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.”
Congressman Files New Marijuana Banking Reform Amendment To Large-Scale House Bill
The House sponsor of a bill to protect banks that work with state-legal marijuana businesses announced on Friday that he is seeking to attach an amendment containing the reform to a broader bill dealing with research and innovation in the tech and manufacturing sectors.
Rep. Ed Perlmutter (D-CO), sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, has expressed interest in finding another vehicle to pursue his proposal after it was stripped from a separate defense bill late last year. The congressman’s legislation has cleared the House in five forms at this point, only to stall in the Senate.
His latest attempt to get the reform enacted is by filing an amendment with the SAFE Banking language to the America COMPETES Act, which does not deal specifically with cannabis issues as drafted but was introduced in the House this week.
“Cannabis-related businesses—big and small—and their employees are in desperate need of access to the banking system and access to capital in order to operate in an efficient, safe manner and compete in the growing global cannabis marketplace,” Perlmutter, who is retiring from Congress after this session and committed to passing his bill first, said in a press release.
I have filed #SAFEBanking as an amendment to #AmericaCOMPETES b/c cannabis-related businesses – big and small – are in desperate need of access to capital & the banking system in order to operate in an efficient, safe manner & compete in the growing global cannabis marketplace.
— Rep. Ed Perlmutter (@RepPerlmutter) January 28, 2022
“The SAFE Banking Act is the best opportunity to enact some type of federal cannabis reform this year and will serve as the first of many steps to help ensure cannabis businesses are treated the same as any other legal, legitimate business,” he said. “I will continue to pursue every possible avenue to get SAFE Banking over the finish line and signed into law.”
It remains to be seen whether the America COMPETES Act will serve as a more effective vehicle for the cannabis banking bill than the National Defense Authorization Act (NDAA), where the language was successfully attached on the House side but later removed amid bicameral negotiations. Perlmutter said at the time that Senate leadership, which is working on comprehensive legalization legislation, was to blame for the decision to remove his amendment from the proposal.
The new SAFE Banking Act amendment will still need to be made in order by the House Rules Committee in order to be formally be considered on the House floor when the body takes up the research and innovation package. The deadline to file amendments was Friday, and the panel is set to take them up starting on Tuesday.
Even some Republicans are scratching their heads about how Democrats have so far failed to pass the modest banking reform with majorities in both chambers and control of the White House. For example, Rep. Rand Paul (R-KY) criticized his Democratic colleagues over the issue last month.
In the interim, federal financial regulator Rodney Hood—a board member and former chairman of the federal National Credit Union Administration (NCUA)—recently said that marijuana legalization is not a question of “if” but “when,” and he’s again offering advice on how to navigate the federal-state conflict that has left many banks reluctant to work with cannabis businesses.
Ohio Lawmakers Will Be Forced To Consider Marijuana Legalization As State Validates Activist Signatures
Ohio activists have collected enough signatures to force the legislature to take up the issue of marijuana legalization, the secretary of state’s office confirmed on Friday.
This comes about two weeks after the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) submitted a final round of signatures for the measure. The petitions’ formal validation triggers the legislative review of legalization, but it does not require lawmakers to enact the reform.
The legislature now has four months to consider the campaign’s cannabis reform proposal. Lawmakers can adopt the measure, reject it or pass an amended version. If they do not pass the measure, organizers can then collect an additional 132,887 valid signatures from registered voters to place the issue on the ballot in November.
CTRMLA previously submitted petitions for the initiative but the state said they were short some 13,000 signatures, requiring activists to go back and make up the difference.
“We are ready and eager to work with Ohio legislators over the next four months to legalize the adult use of marijuana in Ohio,” CTRMLA spokesman Tom Haren said in a press release. “We are also fully prepared to collect additional signatures and take this issue directly to voters on November 8, 2022, if legislators fail to act.”
The measure that lawmakers will be required to consider would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).
A Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”
The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of enactment.
The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.
Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.
Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”
With respect to social equity, some advocate are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.
Ohio voters rejected a 2015 legalization initiative that faced criticism from many reform advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to put the measure on the ballot.
Activists suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic.
Aside from the new voter initiative, state lawmakers from both parties are separately working to advance marijuana reform.
A legalization bill that was the first of its kind to be introduced in the Ohio legislature last year would legalize the possession, sale and cultivation of cannabis by adults. It’s being championed by Reps. Casey Weinstein (D) and Terrence Upchurch (D).
