Issue Position: Medical Marijuana

Issue Position

Medical marijuana is legal in 23 states and the District of Columbia, where lawmakers recognize medical research showing cannabis can alleviate symptoms of serious conditions, including epileptic and seizure disorders in children, cancer and glaucoma. Fourteen more states have laws regulating cannabidiol oils.

However, medical marijuana remains illegal under federal law, leaving patients and providers vulnerable to arrest--even if they are in compliance with their state laws. As a currently classified Schedule I drug, federal law restricts medical marijuana research, as well as fair and safe financial services for medical marijuana-related businesses.

Senator Gillibrand, along with Senators Cory Booker (D-NJ) and Rand Paul (R-KY), have introduced a bipartisan bill to recognize that marijuana has accepted medical use, and that it is the states' responsibility to set medical marijuana policy.

Compassionate Access, Research Expansion and Respect States (CARERS) Act

(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) Reschedule Marijuana from Schedule I to Schedule II, Recognizing "Accepted Medical Use"

Marijuana is currently listed as a Schedule I drug, meaning it does not currently have accepted medical use in the United States. The CARERS Act moves it to Schedule II, recognizing what Americans already know: marijuana has a legitimate medical purpose.

(3) Allow States to Import Cannbidiol (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 will allow youth suffering from intractable epilepsy to gain access to the medicine they need to control their seizures.

(4) Provide Veterans Access

Doctors in Department of Veterans Affairs facilities are currently prohibited prescribing medical marijuana. The CARERS Act would allow VA doctors to recommend medical marijuana to military veterans.

(5) Permit Financial Services and Banking for Marijuana Dispensaries

Right now, medical marijuana business is a cash business. The CARERS Act provides a safe harbor to banks and credit unions, their officers and employees that provide financial services to marijuana-related businesses that engage in activities pursuant to state law.

(6) Expand Opportunities for Research

The CARERS Act removes unnecessary bureaucratic hurdles for researchers to gain government approval to undertake important research on marijuana.

On June 24, 2015, Senator Kirsten Gillibrand testified in front of the Senate Caucus on International Narcotics Control about the benefits of cannadibidiol as medical treatment and the need to make it legally available to patients who live in states where medical marijuana is legal.

Source