1. Short title This Act may be cited as the Compassionate Access Act . 2. Availability of marihuana for medical use (a) Rescheduling (1) Recommendation by HHS Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Institute of Medicine of the National Academy of Sciences, shall submit to the Administrator of the Drug Enforcement Administration a recommendation to transfer marihuana from schedule I under section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) to a schedule under such section 202 other than schedule I. (2) Final rule Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, taking into consideration the recommendation under paragraph (1), issue a final rule to transfer marihuana from schedule I under section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) to a schedule under such section other than schedule I. (b) Cannabidiol (1) In general Paragraph (16) of section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended— (A) by striking (16) The and inserting (16)(A) The ; and (B) by adding at the end the following: (B) Cannabidiol— (i) is excluded from the definition of marihuana under subparagraph (A)