A pair of Ohio Republican lawmakers similarly filed a bill to legalize marijuana in the state in December. Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October and circulated a co-sponsorship memo to build support for the measure.
There are also additional local reform efforts underway in Ohio for 2022.
After voters in seven cities approved ballot measures to decriminalize marijuana possession during last November’s election—which builds on a slew of previous local reforms in the state—campaigns are now looking to enact decriminalization in Marietta, Rushville, Rutland, Shawnee, McArthur and Laurelville.
Ohio marijuana activists already successfully proved that they turned in enough valid signatures to put a local decriminalization initiative before Kent voters after having missed the 2021 ballot due to a verification error on the part of county officials. That measure is now expected to go before voters this November.
Top Federal Drug Official Says Marijuana Use ‘Stable’ Among Youth At Prohibitionist-Hosted Panel Sponsored By D.A.R.E.
A top federal drug official participated in a panel hosted by a prohibitionist group and sponsored by D.A.R.E.—and she again reiterated that data shows youth marijuana use has remained stable “despite the legalization in many states.”
While National Institute on Drug Abuse (NIDA) Director Nora Volkow expressed concerns about certain cannabis trends related to potency, commercialization and use by pregnant women, she affirmed that surveys funded by her own federal agency have demonstrated that adolescent marijuana use is “stable,” despite repeated arguments from prohibitionists that legalization would lead more young people to experiment with cannabis.
The event was hosted by Smart Approaches to Marijuana (SAM), an anti-legalization group. SAM President Kevin Sabet and the organization’s co-founder former Rep. Patrick Kennedy (D-RI) led the discussion.
“The higher the content of THC, the greater the likelihood that you will become addicted to the drug… The content of THC has gone up at least 4-fold.”
– Dr. Nora Volkow, M.D., Director of the National Institute on Drug Abuse (NIDA)
— SAM (@learnaboutsam) January 28, 2022
Sabet said that data on youth use has showed varying results in states that have legalized cannabis and asked Volkow to weigh in on the issue. She replied that federal data “have not been able to see large differences in terms of prevalence” of cannabis consumption among young people in legal and non-legal states.
The official made similar comments in an interview with Marijuana Moment late last year.
That said, Volkow said that they have seen some differences when it comes to consumption rates among adolescents for edible cannabis products.
“But the effects are not large, and one of the things that also certainly surprised me [is] the rate overall, the prevalence rates of marijuana use among teenagers, have been stable despite the legalization in many states,” she said, adding that there are some concerns about increased frequency of use and limitations in data collection with respect to dosages being taken.
Volkow also commented on a recent federally funded survey that found illicit drug use by young people has taken a significant plunge in the last year, though she largely attributed that to the reduced social interaction resulting from COVID-19 policies across the country.
“Interestingly what we’ve observed during the COVID pandemic is, across schools in the United States, the prevalence of drug use has gone down,” she said, “which likely very much reflects the fact that kids don’t have the opportunity to interact with others, and drug taking at that stage is a peer pressure behavior.”
The official also briefly addressed the fact that she feels criminalizing people over drugs in the first place is the wrong policy approach—a point she’s made repeatedly in interviews and blog posts.
She said that “criminalization has created a system for that allows a structural racism to be implemented, you can control people, and that’s a horrible policy. This criminalization actually opens up our eyes that well, yes, we need to change that.”
However, she said that “liberalizing and making the drugs widely available, with no counter messaging,” is not the alternative she would recommend.
“We need to provide them [addicts] with treatment, so just to say ok we are going to liberalize everything… and not support treatment for those people under those conditions, I actually think it is quite irresponsible.”
– Dr. Nora Volkow, M.D., Director of NIDA
— SAM (@learnaboutsam) January 28, 2022
While the SAM-hosted event did not touch specifically on psychedelics policy, Volkow has also recently discussed that issues, especially as data has shown an increase in use of the substances among adults.
She said people are going to keep using substances such as psilocybin—especially as the reform movement expands and there’s increased attention being drawn to the potential therapeutic benefits—and so researchers and regulators will need to keep up.
Volkow also mentioned that NIDA is “pleased” the Drug Enforcement Administration recently announced plans to significantly increase the quota of certain psychedelic drugs to be produced for use in research.
Photo courtesy of Philip Steffan.