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VA Admits It “Can Look At Marijuana As An Option For Treating Veterans”



Despite repeated claims to the contrary, the U.S. Department of Veterans Affairs (VA) is now admitting that it “can look at marijuana as an option for treating Veterans.”

The stance, which comes in the form of new content uploaded to a VA webpage last week, contrasts with a letter that Veterans Affairs Sec. David Shulkin sent to members of Congress in December, less than two months ago.

“Federal law restricts VA’s ability to conduct research involving medical marijuana, or to refer veterans to such projects,” he claimed at the time.

There have been no changes to federal cannabis laws in the interim.

The VA Office of Research & Development’s webpage on Post-Traumatic Stress Disorder (PTSD) now says that earlier research on medical cannabis “found limited evidence that marijuana use might alleviate neuropathic pain in some patients, and that it might reduce spasticity associated with multiple sclerosis, but found insufficient evidence to assess the effects of marijuana on PTSD.”

“VA is not currently able to prescribe medical marijuana to Veterans,” it continues, “but can look at marijuana as an option for treating Veterans.”

A cached previous version of the same page doesn’t mention marijuana at all.

The update to the webpage comes as Shulkin and the department are under increasing pressure on medical cannabis and completely unrelated issues.

A group of members of Congress are pushing the VA to allow its physicians to recommend medical cannabis, or at least to refer veterans to studies on the drug’s potential.

And a VA inspector general’s report released last week found that Shulkin made “serious derelictions” that resulted in improper use of taxpayer money to cover portions of an overseas trip he and his wife took to Denmark and the UK last year.

The report, which included portions of Shulkin’s travel agenda, happened to reveal that on July 19 he met with British officials to discuss medical cannabis as part of the trip.

Under an internal VA administrative directive, the department’s policy is that its “providers are prohibited from recommending, making referrals to or completing paperwork for Veteran participation in State marijuana programs.”

Shulkin has repeatedly tried to pass the buck to Congress when asked about the issue.

During a White House briefing last year, for example, he said that state medical cannabis laws may be providing “some evidence that this is beginning to be helpful, and we’re interested in looking at that and learning from that.” But he added that “until time the federal law changes, we are not able to be able to prescribe medical marijuana for conditions that may be helpful.”

The distinction between recommendation and prescription is an important one. No physician in the U.S. — government or private — can prescribe marijuana, because prescription is a federally-regulated process and cannabis currently falls under the Controlled Substances Act’s restrictive Schedule I, a category that is supposed to be reserved for drugs with a high potential for abuse and no medical value.

That’s why the 29 states with medical cannabis access allow doctors to simply recommend the drug, circumventing the prescription process.

Shulkin has the unilateral authority to rescind the internal ban and clear the way for VA doctors to recommend medical cannabis to veterans in states where it is legal, but he has repeatedly claimed that federal law — without citing a particular statute — blocks him from doing so.

The secretary’s unwillingness to move on marijuana goes beyond just letting doctors who work for him recommend it. He has also thus far refused to help lift institutional roadblocks preventing the department from participating in scientific research on cannabis’s uses.

In an interview last year, he said that it is “not within our legal scope to study that in formal research programs.”

That position has led to recruitment issues for researchers conducting trials. For example, one such study on marijuana’s effects on PTSD has been prevented from reaching veterans at the Phoenix, Arizona VA hospital.

“This study needs 50 more participants and the Phoenix V.A. is in the best possible position to assist by simply allowing principle investigators to brief [VA] medical staff on the progress of the study, and by allowing clinicians to reveal the existence of the study to potential participants,” the American Legion, which represents more than 2.4 million military veterans, wrote to Shulkin in September. “Your immediate attention in this important matter is greatly appreciated. We ask for your direct involvement to ensure this critical research is fully enabled.”

And John Hudak, a researcher with the Brookings Institution said that despite Shulkin’s claims, “doctors and researchers at the VA or in VA hospitals could conduct research into the medical efficacy of marijuana while remaining completely compliant with federal laws, regulations, and the United States’ obligations under international agreements.”

In December, VA issued an updated policy offers physicians greater encouragement to discuss cannabis with their patients.

The new directive urges government doctors to “discuss with the Veteran marijuana use, due to its clinical relevance to patient care, and discuss marijuana use with any Veterans requesting information about marijuana.”

But it maintains the longstanding departmental ban on physician recommendations.

