Veterans Medical Marijuana Safe Harbor Act.

I 116TH CONGRESS 1ST SESSION H. R. 1151 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. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 12, 2019 Ms. LEE of California 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 consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To allow veterans to use, possess, or transport medical mari- juana 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Veterans Medical 4 Marijuana Safe Harbor Act.’’. 5 VerDate Sep 11 2014 23:43 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1151.IH H1151 kjohnson on DSK79L0C42 with BILLS 2 •HR 1151 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Chronic pain affects the veteran population, 3 with almost 60 percent of veterans returning from 4 serving in the Armed Forces in the Middle East, and 5 more than 50 percent of older veterans, who are 6 using the health care system of the Department of 7 Veterans Affairs living with some form of chronic 8 pain. 9 (2) Opioids account for approximately 63 per- 10 cent of all drug deaths in the United States. 11 (3) In 2011, veterans were twice as likely to die 12 from accidental opioid overdoses as nonveterans. 13 (4) States with medical cannabis laws have a 14 24.8 percent lower mean annual opioid overdose 15 mortality rate compared with States without medical 16 cannabis laws. 17 (5) Marijuana and its compounds show promise 18 for treating a wide-range of diseases and disorders, 19 including pain management. 20 (6) Medical marijuana in States where it is 21 legal may serve as a less harmful alternative to 22 opioids in treating veterans. 23 VerDate Sep 11 2014 23:43 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1151.IH H1151 kjohnson on DSK79L0C42 with BILLS 3 •HR 1151 IH SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 1 MARIJUANA. 2 (a) SAFE HARBOR.—Notwithstanding the Controlled 3 Substances Act (21 U.S.C. 801 et seq.), the Controlled 4 Substances Import and Export Act (21 U.S.C. 951 et 5 seq.), or any other Federal law, it shall not be unlawful 6 for— 7 (1) a veteran to use, possess, or transport med- 8 ical marijuana in a State or on Indian land if the 9 use, possession, or transport is authorized and in ac- 10 cordance with the law of the applicable State or In- 11 dian Tribe; 12 (2) a physician to discuss with a veteran the 13 use of medical marijuana as a treatment if the phy- 14 sician is in a State or on Indian land where the law 15 of the applicable State or Indian Tribe authorizes 16 the use, possession, distribution, dispensation, ad- 17 ministration, delivery, and transport of medical 18 marijuana; or 19 (3) a physician to recommend, complete forms 20 for, or register veterans for participation in a treat- 21 ment program involving medical marijuana that is 22 approved by the law of the applicable State or In- 23 dian Tribe. 24 (b) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 23:43 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1151.IH H1151 kjohnson on DSK79L0C42 with BILLS 4 •HR 1151 IH (1) INDIAN LAND.—The term ‘‘Indian land’’ 1 means any of the Indian lands, as such term is de- 2 fined in section 824(b) of the Indian Health Care 3 Improvement Act (25 U.S.C. 1680n). 4 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 5 has the meaning given the term ‘‘Indian tribe’’ in 6 section 4 of the Indian Self-Determination and Edu- 7 cation Assistance Act (25 U.S.C. 5304). 8 (3) PHYSICIAN.—The term ‘‘physician’’ means 9 a physician appointed by the Secretary of Veterans 10 Affairs under section 7401(1) of title 38, United 11 States Code. 12 (4) STATE.—The term ‘‘State’’ has the mean- 13 ing given that term in section 102 of the Controlled 14 Substances Act (21 U.S.C. 802). 15 (5) VETERAN.—The term ‘‘veteran’’ has the 16 meaning given that term in section 101 of title 38, 17 United States Code. 18 (c) SUNSET.—This section shall cease to have force 19 or effect on the date that is five years after the date of 20 the enactment of this Act. 21 SEC. 4. STUDIES ON USE OF MEDICAL MARIJUANA BY VET- 22 ERANS. 23 (a) STUDY ON EFFECTS OF MEDICAL MARIJUANA ON 24 VETERANS IN PAIN.— 25 VerDate Sep 11 2014 23:43 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1151.IH H1151 kjohnson on DSK79L0C42 with BILLS 5 •HR 1151 IH (1) IN GENERAL.—Not later than two years 1 after the date of the enactment of this Act, the Sec- 2 retary of Veterans Affairs shall conduct a study on 3 the effects of medical marijuana on veterans in pain. 4 (2) REPORT.—Not later than 180 days after 5 the date on which the study required under para- 6 graph (1) is completed, the Secretary shall submit to 7 Congress a report on the study, which shall include 8 such recommendations for legislative or administra- 9 tive action as the Secretary considers appropriate. 10 (b) STUDY ON USE BY VETERANS OF STATE MED- 11 ICAL MARIJUANA PROGRAMS.— 12 (1) IN GENERAL.—Not later than two years 13 after the date of the enactment of this Act, the Sec- 14 retary shall conduct a study on the relationship be- 15 tween treatment programs involving medical mari- 16 juana that are approved by States, the access of vet- 17 erans to such programs, and a reduction in opioid 18 abuse among veterans. 19 (2) REPORT.—Not later than 180 days after 20 the date on which the study required under para- 21 graph (1) is completed, the Secretary shall submit to 22 Congress a report on the study, which shall include 23 such recommendations for legislative or administra- 24 tive action as the Secretary considers appropriate. 25 VerDate Sep 11 2014 23:43 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1151.IH H1151 kjohnson on DSK79L0C42 with BILLS 6 •HR 1151 IH (c) VETERAN DEFINED.—In this section, the term 1 ‘‘veteran’’ has the meaning given that term in section 101 2 of title 38, United States Code. 3 (d) USE OF AMOUNTS.—For fiscal years 2020 and 4 2021, of the amounts appropriated to the Department of 5 Veterans Affairs— 6 (1) $10,000,000 shall be used to carry out sub- 7 section (a); and 8 (2) $5,000,000 shall be used to carry out sub- 9 section (b). 10 Æ VerDate Sep 11 2014 23:43 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1151.IH H1151 kjohnson on DSK79L0C42 with BILLS