Officials at the U.S. Department of Veterans Affairs (VA) have come out against a series of bills that are designed to protect VA benefits for veterans who use marijuana, allow the department’s doctors to recommend medical cannabis and expand research into the plant’s therapeutic potential.
Lawmakers and advocates representing veterans discussed the proposals during a congressional hearing on Tuesday. And while the Trump administration representatives present said the department opposes the bills, support was widespread among witnesses and subcommittee members, at least for some of the legislation.
“This is the first time we’ve had a hearing like this with a substantive committee,” Rep. Earl Blumenauer (D-OR) said. “One of the great tragedies of our time is the failure to adequately address the needs of veterans returning home from Iraq and Afghanistan… An overwhelming number of veterans tell me that cannabis has reduced PTSD symptoms [and] the dependency on addictive opioids.”
Rep. Julia Brownley (D-CA), chair of the House Veterans’ Affairs Subcommittee on Health, thanked Blumenauer for introducing his Veterans Equal Access Act, which would allow VA physicians to issue medical cannabis recommendations for veterans. She said “it’s an important bill” and that she’s also heard from veterans who want the proposed policy change.
I just testified in @VetAffairsDems on veterans access to medical cannabis. @RulesDemocrats are discussing how we can achieve universal health coverage w/ #MedicareForAll. @HouseJudiciary is holding its first hearing on the #ERA in 36 yrs.
— Earl Blumenauer (@repblumenauer) April 30, 2019
The congresswoman also thanked Rep. Lou Correa (D-CA) for filing his VA Medicinal Cannabis Research Act, which would require the VA to conduct a clinical study on the benefits and risk of medical marijuana in the treatment of conditions such chronic pain and post-traumatic stress disorder.
“It’s time to make sure that veterans get to know what cannabis is good for and what cannabis is not good for. We need medical research,” Correa said. “We owe our veterans a tremendous amount. The least we can do is make sure we’re giving them the proper treatment for those invisible wounds that they brought back from the battlefield.”
“I agree we need to push the VA forward on this,” Brownley said.
The panel also talked about a bill from Rep. Greg Steube (R-FL) that would codify an existing VA policy prohibiting the department from stripping veterans of their benefits just because they use cannabis in compliance with state law.
After the lawmakers spoke to make the case for their respective legislation, veterans advocates and three VA officials offered their feedback and took questions from the committee.
Keita Franklin, national director of suicide prevention in the VA’s Office of Mental Health and Suicide Prevention, said that the department opposes all of the cannabis bills. She said the proposal to require the VA to conduct clinical research on medical cannabis is too ambitious and risky, stating that “a smaller, early-phase trial design would be used to advance our knowledge of benefits and risk regarding cannabis before moving to a type of more expansive approach as described in this proposed legislation.”
“Any trial with human subjects must include an evaluation of the risks and safety and include the smallest number of participants to avoid putting subjects at increased risk unnecessarily so,” she said. “For these reasons, we don’t support this proposed legislation.”
Franklin said the department opposes allowing VA clinicians to recommend medical cannabis because of guidance it’s received from the Drug Enforcement Administration (DEA). VA doctors are prohibited from recommending cannabis in legal states because the DEA “advised VA that no provision of the controlled substances act would be exempt from criminal sanctions as a VA physician who acts with intent to provide a patient with means to obtain marijuana.”
Finally, the VA opposes Steube’s bill, she said, because there is already a VA policy stating that veterans won’t lose their benefits for using cannabis or discussing their usage with a VA health care provider.
The congressman, however, has said his bill is needed to codify the protection into law so that a future administration could not reverse it.
Among the advocacy groups—the Iraq and Afghanistan Veterans of America (IAVA), Veterans of Foreign Wars (VFW) and Disabled American Veterans (DAV)—there was particularly strong interest in advancing the legislation to mandate VA research into medical marijuana.
