CARERS Act of 2015

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 2015 CARERS Act of 2015 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 relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana. . 3. Rescheduling of marihuana (a) Removal from Schedule I Schedule I, as set forth in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (1) by striking paragraphs (10) and (17); (2) by redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively; and (3) by redesignating paragraphs (18) through (28) as paragraphs (16) through (26), respectively. (b) Listing in Schedule II Schedule II, as set forth in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of marihuana, including its salts, isomers, and salts of isomers. . 4. 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 . 5. Cannabidiol determination by 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 comply with section 102(57). . 6. Banking (a) Definitions In this section— (1) 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 State credit union as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (2) the term Federal banking regulator (3) the term financial service 12 U.S.C. 5481 (4) the term manufacturer (5) the term marijuana-related legitimate business (A) participates in any business or organized activity that involves handling marijuana or marijuana products, including selling, transporting, displaying, dispensing, or distributing marijuana or marijuana products; and (B) engages in such activity pursuant to a law established by a State or a unite of local government; (6) the term marijuana marihuana 21 U.S.C. 802 (7) the term marijuana product (8) the term producer (9) the term State (b) Safe harbor for depository institutions A Federal banking regulator may not— (1) terminate or limit the deposit insurance of a depository institution under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. 12 U.S.C. 1751 et seq. (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because— (A) the individual is a manufacturer or producer of marijuana; (B) the individual is the owner or operator of a marijuana-related legitimate business; (C) the individual later becomes an owner or operator of a marijuana-related legitimate business; or (D) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business; or (4) take any adverse or corrective supervisory action on a loan to an owner or operator of— (A) a marijuana-related legitimate business solely because the owner or operator is a marijuana-related business; or (B) real estate or equipment that is leased to a marijuana-related legitimate business solely because the owner or operator of the real estate or equipment leased the real estate or equipment to a marijuana-related business. (c) Protections under Federal law (1) Investigation and prosecution A depository institution that provides financial services to a marijuana-related legitimate business, or the officers, directors, and employees of that business, shall be immune from Federal criminal prosecution or investigation for providing those services. (2) Federal criminal law A depository institution that provides financial services to a marijuana-related legitimate business shall not be subject to a criminal penalty under any Federal law solely for providing those services or for further investing any income derived from such services. (3) Forfeiture A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan. (d) Exemption from filing suspicious activity reports Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: (5) Requirements for marijuana-related legitimate businesses If a financial institution or any director, officer, employee, or agent of a financial institution reports a suspicious transaction pursuant to this subsection, and the reason for the report relates to a marijuana-related business, the Secretary shall require that such report complies with the requirements of the guidance issued by the Financial Crimes Enforcement Network titled BSA Expectations Regarding Marijuana-Related Businesses . (e) Rule of construction Nothing in this section requires a depository institution to provide financial services to a marijuana-related legitimate business. 7. Research (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary for 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 8. 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 2015 or the CARERS Act of 2015 Amends the Controlled Substances Act (CSA) to provide that control and enforcement provisions of such Act relating to marihuana shall not apply to any person acting in compliance with state law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana. Transfers marihuana from schedule I to schedule II of the CSA. Excludes "cannabidiol" from the definition of "marihuana" and defines it separately as the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis. Deems marihuana that is grown or possessed for purposes of making cannabidiol, in accordance with state law, to meet such concentration limitation unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition. Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it provides or has provided financial services to a marihuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marihuana-related legitimate business. Prohibits a federal banking regulator from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because: (1) the individual is a manufacturer of marihuana, (2) the individual is or later becomes an owner or operator of a marihuana-related legitimate business, or (3) the depository institution was not aware that the individual is the owner or operator of a marihuana-related legitimate business. Prohibits a federal banking regulator from taking any adverse or corrective supervisory action on a loan to an owner or operator of: (1) a marihuana-related legitimate business soley because the owner or operator is such a business, or (2) real estate or equipment that is leased to a marihuana-related legitimate business solely because it is leased to such a business. Provides depository institutions that provide financial services to a marihuana-related legitimate business protection under federal law from federal criminal prosecution or investigation, criminal penalties, and forfeiture of legal interest in collateral solely for providing financial services to such a business. Directs: (1) the Department of Health and Human Services to terminate the Public Health Service interdisciplinary review process described in the guidance entitled "Guidance on Procedures for the Provision of marihuana for Medical Research" (issued on May 21, 1999), and (2) the Drug Enforcement Administration to issue at least three licenses under CSA registration requirements to manufacture marihuana and marihuana-derivatives for research approved by the Food and Drug Administration. Directs the Department of Veterans Affairs (VA) to authorize VA health care providers to provide veterans with recommendations and opinions regarding participation in state marihuana programs.