The U.S. Senate this month approved an appropriations bill that includes language to grant physicians with the federal Department of Veterans Affairs (VA) the authority to issue medical cannabis recommendations to their patients. If approved and signed into law, the provision would be a significant change for military veterans in states with legal cannabis.
Current federal policy allows VA doctors to discuss the medical use of cannabis with their patients. Physicians are not permitted, however, to issue medical cannabis recommendations for their patients. As a result, vets who want to use cannabis as an alternative healthcare treatment must pay for their recommendations out of pocket or obtain their cannabis through the unregulated market. Veterans are also denied reimbursement for medical cannabis.
The spending legislation approved by the Senate covers Military Construction, Veterans Affairs (MilConVA) and Agriculture, Rural Development, Food and Drug Administration (AgFDA). The Senate Appropriations Committee approved the appropriations bill last month before advancing it to the full chamber. The Senate voted to pass the spending package by a vote of 87-9 on August 1, according to a report from online cannabis news source Marijuana Moment.
Medical Cannabis Language Mirrors Standalone Bill
The MilConVA portion of the legislation was amended in committee to include the language from Democratic Sen. Jeff Merkley of Oregon relating to cannabis and military veterans. The language was drafted to mirror a standalone bill known as the Veterans Equal Access Act.
The Senate version of the appropriations package differs from the version passed by the House of Representatives in June. These differences in the legislation must be rectified before a final version of the spending package can be passed by both chambers of Congress and sent to the White House for the president’s consideration.
While the two versions of the legislation are not identical, the House version also contained language related to cannabis and veterans sponsored by Republican Reps. Brian Mast of Florida and David Joyce of Ohio. The amendment from the lawmakers, who are both co-chairs of the Congressional Cannabis Caucus, would ease access to medical cannabis for veterans by eliminating the VA policy that bars doctors from issuing medical cannabis recommendations.
The House and Senate have both passed similar legislation related to veterans and cannabis as part of appropriations packages in previous years. However, the provisions that would allow VA doctors to issue medical cannabis regulations have been left out of the final versions of the measures, leaving the prohibition in place.
Senate Report Calls for VA Cannabis Recommendations
This year’s Senate version of the MilConVA spending package also includes a report that contains provisions related to cannabis and psychedelics. One of the report’s sections calls on the VA to let its doctors issue medical cannabis recommendations if the federal government reschedules cannabis under the Controlled Substances Act (CSA).
Under a proposal from the Biden administration that is still under consideration by the Drug Enforcement Administration, cannabis would be removed from Schedule I of the CSA and moved to Schedule III. The change would ease restrictions on cannabis research and provide financial benefits to the regulated cannabis industry.
If cannabis is rescheduled under federal law, “VA should consider issuing guidance allowing VHA doctors and other personnel to discuss, recommend, and facilitate access to medical marijuana in States with state-legal medical marijuana programs to the extent allowable under Federal law,” the report maintains.
The report goes on to discuss the potential for cannabis to be used as an alternative treatment option for veterans, encouraging the department to study “the relationship between treatment programs involving medical marijuana that are approved by States, the access of veterans to such programs, and a reduction in opioid use and abuse among veterans.”
The report also explored how GI Bill benefits are relevant to cannabis, noting that “VA policy determinations have restricted the ability of veterans to access their earned benefits, including GI Bill Benefits.”
The spending package will next be considered by the members of a conference committee, who will be tasked with reconciling differences between the House and Senate versions of the legislation.
Catch up on the latest cannabis news, and sign up for NuggMD's Weekly Sesh newsletter for the latest cannabis news, consumer tips, and recommendations.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