Joy Ilem, national legislative director of DAV, said the group concurs “that research is necessary to help clinicians better understand the safety and efficacy of cannabis use for specific conditions that often cooccur in the veteran population such as chronic pain and post-traumatic stress.”
Carlos Fuentes, director of national legislative services at VFW, also endorsed that bill. He said that “VFW members tell us medicinal cannabis works, and it is a more suitable option than the drug cocktails VA prescribes” and that “VA must research how medicinal cannabis can help veterans cope with PTSD and other conditions such as chronic pain.”
"The VFW is proud to support the VA Medicinal Cannabis Research Act of 2019 … VA must expand research on the efficacy of non-traditional alternatives to opioids, such as medicinal cannabis and other holistic approaches." #VFWTestimony
— VFW National HQ (@VFWHQ) April 30, 2019
But while VFW supports the “intent of the Veterans Equal Access Act”—Blumenauer’s bill to allow recommendations from VA physicians—Fuentes said the group “cannot offer its support at this time.” At issue is the fact that the VA wouldn’t be able to provide medical marijuana at its pharmacies if a VA doctor issued a recommendation.
The VFW agrees with the intent of the Veterans Equal Access Act, but cannot offer its support at this time. #VFWTestimony
— VFW National HQ (@VFWHQ) April 30, 2019
“The VFW agrees that veterans relying on the VA health care system must have access to medicinal cannabis if such therapies are proven to be effective in assisting and treating certain health conditions,” he said. “Without such evidence, VA would not have the ability to prescribe or provide medicinal cannabis to veterans. It is unacceptable for VA providers to recommend a treatment that is unavailable to veterans at their VA medical facilities.”
Vets who participate in such programs must not fear VA will take away benefits they earned & deserve. However, we cannot support requiring VA providers to recommend participation in state-approved marijuana programs if VA is unable to provide such recommended course of treatment
— VFW National HQ (@VFWHQ) April 30, 2019
IAVA voiced support for both the Veterans Equal Access Act and the Veterans Cannabis Use for Safe Healing Act.
@StephMuls before @VetAffairsDems @HouseVetAffairs Health Subcommittee: Says 90% of @IAVA Members support research into medicinal cannabis research, calls on Congress to pass the VA Medicinal Cannabis Research Act (HR 712).
— Tom Porter (@TomPorterDC) April 30, 2019
Addressing the second panel, Franklin, the committee chairwoman, spoke strongly about the “frustration” created by VA’s ongoing resistance to policies that veterans support.
“We’ve got a couple of bills before us, which I think are good bills. And the VA doesn’t support those bills,” she said. “We have [veteran services organizations] speaking in favor of these bills. This seems to be an issue that has been going on now for a while—this schism between what the VA believes and what the VSOs want.”
“This is a big frustration for me because I think it’s overwhelmingly clear amongst the American people and amongst our veterans across the country that this is an issue that they are keenly interested in and want to have access to,” she said. “I guess my question is, how are we going to reconcile this?”
Larry Mole, the VA’s chief consultant on population health, pinned the blame on the Justice Department. He said that the committee “could make strong proposals” in support of reforming VA cannabis policy, but that “at the end, we will need to go back to DEA and the Department of Justice for their opinion.”
“I’ve not seen anything myself that suggests their opinion will change,” Mole said.
Be that as it may, the Republican ranking member of the subcommittee did propose one possible solution: rescheduling marijuana under the Controlled Substance Act.
“We’re not I think in a position here to protect the VA physicians who want to disperse or prescribe cannabis unless we change that law,” Rep. Neal Dunn (R-FL) said. “So we might be looking at the wrong leverage point when we address these laws without addressing the scheduling of the drug.”
“I could not agree with you more that we ought to be doing research on this,” he said. “I think we ought to change the schedule to Schedule II. It seems like every committee I go in we have another discussion about cannabis.”
Brownley concluded the hearing by saying that she believes there is a “nexus” between cannabis reform and suicide prevention among veterans.
