The Senate approved a bill which included a provision allowing doctors at the U.S. Department of Veterans Affairs to recommend medical marijuana to veterans who live in states where it is legal. This sets the stage for conferencing with the House.
As part of the “minibus” package containing three spending bills, the Senate approved the Military Construction, Veterans Affairs, and Related Agencies measure on Wednesday. The cannabis amendment was proposed by Sen. Jeff Merkley, D-OR. The vote was 82-15.
The House of Representatives passed the MilConVA Bill in March, with an amendment that was sponsored by Rep. Brian Mast(R-FL) along with other members of Congressional Cannabis Caucus. This amendment would give VA doctors the power to recommend medical marijuana to veterans.
The exact language in the two proposals is slightly different. This means that the issue must be resolved by a bipartisan conference committee, or otherwise negotiated between House and Senate leadership as part of a bill that will be sent to President Obama before it can be enacted. In 2016, both chambers included different versions of the VA cannabis amendment in their appropriations bill, only for the issue to be completely removed from the final agreement which was signed into law.
The veterans’ cannabis provisions as adopted by the Senate
Sec. Sec.
(1) Interfere with the ability of an individual to participate in a medical marijuana program that has been approved by a state;
(2) refuse to provide any service from the Department for a veteran participating in such a programme;
(3) interfere or limit the ability of any health care provider to provide appropriate recommendations, complete forms or comply with a particular program.
Here’s what the House added to its MilConVA Bill:
Sec. 421. Veterans Health Directive 1315, as it relates–
(1) The policy that states “VHA providers may not complete forms or register Veterans to participate in a State approved marijuana program”.
(2) The directive to the “Deputy Undersecretary for Health for Operations and Management”, to ensure “that medical facility directors are aware of VHA policy that providers assess Veteran marijuana use, but that providers are prohibited from making recommendations, referring to or completing paperwork to Veteran participation in state marijuana programs”.
(3) The directive to the “VA Medical Facilities Director” that all “VA Facility Staff” are “aware of the following”. “[T]he prohibition against recommending, making referrals or completing forms and enrolling Veterans in State-approved Marijuana Programs”.
In a Wednesday press release, Senate Appropriations Committee chair Patty Murray (D – WA) stated that “we need to begin conferencing our appropriations bill.” This will require House Republicans get serious about governing. They must return to the spending agreement that they negotiated and work with us on finalizing bipartisan bills to meet the current needs of our families.
As part of the short-term extension approved by lawmakers in September, funding for federal agencies will expire on 17 November.
The veterans cannabis bill would achieve the exact same policy as a stand-alone bill that Mast and Rep. Earl Blumenauer, D-OR, refiled on the House side .
The Veterans Equal Access Act was presented several times over the past few years, with bipartisan support. has passed through various committees and has received floor approval a number times but has not yet been enacted.
In August, congressional members from both parties expressed “deep concerns” about the VA’s recently updated marijuana directive which continues to prevent its doctors from making recommendations to medical cannabis to veterans who live in states where it is legal.
The decision to continue the “harmful” policy on cannabis recommendations was deemed “alarming”, especially in light of the latest VA clinical guidance for PTSD which strongly discourages the use of medical cannabis as a form treatment.
They said that many veterans have already reported using cannabis as a medical substitute to prescription drugs.
The VA has previously updated its cannabis guidelines, adding to its 2017 version language that encourages VA doctors, for instance, to discuss veterans’ marijuana usage .
In April, Senate Republicans blocked a separate procedural vote that would have advanced a bill on the floor to promote VA research into marijuana’s therapeutic effects for veterans who suffer from conditions like post-traumatic disorder (PTSD).
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The House Rules Committee of the GOP-controlled House has repeatedly blocked similar proposals by bipartisan members during this session.
This includes several versions of a bill to prohibit the use of federal funds to test job applicants for marijuana, an issue championed Rep. Robert Garcia(D-CA). has recently submitted a new version of the appropriations bill that covers Financial Services and General Government.
The House also approved in September a pair of measures for psychedelics, as well an amendment to create federal labeling requirements relating to marijuana interactions with prescribed drugs, as part of the Department of Defense budget bill.
The House Appropriations Committee attached a report to the spending legislation that includes a separate section stating that “VA clarified that VA statutes and regulations do not prohibit a veteran who earns income from state-legalized marijuana activities from receiving a certificate of VA eligibility for home loan benefits.”
In July, the Senate passed a defense bill that included provisions prohibiting intelligence agencies such as the CIA or NSA from denying security clearances solely based on past marijuana usage. Other cannabis proposals such as that of Sen. Brian Schatz, D-HI, to allow medical marijuana use by vets , did not make it into the National Defense Authorization Act.
The Rules Committee blocked more than a dozen amendments on marijuana and psychedelics in the House version of NDAA. This happened in July. This includes a measure that was introduced by Garcia which would have prevented denials of security clearances to federal workers due to prior cannabis use.
In September, the House Oversight and Accountability Committee approved a bipartisan standalone bill that would prohibit the denial or refusal of federal employment and security clearances because a candidate has used marijuana in the past.
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The article Senate Votes to Allow VA doctors to Recommend medical marijuana To veterans, Similar to the House-passed version appeared on Marijuana Moment.
