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Biden’s VA continues to block doctors from recommending medical marijuana to veterans in an updated directive

August 3, 2023 by Kyle Jaeger

The U.S. Department of Veterans Affairs has issued an updated directive which reaffirms that its doctors cannot recommend medical cannabis to military veterans. The document notes that the federal definition of marijuana has been revised since the legalization hemp.

The new Veterans Health Administration (VHA), guidance is similar to the previous version released in 2017. That version was also updated to encourage VA doctors explicitly to discuss veterans’ marijuana usage. The policy was set to expire at the end 2022 but, without an update, the guidance from 2017 remained in place until the new version, which was released last Friday.

Veterans’ advocates and legislators have pushed VA for years to allow its doctors to recommend medical cannabis to vets who live in states where it is legal. But the VA has long refused to change. The revised VHA directive clearly states that “VA health providers are prohibited from recommending or making referrals to Veterans, completing forms, or registering Veterans to participate in a State approved marijuana program.”

The House recently approved a bipartisan addition to a spending measure which would allow VA doctors the ability to recommend medical marijuana to veterans. The Senate Appropriations Committee passed the reform in , its version of appropriations legislation.

Rep. Brian Mast, R-FL, the House amendment’s lead sponsor told Marijuana Moment Thursday that the VA’s revised directive is “exactly why this provision” is needed.

He said that the bureaucracy of the VA not only creates confusion but also prevents veterans from accessing a proven treatment. “My bipartisan amendement passed the House and received strong support, while the Senate version has a provision which mirrors it. We are confident that we will succeed in addressing this outdated regulation.”

Mast co-sponsored the amendment with Reps. Earl Blumenauer, Dave Joyce (R. OH), and Barbara Lee, D. CA. All four are members of the Congressional Cannabis Caucus.

Blumenauer said to Marijuana Moment that “Last Week, I led an divided Congress in making progress on medical marijuana for our Veterans,” on Thursday. “The Biden Administration should be able do the same.” Our veterans deserve better.”

The updated directive states that VA providers may continue to “discuss clinical information about marijuana use with Veterans when they request information or report marijuana usage and document this in the Veteran’s Electronic Health Record.”

In the guidance, it is also stated that VA policy states that veterans should not be denied VA services because they participate in a State approved marijuana program or acknowledge marijuana use.

The directive also emphasizes that the federal marijuana definition was revised in order to differentiate it from hemp which was legalized by the 2018 Farm Bill. The directive exempts cannabis containing 0.3 percent THC or less from the definition of marijuana.

Other changes in the guidelines include updating the “roles and titles and responsibilities of top VA officials charged with educating the department’s marijuana rules to patients and providers.

While many hoped that the VA would modernize their marijuana policy for vets under the Biden Administration, the agency continues to fight against efforts by Congress to allow doctors to give medical cannabis recommendations and mandate clinical trials to determine the efficacy or marijuana in treating various health conditions which commonly affect veterans.

Recently updated clinicians guidance has been criticized by the department for strongly recommending against the use marijuana in the treatment post-traumatic disorder (PTSD).

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

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A report that was attached to the House Spending Legislation, by the Appropriations committee, also included a section that noted that “VA clarified that VA statutes and regulations do not specifically prohibit a veteran who earns income from state-legalized marijuana activities from obtaining an eligibility certificate for VA home loan benefit.”

During this time, Democratic Senators tried to pass a number of marijuana reform amendments via the chamber’s version National Defense Authorization Act.

If adopted, a provision that prohibits intelligence agencies such as the CIA or NSA from denying applicants security clearances solely because of their previous marijuana use would be in place.

A second proposal led by Sen. Brian Schatz, D-HI, would have allowed veterans in states or territories where medical cannabis is legal to use it. This was similar a separate bill introduced by the senator in April. However, this bill wasn’t brought up for discussion.

In a survey conducted recently, veterans who have used cannabis reported an improved quality of their lives and a reduced use of prescription drugs.


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Photo by Chris Wallis // Side Pocket Images.

The post Biden’s VA continues policy of blocking doctors from recommending medical marijuana to veterans in updated directive appeared initially on Marijuana moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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