“I think we just have to really be committed to the cannabis issue and to the suicide issue, but where this nexus is.”
Marijuana reform advocates celebrated the hearing and urged lawmakers to move the bills forward. Tuesday’s hearing was the second in the 116th Congress to address cannabis legislation after a separate committee debated a marijuana banking bill in February before voting to approve it last month.
“As the largest healthcare provider in the country, the VA must adopt its polices to appropriately serve the needs veteran community, especially when it comes to providing access to medical cannabis,” David Mangone, director of government affairs at Americans for Safe Access, told Marijuana Moment. “After returning from war, America’s heroes are faced with another battle at home against pills and suicide, and the trio of medical cannabis bills would give them the tools they need to help win this battle by providing less dangerous, non-addictive methods for symptom management.”
Don Murphy, director of federal policies for the Marijuana Policy Project (MPP), noted that in “more than 30 states, members of Congress and their staff can use their federally subsidized health insurance to discuss the benefits of medical cannabis with their doctors.”
“Shamefully our veterans do not have this same right. MPP appreciates the effort of today’s bill sponsors to end this hero double-standard,” he said.
Doug Distaso, executive director of the Veterans Cannabis Project, said in a statement that “President Trump and Congress could literally save veterans’ lives by enacting these bills into law.”
“With opioid overdoses and a suicide crisis hitting our veterans, they deserve legal access to medical cannabis through their VA doctors as a safer alternative to the highly addictive and often deadly opioids and other pills the VA readily gives them,” he said. “These bills would provide the kind of research, legal access through VA doctors, and protection of earned benefits that veterans overwhelmingly want and deserve.”
Kentucky GOP Congressman Touts ‘High Hemp IQ’ Of His Constituents
Rep. James Comer (R-KY) says that he proved his political advisors wrong when he decided to champion hemp legalization.
When he served as Kentucky’s Agriculture Commissioner before joining Congress and first contemplated “making hemp a reality,” he was told that people would conflate the crop with marijuana and he’d face a backlash, Comer said during an interview that aired this week.
“They said the people of Kentucky will never know the difference. They’ll think you’re talking about marijuana and you’re done,” he said during the Kentucky Educational Television appearance. “You can’t be a Republican and do this.”
“But people in Kentucky are smarter than some people give us credit for, and the people in Kentucky knew the history of hemp,” he said, noting that his own grandparents cultivated the crop.
“We have a high hemp IQ in Kentucky, and people across America are now learning the difference between hemp and marijuana.”
One of the areas that Comer said he hopes to see expanded is the use of hemp fibers to create products such as furniture and car parts. He mentioned one example of a Kentucky company that’s creating hardwood flooring out of hemp, and House Agriculture Committee Chair Collin Peterson (D-MN) is going to tour that facility with him soon.
Shortly before becoming the panel’s chair, Peterson said he was considering growing hemp on his own farm.
Most of the existing hemp facilities in Kentucky are producing CBD oil, which Comer said he also takes to treat minor pain.
While hemp and its derivatives were federally legalized under the 2018 Farm Bill, businesses are still awaiting guidelines from the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). And that regulatory uncertainty has led some financial institutions to deny credit lines to hemp companies.
To that end, Comer said he and Senate Majority Leader Mitch McConnell (R-KY) are working closely to resolve the problem. That includes pushing for the Secure And Fair Enforcement (SAFE) Banking Act, which would protect banks that service state-legal cannabis businesses from being penalized by federal financial regulators.
“We teamed up with the marijuana people in the states,” Comer said.
Watch Comer’s hemp comments, starting around 5:30 into the video below:
“They’ve legalized marijuana. They’re selling marijuana. They’re not allowed to deposit the cash. They’re not allowed to take credit card transactions at those marijuana stores,” he said. “We have worked with them to try to create a system where you can have financial transparency, and that bill is making its way through Congress now.”
