Do the Feds Need to Butt Out of State Medical Marijuana Laws? (S. 1374)
Do you support or oppose this bill?
What is S. 1374?
(Updated August 22, 2020)
This bill ― known as the CARERS Act ― would allow people to use medical marijuana in states where it is legal without fear of federal prosecution. It would not legalize medical marijuana at the federal level, but would simply respect the laws of the 29 states plus the District of Columbia and Guam that have legalized medical marijuana.
Marijuana would also be reclassified from a Schedule I to a Schedule II drug in order to recognize its accepted medical use — opening the door for states to set their own policies with respect to medical marijuana.
Doctors working for the Department of Veterans Affairs (VA) would also be able to prescribe marijuana to veterans under their care. Currently, marijuana is not recognized by the VA as a valid treatment option because of federal law, even in states where medical marijuana is legal.
This bill would also modify federal law to allow banks to provide financial services to legal medical marijuana dispensaries that comply with state laws. Cannabidiol — a part of marijuana’s chemistry profile that used to make synthetic marijuana — would be excluded from the definition of marijuana, thus allowing states to determine the status of cannabidiol.
The bill's full title is the Compassionate Access, Research Expansion, and Respect States Act of 2017.
Argument in favor
This would finally put a stop to federal interference in state medical marijuana laws that voters asked for. Marijuana has a legitimate medical use, and this bill will protect patients and their caregivers from prosecution.
Argument opposed
Medical marijuana is often abused by people who just want to use marijuana recreationally. The federal government shouldn’t enable that, and needs to make an example of those who exploit the system.
Impact
Anyone who uses medical marijuana products, patients in states where medical marijuana is legal, veterans receiving care from the VA in medical marijuana states, local law enforcement, the Drug Enforcement Agency, and the Attorney General.
Cost of S. 1374
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Sen. Cory Booker (D-NJ) said of his bill:
“Federal marijuana policy has long overstepped the boundaries of common sense, fiscal prudence, and compassion. This bill will help ensure that people who can benefit from medical marijuana -- from children suffering from chronic illnesses to veterans battling PTSD -- can do so without worrying about the federal government standing in the way.”
Lead cosponsor Sen. Rand Paul (R-KY) added:
“For far too long, the federal government has enforced unnecessary laws that have restricted the medical community's ability to determine marijuana's medicinal value and have prohibited Americans from receiving essential care that would alleviate their chronic pain and suffering. Our bill respects the will of the people, and will have a positive impact on the lives of our veterans and children.”
Of Note: At the end of the 113th Congress in December 2014, Congress included a measure in the so-called “Cromnibus” preventing the Drug Enforcement Agency (DEA) from prosecuting medical marijuana cases where the defendants are complying with state laws. That followed an uptick in raids related to medical marijuana, which led some to criticize the Obama administration for its stance on large-scale producers and retailers of marijuana.
Media:
- Sponsoring Sen. Cory Booker (D-NJ) Press Release
-
Countable YouTube
- Marketwatch
- Rolling Stone
- CBS News (Previous Version)
- Forbes (Previous Version)
- Huffington Post (Previous Version)
- MSNBC (Previous Version)
- National Journal (Previous Version)
- Washington Post (Previous Version)
- Drug Policy Alliance (In Favor)
-
Marijuana Policy Project (In Favor)
Summary by Eric Revell
(Photo Credit: Flickr user Dank Depot)
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