S.Amdt. 4464

SA 4464. Mr. SCHATZ (for himself, Mr. Kaine, Mr. Sanders, Mr.
Merkley, Mr. Wyden, Ms. Rosen, Mr. Peters, and Mr. Padilla) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H--Use of Medical Marijuana by Veterans

SEC. 1071. 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 the term ``Indian tribe'' 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.

SEC. 1072. STUDIES ON USE OF MEDICAL MARIJUANA BY VETERANS.

(a) Study on Effects of Medical Marijuana on Veterans in
Pain.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall conduct a study on the effects of medical marijuana on
veterans in pain.
(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.
(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 abuse 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) Use of Amounts.--For fiscal years 2022 and 2023, of the
amounts appropriated to the Department of Veterans Affairs--
(1) $10,000,000 shall be used to carry out subsection (a);
and
(2) $5,000,000 shall be used to carry out subsection (b).
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