The SAFE Banking Act was approved by the House Financial Services Committee in March. And on Tuesday, the Senate Banking Committee took advocates by surprise after it announced that it would hold a hearing on marijuana banking issues next week, with just days left before the August recess.
Separately, the Senate Agriculture Committee will meet to discuss hemp production two days later.
McConnell has been an especially vocal advocate for hemp and CBD. For example, he led the head of USDA on a tour of a Kentucky hemp facility that produces CBD oil earlier this month.
Comer also claimed in the new interview that large pharmaceutical companies feel threatened by hemp-derived CBD as more consumers gravitate toward it as a “natural supplement” that could be a substitute for prescription painkillers.
“Now what you are having up here in Washington as we speak, the big drug companies are like, ‘Wow, people are buying this CBD oil and not buying our drug,'” the congressman said. “So they’re demanding that the FDA regulate it.”
He and McConnell are working to “keep the FDA off the backs of people,” Comer said.
While former FDA Commissioner Scott Gottlieb stressed that creating a regulatory pathway that allows for the lawful marketing of CBD as a food item or dietary supplement would take years without congressional action, the agency recently said that it is speeding up the rulemaking process and will issue a progress report by early fall.
USDA similarly recognized the intense interest from lawmakers and stakeholders in developing regulations for the crop, and it plans to issue an interim final rule for the crop in August.
Photo courtesy of KET.
Psychedelics Decriminalization Moves Forward In Cities Around The U.S.
Activists in Berkeley, California and Port Townsend, Washington took steps this week to get psilocybin mushrooms and other psychedelics decriminalized, following in the footsteps of successful similar efforts in Denver and Oakland.
In Berkeley, a decriminalization resolution advanced in a City Council committee on Wednesday, and organizers in Port Townsend spoke about their proposal at a county public health board meeting on Thursday, with plans to formally present it to the City and County Council.
The Berkeley measure would prohibit city departments and law enforcement from using any funds to enforce laws against possession, propagation and consumption of psychedelics by individuals 21 or older. Members of the City Council Public Safety committee unanimously voted to send the resolution to the body’s Public Health Committee for further consideration.
If that panel approves the measure, the full Council will schedule a hearing and vote on final passage. Decriminalize Nature, the group behind this resolution as well as the successful passage of neighboring Oakland’s psychedelics decriminalization effort last month, said they hope the Council will act on the measure by early November.
Separately, activists in Port Townsend announced that they delivered a speech about their psychedelics decriminalization proposal during a meeting of the Jefferson County Board of Health.
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Today we gave our speech to the Port Townsend County Board of Public Health! We are overwhelmed by the support of our community. Our group of supporters filled up half the audience. We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council. Much gratitude 🙏 free the plants 🌱✨💖 #freetheplants #plantmedicine #mushrooms #ayahuasca #peyote #heal #pnw #porttownsend #endwarondrugs
Beyond prohibiting the use of government funds to criminalize adults for using and possessing the substances, the local Washington resolution also calls on the city administrator to “instruct the City’s state and federal lobbyists to work in support of decriminalizing all Entheogenic Plants and plant-based compounds that are listed on the Federal Controlled Substances Schedule 1.”
“We are overwhelmed by the support of our community. Our group of supporters filled up half the audience,” the Port Townsend Psychedelic Society said in an Instagram post. “We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council.”
Alex Williams, who is leading the decriminalization effort in Berkeley, told Marijuana Moment that Wednesday’s Council committee meeting there “went better than I had anticipated” and that he feels “there is an excellent chance of the resolution passing.”
Watch the Berkeley Public Safety Committee discuss psychedelics, starting at about 42:00:
While Williams said two members of the committee seemed to be under the impression that the resolution is singularly geared toward recreational use and meant to “capitalize on a new market,” Decriminalize Nature plans to address those misconceptions, emphasizing that the measure would not provide for commercial manufacturing or sales and that “this process is very important to allowing safe, equitable access to marginalized communities.”
