Senate Republicans blocked a vote on a bill that would have promoted research into marijuana’s therapeutic effects for veterans with certain conditions.
Last week, Senate Majority leader Chuck Schumer (D) submitted a motion to move forward in the VA Medicinal Cannabis Research Act. This was rejected by 57-42 votes on a party-line vote on Wednesday. It required 60 votes to pass.
Schumer changed his vote from “yes” to “no”, in order to submit a motion for reconsideration under Senate rules. He expressed regret that the bill, which helped our veterans so much, was defeated.
“Our veterans need this.” All of our veteran groups supported it. He said that it was unanimously supported by both parties in the committee. “I hope some of our members from the other side who did not vote for it, will reconsider.”
Cloture not invoked 57-42. Motion to invoke cloture in the motion to proceed Cal. #32, S.326. The Veterans Affairs Medicinal Cannabis Research Bill.
Schumer changed his vote from “No” to “Yes” to submit a motion for reconsideration.
Senate Periodicals April 26, 2019
The bill may not be technically dead but the vote raises questions about its prospects, including those of other bipartisan marijuana initiatives that legislators are working on, such as cannabis banking reform.
The bill passed the Senate Veterans’ Affairs Committee on February 1, becoming the first standalone marijuana law to pass a committee in the chamber. The measure is sponsored by Sen. Jon Tester, chairman of the Veterans Affairs Committee, along with Sen. Dan Sullivan, R-AK.
The proposed legislation is designed to require that the U.S. Department of Veterans Affairs conduct studies to examine the therapeutic potential of marijuana for veterans suffering from chronic pain and post-traumatic disorder (PTSD).
Tester stated on the floor before Wednesday’s vote, that he understands that the cannabis proposal is “controversial,” among GOP members. However, he said it was an important measure to ensure that vets have “a greater understanding of the role medicinal cannabis plays in healing the wounds from war.”
He said that it was time to put aside political differences and do what is right for our vets. The VA studies that are required by the bill may show that marijuana can be used as an alternative opioid for veterans suffering from chronic pain.
Sen. Jerry Moran, ranking member of Veterans’ Affairs Committee spoke in support of the measure. He stated that it was an effort to ensure that veterans do not harm themselves and make informed decisions.
Tester may have been unable to convince GOP senators to accept the cloture motion because of an Amendment he wanted to add to the bill. This amendment would have added a number non-cannabis issues, such as housing or senior care. Others, such as Sen. James Lankford of Oklahoma, made it clear that they were against the marijuana-specific language.
If the only way to honor our veterans, after all that they have done for us, is to give them cannabis then we have failed them.
Sen. James Lankford April 26th, 2023
Reps. Lou Correa, D-CA and Jack Bergman, R-MI, filed a House companion to the standalone legislation a few days before the Senate Committee action.
In this new version, the bill is revised to allow VA to determine for itself if it can oversee clinical trials on marijuana for chronic pain or PTSD.
VA officials who spoke out against the previous proposals seem to have been able to influence this significant change.
The VA objected to a previous version of this legislation that was passed by a House Committee in 2021. The measure was in the past, and passed through committees in both 2020 and 2018 . However, none of these versions became law.
This Congress, the legislation was revised to include the requirement of a retroactive study of observation to examine the experiences of veterans that have used marijuana as a treatment for this condition in the past but outside the context of clinical trials.
There’s a second change that observers are noticing as a way for VA to avoid meeting a key clinical trial objective.
After completing an observational research on the effects cannabis has on PTSD, chronic pain and other conditions, VA is required to report to Congress within 90 days on its ability to conduct the more rigorous clinical tests that were the focus of previous versions of the legislation.
The bill text states that “the Secretary may terminate clinical trials…if the Secretary determines the Department of Veterans Affairs cannot meet the clinical guideline requirements needed to conduct such trials, or if the clinical trial would create an excessive risk for participants.”
This is important because VA has consistently criticized previous versions of the reform proposal. The department has argued that the mandate for research goes too far and contains too many requirements. VA can now finish the qualitative study, and decide independently whether or not to conduct the clinical trials involving humans.
The new version also removes the requirement that studies involve at least seven varieties of cannabis and leaves it open-ended. This may address VA’s concerns that the measure was too prescriptive.
Correa had an exchange with VA Secretary Denis McDonough last year about marijuana and veterans. There were high expectations that the Department might change its mind on the legislation, but that hasn’t yet happened.
A coalition of over 20 Veterans Service Organizations (VSOs ) wrote to the leaders of Congress late last year urging the passage of marijuana research legislation before the end the last Congress. But it didn’t work out.
, a large defense spending bill enacted by the end of last session, excluded separate language that had been included in a previous House-passed draft that would have allowed VA doctors to prescribe medical cannabis to Veterans living in states that allow it.
Recently, bipartisan House and Senate legislators re-filed bills to Legalize Medical Marijuana for Military Veterans.
This bill will allow veterans to temporarily possess and use marijuana under federal law if doctors recommend it in accordance with the state laws. For the first time, doctors with the U.S. Department of Veterans Affairs would be able to make such recommendations.
The measure also authorizes VA to investigate the therapeutic potential of cannabis for pain and posttraumatic stress disorder (PTSD).
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The lawmakers expressed optimism that marijuana reform legislation could be passed this session despite the divided Congress and the Republican control of the House.
In the first months of the new Congress, Schumer has met with Democratic members and Republican members to discuss marijuana reform proposals which might be able to garner bipartisan support this year.
The majority leader announced plans to resubmit his comprehensive federal cannabis legalization bill, while continuing to work on a more modest package of cannabis legislation.
Sen. Cory Booker, D-NJ, said that lawmakers are working to “resurrect the SAFE Plus package that was passed during the last session. He acknowledged that the failure to pass a banking solution for the industry would “literally mean that hundreds of businesses will go out of business.”
A number of cannabis-related bills were introduced last week, leading up to the 4/20 holiday, but lawmakers did not explicitly state that they had been filed in relation to this unofficial marijuana celebration.
Rep. Brian Mast, R-FL, introduced legislation last Thursday to protect Second Amendment rights for people who use marijuana legally in states. This would allow them to buy and possess firearms, which they are currently prohibited to have under federal law.
Reps. Dave Joyce, R-OH and Alexandria Ocasio Cortez, D-NY have introduced a bill that would provide federal grants to encourage state and local marijuana exclusions.
Earl Blumenauer, co-chair of the Congressional Cannabis Caucus (D-OR), filed a bill last week to give state-legal cannabis companies access to federal tax deductions available to other industries. He told Marijuana Moment he believed that the reform would eventually generate revenue to the government.
In the beginning of this month, Hakeem Jeffreys (D-NY), the House Minority leader, and Joyce filed a bill to help prepare the federal government to legalize marijuana. The measure directed the Attorney General to create a commission that would study cannabis and make recommendations on how to regulate it in a similar way to alcohol.
Maine Lawmaker Files Bill to Allow Marijuana Interstate Commerce when Federal Policy Changes
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