Sec. 710. Department of Defense pilot program on health effects of medical marijuana use by veterans

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Not later than 90 days after the date of the enactment of this Act, subject to the availability in advance of appropriations, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall commence the conduct of a pilot program to study the effect of marijuana use by covered individuals with respect to the health outcomes of such individuals (in this section referred to as the pilot program ). Under the pilot program, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall carry out the following activities:

Conducting preclinical research or a clinical investigation pursuant to an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ), in accordance with a research protocol that has been reviewed and approved under such section with respect to such research or investigation. Assessing and, subject to the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) and other applicable laws regarding privacy, compiling and publishing relevant data collected by State-approved marijuana regulatory programs and made available to the Secretary of Defense.

Such other activities as the Secretary of Defense may determine appropriate for purposes of the pilot program. The pilot program shall be conducted in one or more States with a State-approved marijuana regulatory program, and shall be conducted in accordance with applicable State law with respect to the manufacture, distribution, dispensing, or possession of marijuana, to the extent such activity occurs as part of such pilot program. The Controlled Substances Act ( 21 U.S.C. 801 et seq. ) and Article 112a of the Uniform Code of Military Justice ( 10 U.S.C. 912a ) shall not apply with respect to the manufacture, distribution, dispensing, or possession of marijuana under the pilot program as part of preclinical research or a clinical investigation conducted under subsection (b)(1), to the extent such activity occurs as part of the pilot program and in compliance with Medical Marijuana and Cannabidiol Research Expansion Act ( Public Law 117–215 ).

Nothing in this subtitle shall affect or modify— the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); the Medical Marijuana and Cannabidiol Research Expansion Act ( Public Law 117–215 ); or any authority of the Commissioner of Food and Drugs or the Secretary of Health and Human Services under a provision of law specified in subparagraphs

(A)through

(C)(including the authority of the Commissioner or Secretary to promulgate regulations or guidelines relating to the production of hemp under such a provision). The eligibility or entitlement of a covered individual to any other benefit under the laws administered by the Secretary of Veterans Affairs or any other provision of law shall not be affected by the participation of the covered individual in the pilot program. Not later than one year after the date on which the pilot program commences, and annually thereafter for the duration of the pilot program, the Secretary of Defense shall submit to the appropriate congressional committees a report on the conduct of the pilot program. Except as provided in paragraph (2), the pilot program shall terminate on the date that is five years after the date on which the pilot program commences. If the Secretary of Defense determines it appropriate, the Secretary may renew the pilot program for a single additional five-year period following the date of termination under paragraph (1). Amounts authorized to be made available to the Medicare-Eligible Retiree Health Care Fund established under chapter 56 of title 10, United States Code, are not authorized to be transferred or otherwise made available to carry out the pilot program. In this section: The term appropriate congressional committees means— the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term covered individual means any member of a covered Armed Force or veteran diagnosed with post-traumatic stress disorder, depression, or anxiety, or prescribed pain management, by a health professional furnishing care at a facility of the Department of Veterans Affairs or through the Veterans Community Care Program under section 1703 of title 38, United States Code. The term marijuana has the meaning given that term in section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ).

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