I 118TH CONGRESS 1ST SESSION H. R. 2682 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 APRIL 18, 2023 Ms. LEE of California (for herself, Mr. JOYCE of Ohio, Mr. BLUMENAUER, Ms. STRICKLAND, Ms. DELBENE, Ms. TITUS, Ms. MACE, Mr. COHEN, Ms. SCHAKOWSKY, Mr. CARTER of Louisiana, Ms. NORTON, Ms. JACK- SON LEE, Mrs. CHERFILUS-MCCORMICK, and Ms. JACOBS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Vet- erans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction 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 VerDate Sep 11 2014 21:38 May 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2682.IH H2682 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2682 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Veterans Medical 2 Marijuana Safe Harbor Act.’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) Chronic pain affects the veteran population, 6 with almost 60 percent of veterans returning from 7 serving in the Armed Forces in the Middle East, and 8 more than 50 percent of older veterans, who are 9 using the health care system of the Department of 10 Veterans Affairs living with some form of chronic 11 pain. 12 (2) In 2020, opioids accounted for approxi- 13 mately 75 percent of all drug overdose deaths in the 14 United States. 15 (3) Veterans are twice as likely to die from 16 opioid related overdoses than nonveterans. 17 (4) States with recreational cannabis laws expe- 18 rienced a 7.6 percent reduction in opioid-related 19 emergency department visits during the 180-day pe- 20 riod after the implementation of such laws. 21 (5) Marijuana and its compounds show promise 22 for pain management and treating a wide-range of 23 diseases and disorders, including post-traumatic 24 stress disorder. 25 VerDate Sep 11 2014 21:38 May 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2682.IH H2682 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2682 IH (6) Medical marijuana in States where it is 1 legal may serve as a less harmful alternative to 2 opioids in treating veterans. 3 SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 4 MARIJUANA. 5 (a) SAFE HARBOR.—Notwithstanding the Controlled 6 Substances Act (21 U.S.C. 801 et seq.), the Controlled 7 Substances Import and Export Act (21 U.S.C. 951 et 8 seq.), or any other Federal law, it shall not be unlawful 9 for— 10 (1) a veteran to use, possess, or transport med- 11 ical marijuana in a State or on Indian land if the 12 use, possession, or transport is authorized and in ac- 13 cordance with the law of the applicable State or In- 14 dian Tribe; 15 (2) a physician to discuss with a veteran the 16 use of medical marijuana as a treatment if the phy- 17 sician is in a State or on Indian land where the law 18 of the applicable State or Indian Tribe authorizes 19 the use, possession, distribution, dispensation, ad- 20 ministration, delivery, and transport of medical 21 marijuana; or 22 (3) a physician to recommend, complete forms 23 for, or register veterans for participation in a treat- 24 ment program involving medical marijuana that is 25 VerDate Sep 11 2014 21:38 May 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2682.IH H2682 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2682 IH approved by the law of the applicable State or In- 1 dian Tribe. 2 (b) DEFINITIONS.—In this section: 3 (1) INDIAN LAND.—The term ‘‘Indian land’’ 4 means any of the Indian lands, as that term is de- 5 fined in section 824(b) of the Indian Health Care 6 Improvement Act (25 U.S.C. 1680n). 7 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 8 has the meaning given that term in section 4 of the 9 Indian Self-Determination and Education Assistance 10 Act (25 U.S.C. 5304). 11 (3) PHYSICIAN.—The term ‘‘physician’’ means 12 a physician appointed by the Secretary of Veterans 13 Affairs under section 7401(1) of title 38, United 14 States Code. 15 (4) STATE.—The term ‘‘State’’ has the mean- 16 ing given that term in section 102 of the Controlled 17 Substances Act (21 U.S.C. 802). 18 (5) VETERAN.—The term ‘‘veteran’’ has the 19 meaning given that term in section 101 of title 38, 20 United States Code. 21 (c) SUNSET.—This section shall cease to have force 22 or effect on the date that is five years after the date of 23 the enactment of this Act. 24 VerDate Sep 11 2014 21:38 May 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2682.IH H2682 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2682 IH SEC. 4. RESEARCH ON USE OF MEDICAL MARIJUANA BY 1 VETERANS. 2 (a) RESEARCH ON EFFECTS OF MEDICAL MARI- 3 JUANA ON VETERANS.— 4 (1) IN GENERAL.—Not later than 180 days 5 after the date of the enactment of this Act, the Sec- 6 retary of Veterans Affairs shall support clinical re- 7 search on the use of medical marijuana— 8 (A) by veterans to manage pain; and 9 (B) for the treatment of veterans for dis- 10 eases and disorders such as post-traumatic 11 stress disorder. 12 (2) INTERAGENCY COORDINATION.—The Sec- 13 retary shall coordinate and collaborate with other 14 relevant Federal agencies to support and facilitate 15 clinical research under paragraph (1). 16 (3) REPORT.—Not later than two years after 17 the date of the enactment of this Act, the Secretary 18 shall submit to Congress a report on the ongoing 19 clinical research supported by the Secretary under 20 paragraph (1), which shall include such rec- 21 ommendations for legislative or administrative action 22 as the Secretary considers appropriate to continue to 23 support the management of pain and the treatment 24 of diseases and disorders of veterans. 25 VerDate Sep 11 2014 21:38 May 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2682.IH H2682 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2682 IH (b) STUDY ON USE BY VETERANS OF STATE MED- 1 ICAL MARIJUANA PROGRAMS.— 2 (1) IN GENERAL.—Not later than two years 3 after the date of the enactment of this Act, the Sec- 4 retary shall conduct a study on the relationship be- 5 tween treatment programs involving medical mari- 6 juana that are approved by States, the access of vet- 7 erans to such programs, and a reduction in opioid 8 use and misuse among veterans. 9 (2) REPORT.—Not later than 180 days after 10 the date on which the study required under para- 11 graph (1) is completed, the Secretary shall submit to 12 Congress a report on the study, which shall include 13 such recommendations for legislative or administra- 14 tive action as the Secretary considers appropriate. 15 (c) VETERAN DEFINED.—In this section, the term 16 ‘‘veteran’’ has the meaning given that term in section 101 17 of title 38, United States Code. 18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 19 are authorized to be appropriated to the Secretary of Vet- 20 erans Affairs such sums as may be necessary to carry out 21 this section. 22 Æ VerDate Sep 11 2014 21:38 May 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2682.IH H2682 kjohnson on DSK79L0C42PROD with BILLS