Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, June 15, 2017

Bipartisan group introduces new version of CARERS Act to reform federal marijuana prohibition

CARERS-act-header-backgroundAs reported in this new Roll Call article, a "bipartisan group of senators and representatives have reintroduced legislation that would enable states to set their own medical marijuana policies."  Here are the basics:

Senators Cory Booker, D-N.J., and Kirsten Gillibrand, D-N.Y., joined by Rep. Steve Cohen, D-Tenn., made the announcement on Thursday....

The legislation reintroduced Thursday would protect patients, doctors and businesses participating in state medical-marijuana programs from federal prosecution. The Compassionate Access, Research Expansion and Respect States (CARERS) Act would not legalize medical marijuana in all 50 states. Instead, it would ensure that people in the states where medical cannabis is legal can use it without violating federal law.

In addition to Booker and Gillibrand, co-sponsors of the CARERS Act include Senators Rand Paul, R-Ky., Mike Lee, R-Utah, Lisa Murkowski, R-Alaska, and Al Franken, D-Minn. 

This press release from Senator Booker is titled "Lawmakers Reintroduce Bipartisan, Bicameral Medical Marijuana Bill: CARERS Act would ensure patients have access to lifesaving care without fear of federal prosecution." The press release includes quotes from all the sponsors and state that "the CARERS Act would:

(1) Recognize States’ Responsibility to Set Medical Marijuana Policy & Eliminate Potential Federal Prosecution

The CARERS Act amends the Controlled Substances Act so that states can set their own medical marijuana policies. The patients, providers, and businesses participating in state medical marijuana programs will no longer be in violation of federal law and vulnerable to federal prosecution.

(2) Allow States to Import Cannabidiol (CBD), Recognized Treatment for Epilepsy and Seizure Disorders

The CARERS Act amends the Controlled Substances Act to remove specific strains of CBD oil from the federal of definition of marijuana. This change will allow youth suffering from intractable epilepsy to gain access to the medicine they need to control their seizures.

(3) Provide Veterans Access

Current law prohibits doctors in Department of Veterans Affairs (VA) facilities from prescribing medical marijuana. The CARERS Act would allow VA doctors in states where medical marijuana is legal to recommend medical marijuana to military veterans.

(4) Expand Opportunities for Research

The CARERS Act removes unnecessary bureaucratic hurdles for researchers to gain government approval to undertake important research on marijuana and creates a system for the Secretary of the Department of Health and Human Services to encourage research.

The CARERS Act has the support of more than 20 health, veteran and policy organizations, including: American Civil Liberties Union, Americans for Safe Access, Compassionate Care NY, Coalition for Medical Marijuana NJ, Drug Policy Alliance, Housing Works, Law Enforcement Against Prohibition, Marijuana Policy Project, MS Resources of Central New York, Multidisciplinary Association for Psychedelic Studies, New Jersey Hospice and Palliative Care Organization, NY Physicians for Compassionate Care, Parents Coalition for Rescheduling Medical Cannabis, Patients Out of Time, Students for Sensible Drug Policy, The American Cannabis Nurses Association, The Breast Cancer Coalition of Rochester, Third Way, Veterans for Medical Cannabis Access, Veterans for Peace and Veterans for Safe Access and Compassionate Care."

http://lawprofessors.typepad.com/marijuana_law/2017/06/bipartisan-group-introduces-new-version-of-carers-act-to-reform-federal-marijuana-prohibition.html

Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Who decides | Permalink

Comments

I have a nephew that has seizures and I have a brother that is giving him CBD oil with low THC for his seizures he also has Behavioral issues. It seems that the CBD oil has been working very well in both areas. However he's 17 years old and got himself into some trouble and now is on probation my question is can you play me in the direction on information where in his situation he has no medical card for the use of CBD oil AKA medicinal marijuana. Try to convince my brother to take him and get a medical marijuana card but he refuses and it's his son I can't force anything upon him to do but I would like to protect my nephew from going to jail if by chance he is given a urine or his test of sorts and comes out positive. All that to say is can he be in violation of probation in the state of Massachusetts for being positive for THC.
Thank you

Posted by: Ivan | Jun 20, 2017 3:10:15 AM

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