CARERS Act of 2017

(1) by striking No provision and inserting the following:

Except as provided in subsection (b), no provision; and

(2) by adding at the end the following:

Notwithstanding any other provision of law, the provisions of this title relating to marihuana shall not apply to any person acting in compliance with State law, as determined by the State, relating to the production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marihuana.

(1) in paragraph (16)—

(A) by striking or cake, or the sterilized and inserting cake, the sterilized; and

(B) by adding, or cannabidiol before the period at the end; and

(2) by adding at the end the following:

(57) The term cannabidiol means the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight basis.

If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to comply with section 102(57).

Not later than 180 days after the date of enactment of this Act, the Secretary of 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 (issued on May 21, 1999).

Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Drug Enforcement Administration, shall issue not less than 3 licenses under section 303 of the Controlled Substances Act (21 U.S.C. 823) to manufacture and distribute marijuana and marijuana-derivatives for research approved by the Food and Drug Administration.

Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended—

(A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;

(B) by striking (f) The Attorney General and inserting (f)(1) The Attorney General;

(C) by striking Registration applications and inserting the following:

(2) Registration applications;

(D) in paragraph (2), as so designated, by striking schedule I each place that term appears and inserting schedule I, except marijuana,;

(E) by striking Article 7 and inserting the following:

(4) Article 7; and

(F) by inserting before paragraph (4), as so designated, the following:

(A) Not later than 180 days after the date of enactment of this paragraph, the Secretary shall promulgate regulations that require the Secretary to register a practitioner to conduct research on marihuana if—

(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; and

(ii) the applicant’s research protocol—

(I) has been reviewed and allowed by—

(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or

(bb) the National Institutes of Health or another Federal agency that funds scientific research; or

(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health.

(B) The Secretary shall grant an application for registration under this paragraph unless the Secretary determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors:

(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances.

(ii) Compliance with applicable Federal or State laws relating to controlled substances.

(iii) Conduct by the applicant that may threaten the public health and safety.

Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting or marijuana after The term marihuana.

(1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and

(2) complete forms reflecting such recommendations and opinions.