CARERS Act of 2017

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. Short title This Act may be cited as the Compassionate Access, Research Expansion, and Respect States Act of 2017 CARERS Act of 2017 2. Federalism in drug policy Section 708 of the Controlled Substances Act ( 21 U.S.C. 903 (1) by striking No provision (a) In general Except as provided in subsection (b), no provision ; and (2) by adding at the end the following: (b) Compliance with State law Notwithstanding any other provision of law, the provisions of this title relating to marihuana shall not apply to any person acting in compliance with State law, as determined by the State, relating to the production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marihuana. . 3. Exclusion of cannabidiol from definition of marihuana Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (1) in paragraph (16)— (A) by striking or cake, or the sterilized cake, the sterilized (B) by adding , or cannabidiol (2) by adding at the end the following: (57) The term cannabidiol . 4. Cannabidiol determination by States Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 (k) 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 comply with section 102(57). . 5. Research (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall terminate the Public Health Service interdisciplinary review process described in the guidance entitled Guidance on Procedures for the Provision of Marijuana for Medical Research (b) Licenses for marijuana research Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Drug Enforcement Administration, shall issue not less than 3 licenses under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 (c) Marijuana research (1) In general Section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (B) by striking (f) The Attorney General (f)(1) The Attorney General (C) by striking Registration applications (2) Registration applications ; (D) in paragraph (2), as so designated, by striking schedule I schedule I, except marijuana, (E) by striking Article 7 (4) Article 7 ; and (F) by inserting before paragraph (4), as so designated, the following: (3) (A) Not later than 180 days after the date of enactment of this paragraph, the Secretary shall promulgate regulations that require the Secretary to register a practitioner to conduct research on marihuana if— (i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; and (ii) the applicant’s research protocol— (I) has been reviewed and allowed by— (aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) (bb) the National Institutes of Health or another Federal agency that funds scientific research; or (II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health. (B) The Secretary shall grant an application for registration under this paragraph unless the Secretary determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors: (i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. (ii) Compliance with applicable Federal or State laws relating to controlled substances. (iii) Conduct by the applicant that may threaten the public health and safety. . (2) Conforming amendment Section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) or marijuana The term marihuana 6. Provision by Department of Veterans Affairs health care providers of recommendations and opinions regarding veteran participation in State marijuana programs Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to— (1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and (2) complete forms reflecting such recommendations and opinions.

Summary: Compassionate Access, Research Expansion, and Respect States Act of 2017 or the CARERS Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to a person who produces, possesses, distributes, dispenses, administers, tests, recommends, or delivers medical marijuana in compliance with state law. The bill also: excludes "cannabidiol" (CBD) from the definition of "marijuana"; limits the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 percent on a dry weight basis; and deems marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the Drug Enforcement Administration (DEA) determines state law to be unreasonable. The bill directs the Department of Health and Human Services (HHS) to terminate the Public Health Service's interdisciplinary review process that is used to evaluate applications for medical marijuana research. The DEA must license manufacturers and distributors of marijuana for medical research; HHS must register practitioners to conduct research; and the Department of Veterans Affairs (VA) must authorize VA health care providers to provide recommendations and opinions to veterans regarding participation in their states' marijuana programs.