I 
116TH CONGRESS 
1ST SESSION 
H. R. 127 
To extend the principle of federalism to State drug policy, provide access 
to medical marijuana, and enable research into the medicinal properties 
of marijuana. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2019 
Mr. COHEN (for himself and Mr. YOUNG) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on the Judiciary, and Veterans’ Affairs, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To extend the principle of federalism to State drug policy, 
provide access to medical marijuana, and enable research 
into the medicinal properties of marijuana. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Compassionate Access, 
Research Expansion, and Respect States Act of 2019’’ or 
the ‘‘CARERS Act of 2019’’. 
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS
SEC. 2. FEDERALISM IN DRUG POLICY. 
Section 708 of the Controlled Substances Act (21 
U.S.C. 903) is amended— 
(1) by striking ‘‘No provision’’ and inserting 
the following: 
‘‘(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.—Notwith-
standing 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, recom-
mending use, or delivery of medical marihuana.’’. 
SEC. 3. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF 
MARIHUANA. 
Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended— 
(1) in paragraph (16)— 
(A) by striking ‘‘or cake, or the sterilized’’ 
and inserting ‘‘cake, the sterilized’’; and 
(B) by adding ‘‘, or cannabidiol’’ before 
the period at the end; and 
(2) by adding at the end the following: 
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS
‘‘(57) The term ‘cannabidiol’ means the sub-
stance cannabidiol, as derived from marihuana or 
the synthetic formulation, that contains not greater 
than 0.3 percent delta-9-tetrahydrocannabinol on a 
dry weight basis.’’. 
SEC. 4. CANNABIDIOL DETERMINATION BY STATES. 
Section 201 of the Controlled Substances Act (21 
U.S.C. 811) is amended by adding at the end the fol-
lowing: 
‘‘(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).’’. 
SEC. 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’’ (issued on May 21, 
1999). 
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS
(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 Enforce-
ment Administration, shall issue not less than 3 licenses 
under section 303 of the Controlled Substances Act (21 
U.S.C. 823) to manufacture and distribute marijuana and 
marijuana-derivatives for research approved by the Food 
and Drug Administration. 
(c) MARIJUANA RESEARCH.— 
(1) IN GENERAL.—Section 303(f) of the Con-
trolled Substances Act (21 U.S.C. 823(f)) is amend-
ed— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (5) as subparagraphs (A) through (E), 
respectively; 
(B) by striking ‘‘(f) The Attorney General’’ 
and inserting ‘‘(f)(1) The Attorney General’’; 
(C) by striking ‘‘Registration applications’’ 
and inserting the following: 
‘‘(2) Registration applications’’; 
(D) in paragraph (2), as so designated, by 
striking ‘‘schedule I’’ each place that term ap-
pears and inserting ‘‘schedule I, except mari-
juana,’’; 
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS
(E) by striking ‘‘Article 7’’ and inserting 
the following: 
‘‘(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 promul-
gate 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 sub-
stances 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)); or 
‘‘(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 volun-
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS
tarily submitted by the applicant to, and ap-
proved by, the National Institutes of Health. 
‘‘(B) The Secretary shall grant an application for 
registration under this paragraph unless the Secretary de-
termines that the issuance of the registration would be in-
consistent 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 sub-
stances. 
‘‘(ii) Compliance with applicable Federal or 
State laws relating to controlled substances. 
‘‘(iii) Conduct by the applicant that may threat-
en the public health and safety.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
102(16) of the Controlled Substances Act (21 
U.S.C. 802(16)) is amended by inserting ‘‘or ‘mari-
juana’ ’’ after ‘‘The term ‘marihuana’ ’’. 
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS
SEC. 6. PROVISION BY DEPARTMENT OF VETERANS AF-
FAIRS HEALTH CARE PROVIDERS OF REC-
OMMENDATIONS AND OPINIONS REGARDING 
VETERAN PARTICIPATION IN STATE MARI-
JUANA PROGRAMS. 
Notwithstanding any other provision of law, the Sec-
retary 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 recommenda-
tions and opinions. 
Æ 
VerDate Sep 11 2014 
23:02 Jan 14, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H127.IH
H127
kjohnson on DSK79L0C42 with BILLS