Compassionate Access Act

To provide for the rescheduling of marihuana, the medical use of marihuana in accordance with State law, and the exclusion of cannabidiol from the definition of marihuana, and for other purposes. 1. Short title This Act may be cited as the Compassionate Access Act 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 (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 (b) Cannabidiol (1) In general Paragraph (16) of section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (A) by striking (16) The (16)(A) The (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 (57) The term cannabidiol . (3) Cannabidiol determination by the States Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 (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 21 U.S.C. 301 (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 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) (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 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. 5. Definitions In this Act: (1) Authorized patient The term authorized patient (2) Marihuana Except as provided in section 2(c)(2), the term marihuana 21 U.S.C. 802 (3) Physician The term physician (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 (5) State The term State

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.