II 118th CONGRESS 1st Session S. 1204 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Schatz (for himself, Mr. Wyden , Mr. Kelly , Mr. Booker , Ms. Rosen , Mr. Sanders , Mr. Padilla , Mr. Kaine , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by a State or Indian Tribe, and for other purposes.

1. Short title This Act may be cited as the Veterans Medical Marijuana Safe Harbor Act. . 2. Findings Congress finds the following: (1) Chronic pain affects the veteran population, with almost 60 percent of veterans returning from serving in the Armed Forces in the Middle East, and more than 50 percent of older veterans, who are using the health care system of the Department of Veterans Affairs living with some form of chronic pain. (2) In 2020, opioids accounted for approximately 75 percent of all drug overdose deaths in the United States. (3) Veterans are twice as likely to die from opioid-related overdoses than nonveterans. (4) States with recreational cannabis laws experienced a 7.6 percent reduction in opioid-related emergency department visits during the 180-day period after the implementation of such laws. (5) Marijuana and its compounds show promise for pain management and treating a wide-range of diseases and disorders, including post-traumatic stress disorder. (6) Medical marijuana in States where it is legal may serve as a less harmful alternative to opioids in treating veterans. 3. Safe harbor for use by veterans of medical marijuana (a) Safe harbor Notwithstanding the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ), or any other 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 means any of the Indian lands, as that term is defined in section 824(b) of the Indian Health Care Improvement Act ( 25 U.S.C. 1680n ). (2) Indian Tribe The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Physician The term physician means a physician appointed by the Secretary of Veterans Affairs under section 7401(1) of title 38, United States Code. (4) State The term State has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (5) Veteran The term veteran has the meaning given that term in section 101 of title 38, United States Code. (c) Sunset This section shall cease to have force or effect on the date that is five years after the date of the enactment of this Act. 4. Research on use of medical marijuana by veterans (a) Research on effects of medical marijuana on veterans (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall support clinical research on the use of medical marijuana— (A) by veterans to manage pain; and (B) for the treatment of veterans for diseases and disorders such as post-traumatic stress disorder. (2) Interagency coordination The Secretary shall coordinate and collaborate with other relevant Federal agencies to support and facilitate clinical research under paragraph (1). (3) Report Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the ongoing clinical research supported by the Secretary under paragraph (1), which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate to continue to support the management of pain and the treatment of diseases and disorders of veterans. (b) Study on use by veterans of State medical marijuana programs (1) In general Not later than two years after the date of the enactment of this Act, the Secretary shall conduct a study on the relationship between treatment programs involving medical marijuana that are approved by States, the access of veterans to such programs, and a reduction in opioid use and misuse among veterans. (2) Report Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Secretary shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate. (c) Veteran defined In this section, the term veteran has the meaning given that term in section 101 of title 38, United States Code. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary to carry out this section.