Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act

To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes. 1. Short title This Act may be cited as the Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act 2. Application of the Controlled Substances Act to marihuana (a) In general Part A of the Controlled Substances Act ( 21 U.S.C. 801 103. Application of this Act to marihuana (a) Prohibition on certain shipping or transportation This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof. (b) Penalty Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. . (b) Table of contents The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( Public Law 91–513 Sec. 103. Application of this Act to marihuana. . 3. Descheduling marihuana (a) Removed from schedule of controlled substances Subsection (c) of Schedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (1) by striking marihuana (2) by striking tetrahydrocannabinols (b) Removal of prohibition on import and export Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 (1) in paragraph (1)— (A) in subparagraph (F), by inserting or (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (2) in paragraph (2)— (A) in subparagraph (F), by inserting or (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (3) in paragraph (3), by striking paragraphs (1), (2), and (4) paragraphs (1) and (2) (4) by striking paragraph (4); and (5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Conforming amendments to Controlled Substances Act The Controlled Substances Act ( 21 U.S.C. 801 (1) in section 102(44) ( 21 U.S.C. 802(44) marihuana, (2) in section 401(b) ( 21 U.S.C. 841(b) (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (vi), by inserting or (II) by striking (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)— (I) by striking clause (vii); and (II) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), by striking subparagraphs (A), (B), and (D) subparagraphs (A) and (B) (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as redesignated, by striking subparagraphs (C) and (D) subparagraph (C) (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) ( 21 U.S.C. 842(c)(2)(B) , marihuana, (4) in section 403(d)(1) ( 21 U.S.C. 843(d)(1) , marihuana, (5) in section 418(a) ( 21 U.S.C. 859(a) (6) in section 419(a) ( 21 U.S.C. 860(a) (7) in section 422(d) ( 21 U.S.C. 863(d) (A) in the matter preceding paragraph (1), by striking marijuana, (B) in paragraph (5), by striking , such as a marihuana cigarette, (8) in section 516(d) ( 21 U.S.C. 886(d) section 401(b)(6) section 401(b)(5) 4. Regulation and labeling of marijuana (a) In general Not later than 1 year after the date of enactment of this Act, the Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury shall, jointly, issue rules to regulate marijuana. Such rules shall, to the extent practicable, be similar to Federal rules regulating alcohol. (b) Effective date of descheduling The amendments made by sections 2 and 3 of this Act shall take effect on the date that the final rules issued pursuant to subsection (a) take effect. 5. Banking protections (a) Safe harbor A depository institution that provides a financial service to a person shall not violate any Federal or State law for providing such financial service solely because such person is a cannabis-related legitimate business or a service provider. (b) Definitions In this section: (1) Business of insurance The term business of insurance 12 U.S.C. 5481 (2) Cannabis The term cannabis marihuana 21 U.S.C. 802 (3) Cannabis product The term cannabis product (4) Cannabis-related legitimate business The term cannabis-related legitimate business (A) engages in any activity described in subparagraph (B) pursuant to a law established by a State or a political subdivision of a State, as determined by such or political subdivision; and (B) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (5) Depository institution The term depository institution (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (C) a credit union as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (6) Financial service The term financial service (A) means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5481 (B) means a financial product or service, or any combination of products and services, permitted to be provided by— (i) a national bank or a financial subsidiary pursuant to the authority provided under— (I) the provision designated Seventh 12 U.S.C. 24 (II) section 5136A of the Revised Statutes of the United States ( 12 U.S.C. 24a (ii) a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act; (C) includes the business of insurance; (D) includes, whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, where such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers; (E) includes acting as a money transmitting business which directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and (F) includes acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments (as defined under section 1956(c)(5) of title 18, United States Code. (7) Manufacturer The term manufacturer (8) Producer The term producer (9) Service provider The term service provider (A) means a business, organization, or other person that— (i) sells goods or services to a cannabis-related legitimate business; or (ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (10) State The term State 6. Safe harbor for use by veterans of medical marijuana (a) Safe harbor Notwithstanding any provision of Federal law, it shall not be unlawful for— (1) a veteran to use, possess, or transport medical marijuana in a State or on Indian land if the use, possession, or transport is authorized and in accordance with the law of the applicable State or Indian Tribe; (2) a physician to discuss with a veteran the use of medical marijuana as a treatment if the physician is in a State or on Indian land where the law of the applicable State or Indian Tribe authorizes the use, possession, distribution, dispensation, administration, delivery, and transport of medical marijuana; or (3) a physician to recommend, complete forms for, or register veterans for participation in a treatment program involving medical marijuana that is approved by the law of the applicable State or Indian Tribe. (b) Definitions In this section: (1) Indian land The term Indian land 25 U.S.C. 1680n (2) Indian Tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (3) Physician The term physician (4) State The term State 21 U.S.C. 802 (5) Veteran The term veteran 7. Studies on use of medical marijuana (a) Study on effects of medical marijuana on individuals in pain or who are impaired (1) In general Not later than two years after the date of the enactment of this Act, the Director of the National Institutes of Health shall conduct or support a study on the effects of medical marijuana on individuals in pain or who are impaired. (2) Report Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Director shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Director considers appropriate. (b) Study on use of State medical marijuana programs (1) In general Not later than two years after the date of the enactment of this Act, the Director of the National Institutes of Health shall conduct or support a study on the relationship between treatment programs involving medical marijuana that are approved by States, the access of individuals to such programs, and a reduction in opioid abuse. (2) Report Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Director shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Director considers appropriate.

Summary: Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act This bill removes federal restrictions on, and creates new protections for, marijuana-related conduct and activities that are authorized by state or tribal law. Among other things, the bill does the following: removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana; directs the Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury to issue rules to regulate marijuana that are similar to the federal rules regulating alcohol; creates protections for depository institutions that provide financial services to marijuana-related businesses; creates protections for veterans who use, possess, or transport medical marijuana; and requires the National Institutes of Health to study and report on the effects of medical marijuana on individuals who are impaired or in pain and the relationship between state-approved treatment programs involving medical marijuana, access to such programs, and a reduction in opioid abuse.