 

13 (3) Veterans are twice as likely to die from 

14 opioid-related overdoses than nonveterans. 

15 (4) States with recreational cannabis laws expe16 rienced a 7.6 percent reduction in opioid-related 

17 emergency department visits during the 180-day pe18 riod after the implementation of such laws. 

19 (5) Marijuana and its compounds show promise 

20 for pain management and treating a wide-range of 

21 diseases and disorders, including post-traumatic 

22 stress disorder. 

23 (6) Medical marijuana in States where it is 

24 legal may serve as a less harmful alternative to 

25 opioids in treating veterans. 


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

2 MARIJUANA. 

3 (a) SAFE HARBOR.—Notwithstanding the Controlled 

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

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

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

7 for— 

8 (1) a veteran to use, possess, or transport med9 ical marijuana in a State or on Indian land if the 

10 use, possession, or transport is authorized and in ac11 cordance with the law of the applicable State or In12 dian Tribe; 

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

14 use of medical marijuana as a treatment if the phy15 sician is in a State or on Indian land where the law 

16 of the applicable State or Indian Tribe authorizes 

17 the use, possession, distribution, dispensation, ad18 ministration, delivery, and transport of medical 

19 marijuana; or 

20 (3) a physician to recommend, complete forms 

21 for, or register veterans for participation in a treat22 ment program involving medical marijuana that is 

23 approved by the law of the applicable State or In24 dian Tribe. 

25 (b) DEFINITIONS.—In this section: 


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

2 means any of the Indian lands, as that term is de3 fined in section 824(b) of the Indian Health Care 

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

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

6 has the meaning given that term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 5304). 

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

10 a physician appointed by the Secretary of Veterans 

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

12 States Code. 

13 (4) STATE.—The term ‘‘State’’ has the mean14 ing given that term in section 102 of the Controlled 

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

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

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

18 United States Code. 

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

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

21 the enactment of this Act. 

22 SEC. 4. RESEARCH ON USE OF MEDICAL MARIJUANA BY 

23 VETERANS. 

24 (a) RESEARCH ON EFFECTS OF MEDICAL MARI25 JUANA ON VETERANS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Veterans Affairs shall support clinical re4 search on the use of medical marijuana— 

5 (A) by veterans to manage pain; and 

6 (B) for the treatment of veterans for dis7 eases and disorders such as post-traumatic 

8 stress disorder. 

9 (2) INTERAGENCY COORDINATION.—The Sec10 retary shall coordinate and collaborate with other 

11 relevant Federal agencies to support and facilitate 

12 clinical research under paragraph (1). 

13 (3) REPORT.—Not later than two years after 

14 the date of the enactment of this Act, the Secretary 

15 shall submit to Congress a report on the ongoing 

16 clinical research supported by the Secretary under 

17 paragraph (1), which shall include such rec18 ommendations for legislative or administrative action 

19 as the Secretary considers appropriate to continue to 

20 support the management of pain and the treatment 

21 of diseases and disorders of veterans. 

22 (b) STUDY ON USE BY VETERANS OF STATE MED23 ICAL MARIJUANA PROGRAMS.— 

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

25 after the date of the enactment of this Act, the SecVerDate Sep 11 2014 22:41 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1204.IS S1204

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1 retary shall conduct a study on the relationship be2 tween treatment programs involving medical mari3 juana that are approved by States, the access of vet4 erans to such programs, and a reduction in opioid 

5 use and misuse among veterans. 

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

7 the date on which the study required under para8 graph (1) is completed, the Secretary shall submit to 

9 Congress a report on the study, which shall include 

10 such recommendations for legislative or administra11 tive action as the Secretary considers appropriate. 

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

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

14 of title 38, United States Code. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary of Vet17 erans Affairs such sums as may be necessary to carry out 

18 this section. 

Æ 


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