“It is essential that entheogenic substances be treats as sacred spiritual practices and healers,” he added.
The resolution defines entheogenic substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Two Councilmembers, Rigel Robinson and Cheryl Davila, are sponsoring the measure.
“You can imagine a day where, years from now, doctors working with patients with serious depression or veterans dealing with PTSD could actually offer them a more realistic and comprehensive suite of potential treatments, which may include some of these plants as the research over the last several decades has indicated,” Robinson said at the meeting.
While Berkeley might seem like an obvious target for psychedelics reform given the city’s decades-long close association with counterculture, the movement to remove criminal penalties is gaining steam nationally. Decriminalize Nature is maintaining a map of jurisdictions throughout the country where activists have expressed interest in pursuing a similar model.
Time to update the outreach board! Close to 100 locations have reached out now, some already speaking with their City Councilmembers. Great job everyone! #DecriminalizeNature #yourcity #DNUSA pic.twitter.com/D7lbCpdi3c
— Decriminalize Nature (@DecrimNature) July 16, 2019
Also this week, a resident spoke at a Columbia, Missouri City Council meeting, asking the body to consider a resolution to decriminalize psychedelics. At least one councilmember expressed interest in following through, and he called the therapeutic potential of the natural substances “very promising.”
Individuals from nearly 100 cities have reached out to the organization for assistance advancing their own decriminalization efforts.
Voters in Denver kicked things off by approving the nation’s first-ever ballot measure to decriminalize psilocybin mushrooms in May.
Activists are currently pursuing efforts to place psilocybin-focused measures on statewide ballots in California and Oregon for next year.
Photo courtesy of Wikimedia/Mushroom Observer.
Top Democratic Party Leader Flops With Attempted Joke About Trump Smoking Hemp
The chairman of the Democratic National Committee (DNC) apparently thinks that hemp gets you high—and that getting high makes you dumb.
In an attempted dig at President Donald Trump, who said last week that farmers struggling amid a trade war were “over the hump,” DNC Chair Tom Perez said he thought the president “was smoking some hemp when he said they were over the hump.”
“If you smoke some hemp, I guess that would stimulate certain farm economies here,” he added during his remarks at a press conference in Wisconsin.
Watch Perez’s hemp comment at about 6:45 into the video below:
Because hemp contains only trace amounts of THC, the main psychoactive ingredient in marijuana, it wouldn’t get you high, as Perez implied. But legalization advocates say it’s especially problematic that a party leader is treating marijuana as a laughing matter in the first place.
“I would need to be smoking something a hell of a lot stronger than hemp to find Tom Perez’s weak attempt at a marijuana joke funny,” Erik Altieri, executive director of NORML, told Marijuana Moment.
“At a time when over 600,000 overwhelmingly black and brown Americans are still being arrested every year for simple possession, our failed and racist prohibition is no laughing matter,” he said. “While we have made great progress in winning elected officials nationwide to our cause, Perez illustrated that we have a lot of work left to do when it comes educating them about the issue and still a bit of a road to go down before we can stop dealing with dad jokes and bad weed puns.”
Don Murphy, director of federal policies for the Marijuana Policy Project, echoed that point.
“We need more leadership and action at the federal level, not more stupid jokes, puns and inaccurate comments about hemp’s ability to get you high,” he told Marijuana Moment. “Luckily that is something that many of his party’s presidential candidates understand,” he said. “Sadly, Mr. Perez does not.”
Perez’s position on cannabis policy isn’t quite clear, as he’s remained largely silent on the issue. In contrast, many 2020 Democratic presidential candidates are campaigning on broad marijuana reform proposals.
The DNC chair made his attempted hemp quip during a press availability in Milwaukee, where he is meeting donors and coordinating preparation for next year’s Democratic National Convention.
Photo courtesy of Flickr/Gage Skidmore.