,,ii #aadth ,,congress #ast ,session ,s4 #fhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj1 #bjae,mr4 ,booker 7for himself1 ,mrs4 ,gillibrand1 and ,mr4 ,paul7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to extend the principle of federalism to ,state drug policy1 provide access to medical marijuana1 and enable research into the medicinal properties of marijuana4 #a4 ,short title ,this ,act may be cited as the ,compassionate ,access1 ,research ,expansion1 and ,respect ,states ,act of #bjae or the ,,carers ,act of #bjae4 #b4 ,federalism in drug policy ,section #gjh of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #ijc7 is amended-- 7#a7 by striking ,no provision and inserting the following3 7a7 ,in general ,except as provided in subsection 7b71 no provision 2 and 7#b7 by adding at the end the following3 7b7 ,compliance with ,state law ,notwithstanding any other provision of law1 the provisions of this title relating to marihuana shall not apply to any person acting in compliance with ,state law relating to the production1 possession1 distribution1 dispensation1 administration1 laboratory testing1 or delivery of medical marihuana4 4 #c4 ,rescheduling of marihuana 7a7 ,removal from ,schedule ,i ,schedule ,i1 as set forth in section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c771 is amended in subsection 7c7-- 7#a7 by striking paragraphs 7#aj7 and 7#ag72 7#b7 by redesignating paragraphs 7#aa7 through 7#af7 as paragraphs 7#aj7 through 7#ae71 respectively2 and 7#c7 by redesignating paragraphs 7#ah7 through 7#bh7 as paragraphs 7#af7 through 7#bf71 respectively4 7b7 ,listing in ,schedule ,,ii ,schedule ,,ii1 as set forth in section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c771 is amended by adding at the end the following3 7d7 ,unless specifically excepted or unless listed in another schedule1 any material1 compound1 mixture1 or preparation1 which contains any quantity of marihuana1 including its salts1 isomers1 and salts of isomers4 4 #d4 ,exclusion of cannabidiol from definition of marihuana ,section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 is amended-- 7#a7 in paragraph 7#af7-- 7,a7 by striking or cake1 or the sterilized and inserting cake1 the sterilized2 and 7,b7 by adding 1 or cannabidiol before the period at the end2 and 7#b7 by adding at the end the following3 7#eg7 ,the term cannabidiol means the substance cannabidiol1 as derived from marihuana or the synthetic formulation1 that contains not greater than #j4c percent delta-#i-tetrahydrocannabinol on a dry weight basis4 4 #e4 ,cannabidiol determination by ,states ,section #bja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7 is amended by adding at the end the following3 7j7 ,cannabidiol determination ,if a person grows or processes marihuana for purposes of making cannabidiol in accordance with ,state law1 the marihuana shall be deemed to meet the concentration limitation under section #ajb7eg71 unless the ,attorney ,general determines that the ,state law is not reasonably calculated to comply with section #ajb7eg74 4 #f4 ,banking 7a7 ,definitions ,in this section-- 7#a7 the term depository institution means-- 7,a7 a depository institution as defined in section #c7;c7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c772 7,b7 a ,federal credit union as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb72 or 7,c7 a ,state credit union as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb72 7#b7 the term ,federal banking regulator means each of the ,board of ,governors of the ,federal ,reserve ,system1 the ,bureau of ,consumer ,financial ,protection1 the ,federal ,deposit ,insurance ,corporation1 the ,office of the ,comptroller of the ,currency1 the ,national ,credit ,union ,administration1 or any ,federal agency or department that regulates banking or financial services1 as determined by the ,secretary of the ,treasury2 7#c7 the term financial service means a financial product or service as defined in section #ajjb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #edha72 7#d7 the term manufacturer means a person who manufactures1 compounds1 converts1 processes1 prepares1 or packages marijuana or marijuana products2 7#e7 the term marijuana-related legitimate business means a manufacturer1 producer1 or any person that-- 7,a7 participates in any business or organized activity that involves handling marijuana or marijuana products1 including selling1 transporting1 displaying1 dispensing1 or distributing marijuana or marijuana products2 and 7,b7 engages in such activity pursuant to a law established by a ,state or a unite of local government2 7#f7 the term marijuana has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb71 as amended by this ,act2 7#g7 the term marijuana product means any article that contains marijuana1 including an article that is a concentrate1 an edible1 a tincture1 a