Legislation Reintroduced in Congress Would Allow VA to Prescribe Medical Cannabis to Veterans

Under current law, VA doctors can discuss medical cannabis with veterans in states with legal programs, but it is unclear whether veterans are protected from federal prosecution if they choose to use cannabis.

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While current law permits doctors at the U.S. Department of Veterans Affairs (VA) to discuss medical cannabis with veterans in states with legal programs, it is unclear whether veterans who choose to use medical cannabis are protected from federal prosecution or employment ramifications.

Legislation reintroduced in Congress this week aims to remedy this situation by allowing the VA to prescribe medical cannabis to veterans in states and territories where it is legal.

Reintroduced in the Senate April 19 by U.S. Sen. Brian Schatz, D-Hawaii, the Veterans Medical Marijuana Safe Harbor Act would establish a temporary, five-year safe harbor protection for veterans who use medical cannabis. The legislation would also direct the VA to research how medical cannabis could help veterans manage chronic pain and reduce opioid abuse.

The bill is cosponsored by U.S. Sens. Ron Wyden, D-Ore., Mark Kelly, D-Ariz., Cory Booker, D-N.J., Jacky Rosen, D-Nev., Bernie Sanders, I-Vt., Alex Padilla, D-Calif., Tim Kaine, D-Va., and Jeff Merkley, D-Ore.

U.S. Reps. Barbara Lee, D-Calif., and Dave Joyce, R-Ohio, have introduced companion legislation in the House.

“In 41 states and territories and Washington, D.C., doctors and their patients can use medical marijuana to manage pain or treat a wide range of diseases and disorders, including post-traumatic stress disorder—unless those doctors work for the VA and their patients are veterans,” Schatz said in a public statement. “Our bill will protect veteran patients in these jurisdictions, give VA doctors the option to prescribe medical marijuana to veterans, and shed light on how medical marijuana can help address the nation’s opioid epidemic.”

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