Cannabis Law Prof Blog

Editor: Franklin G. Snyder
Texas A&M University
School of Law

Monday, September 10, 2018

Possible Safe Harbor for U.S. Military Veterans Who Need Medical Cannabis

AaaA bill filed in Congress would allow veterans to get medical marijuana from the U.S. Department of Veterans Affairs.  While a growing number of military veterans use medical marijuana for the treatment of PTSD, chronic pain, and other mental and physical war wounds, however, federal law prohibits VA doctors from prescribing it.  That might change.

Senators Bill Nelson (D-FL) and Brian Schatz (D-HI) recently filed the Medical Marijuana for Veterans Safe Harbor Act that would legalize medical marijuana for veterans and empower physicians in the VA to issue medical marijuana recommendations in accordance with the laws of "the State in which the use, possession, or transport occurs." Despite the fact that state laws that legalize the use of medical marijuana are preempted by federal laws which prohibit such use, this bill effectively harmonizes federal law governing the VA with state law in states where medical marijuana is legal.

According to Tom Angell of Forbes, who reports on the story, Senators Nelson and Schatz are addressing long-term goals such as cannabis research and reduction of opioid use among veterans. The bill allocates $15 million for research on "the effects of medical marijuana on veterans in pain" and "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 abuse."

Some form of medical marijuana is permitted in 31 states and this legislation would grant veterans the same access to legitimately prescribed medication as other patients in those 31 states would have. Justin Strekal, political director for NORML, says that "Historically, veteran and military communities have long been at the forefront of American social change, catalyzing widespread acceptance of evolving cultural norms and perceptions surrounding racial, gender, and sexual equality. The therapeutic use of cannabis by veterans follows this trend and members of Congress should follow their lead and pass the Veterans Medical Marijuana Safe Harbor Act."

--Kindal Wetuski

http://lawprofessors.typepad.com/cannabis_law/2018/09/possible-safe-harbor-for-us-military-veterans-who-need-medical-cannabis.html

Drug Policy, Federal Regulation, Legislation, Medical Marijuana, Politics, Research, State Regulation | Permalink

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