marijuana-infused product1 or a topical2 7#h7 the term producer means a person who plants1 cultivates1 harvests1 or in any way facilitates the natural growth of marijuana2 and 7#i7 the term ,state means each of the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 and any territory or possession of the ,united ,states4 7b7 ,safe harbor for depository institutions ,a ,federal banking regulator may not-- 7#a7 terminate or limit the deposit insurance of a depository institution under the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq47 or the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agea et seq47 solely because the depository institution provides or has provided financial services to a marijuana-related legitimate business2 7#b7 prohibit1 penalize1 or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business2 7#c7 recommend1 incentivize1 or encourage a depository institution not to offer financial services to an individual1 or to downgrade or cancel the financial services offered to an individual solely because-- 7,a7 the individual is a manufacturer or producer of marijuana2 7,b7 the individual is the owner or operator of a marijuana-related legitimate business2 7,c7 the individual later becomes an owner or operator of a marijuana-related legitimate business2 or 7,d7 the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business2 or 7#d7 take any adverse or corrective supervisory action on a loan to an owner or operator of-- 7,a7 a marijuana-related legitimate business solely because the owner or operator is a marijuana-related business2 or 7,b7 real estate or equipment that is leased to a marijuana-related legitimate business solely because the owner or operator of the real estate or equipment leased the real estate or equipment to a marijuana-related business4 7c7 ,protections under ,federal law 7#a7 ,investigation and prosecution ,a depository institution that provides financial services to a marijuana-related legitimate business1 or the officers1 directors1 and employees of that business1 shall be immune from ,federal criminal prosecution or investigation for providing those services4 7#b7 ,federal criminal law ,a depository institution that provides financial services to a marijuana-related legitimate business shall not be subject to a criminal penalty under any ,federal law solely for providing those services or for further investing any income derived from such services4 7#c7 ,forfeiture ,a depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business1 or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business1 shall not be subject to criminal1 civil1 or administrative forfeiture of that legal interest pursuant to any ,federal law for providing such loan4 7d7 ,exemption from filing suspicious activity reports ,section #ecah7;g7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,requirements for marijuana-related legitimate businesses ,if a financial institution or any director1 officer1 employee1 or agent of a financial institution reports a suspicious transaction pursuant to this subsection1 and the reason for the report relates to a marijuana-related business1 the ,secretary shall require that such report complies with the requirements of the guidance issued by the ,financial ,crimes ,enforcement ,network titled ,,bsa ,expectations ,regarding ,marijuana-,related ,businesses 7,,fin-#bjad-;,g#jja2 published on ,february #ad1 #bjad74 4 7e7 ,rule of construction ,nothing in this section requires a depository institution to provide financial services to a marijuana-related legitimate business4 #g4 ,research 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary for ,health and ,human ,services shall terminate the ,public ,health ,service interdisciplinary review process described in the guidance entitled ,guidance on ,procedures for the ,provision of ,marijuana for ,medical ,research 7issued on ,may #ba1 #aiii74 7b7 ,licenses for marijuana research ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,drug ,enforcement ,administration1 shall issue not less than #c licenses under section #cjc of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7 to manufacture marijuana and marijuana-derivatives for research approved by the ,food and ,drug ,administration4 #h4 ,provision by ,department of ,veterans ,affairs health care providers of recommendations and opinions regarding veteran participation in ,state marijuana programs ,notwithstanding any other provision of law1 the ,secretary of ,veterans ,affairs shall authorize physicians and other health care providers employed by the ,department of ,veterans ,affairs to-- 7#a7 provide recommendations and opinions to veterans who are residents of ,states with ,state marijuana programs regarding the participation of veterans in such ,state marijuana programs2 and 7#b7 complete forms reflecting such recommendations and opinions4