V.A. Issues New Medical Marijuana Policy For Military Veterans

The new website language, however, and the revelation that Shulkin discussed the issue on his overseas trip, shows that VA’s opposition to cannabis is not necessarily set in stone, at least when it comes to research, though the implications aren’t immediately clear.

“No other arguments have worked in the past so this may be a breakthrough,” Sue Sisley, the researcher running the Arizona PTSD trial, told Marijuana Moment in an interview, referring to the webpage update. “VA can definitely be more helpful if they wanted to. There is nothing blocking them.”

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GOP & Dems Team Up To Shield State Marijuana Laws From Jeff Sessions



The Justice Department should be blocked from enforcing federal marijuana prohibition in states that have enacted legalization, a bipartisan group of 59 lawmakers wrote in a new letter.

“We are concerned about the Department of Justice enforcing federal marijuana law in a way that blocks implementation of marijuana reform laws in those states that have passed such reforms,” the lawmakers, led by Reps. Tom McClintock (R-CA) and Jared Polis (D-CO), wrote to top decisionmakers on the House Appropriations Committee on Friday. “The issue at hand is whether the federal government’s marijuana policy violates the principles of federalism and the Tenth Amendment. Consistent with those principles, we believe that states ought to retain jurisdiction over most criminal justice matters within their borders. This is how the Founders intended our system to function.”

The legislators want congressional leaders to insert a new provision into a funding bill covering the Justice Department’s 2019 budget that would prevent federal prosecutors, the Drug Enforcement Administration and other agencies from spending money to go after people who are in compliance with state marijuana laws.

The language the lawmakers want included in the funding bill reads:

“None of the funds made available in this Act to the Department of Justice may be used to prevent any of the several states from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana on non-Federal lands within their respective jurisdictions.”

Separately on Friday, a group of 62 House Republican and Democrats sent a letter requesting the extension of existing, more limited appropriations protections that shield state medical cannabis laws from Justice Department intervention.

The medical marijuana provision has been part of federal since 2014, and has been extended with bipartisan House and Senate votes several times.

The broader protections to shield all state marijuana laws, including those that allow recreational use, from federal interference came just nine flipped votes short of passage in 2015. The number of states with legalization has more than doubled since then, and lawmakers from places with new laws would be more likely to support it if another vote were held, but House leaders have since blocked floor consideration of cannabis-related measures.

“As I have promised my fellow Coloradans, I will continue to advocate for this simple amendment to be added to the federal budget – shielding Colorado from the Trump administration’s attacks on states that have legalized marijuana,” Polis said in a press release about the new letter. “It would be a temporary, but urgent and necessary fix, as I continue to push for passage of my Regulate Marijuana Like Alcohol Act, which would finally lift the federal prohibition on marijuana.”

In the letter, the lawmakers argue that letting states enact their own cannabis laws is in keeping with constitutional principles laid out by the Founders of the nation.

“Experiences of states that have legalized marijuana, as compared to the experiences of states that have not, constitute the very ‘laboratories’ of social and economic experiments that were described by Chief Justice Louis Brandeis when he wrote about the beauty of the Tenth Amendment,” they said. “Our constitutional framework has afforded the whole nation the chance to allow states to differ on many matters of public policy, including marijuana.”

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Stop Jeff Sessions From Busting Medical Marijuana, Bipartisan Lawmakers Demand



A bipartisan group of 62 members of Congress is asking House leaders to protect state medical marijuana policies and the patients and businesses that rely on them from federal enforcement agents and prosecutors.

“We respectfully request that you include language barring the Department of Justice from prosecuting those who comply with their state’s medical marijuana laws,” the lawmakers, led by Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR), wrote in a letter sent to the top Republican and Democrat on the House Appropriations Committee on Friday. “We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

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Medical Marijuana Ban A “Disgrace,” Congresswoman Tells Trump Veterans Chief



A congresswoman took a top Trump administration official to task over a policy that blocks military veterans from getting medical marijuana recommendations through the doctors that know them best, calling the federal government’s stance “a shame and disgrace.”

The U.S. Department of Veterans Affairs currently prohibits its physicians from filling out medical cannabis recommendations for veterans, even in states where it is legal.

“Coming from California, of course, you know we have a variety of dispensaries which make marijuana available to patients and veterans who use it for PTSD and chronic pain, and it works,” Congresswoman Barbara Lee (D-CA) told VA Sec. David Shulkin on Thursday.

“So what’s the problem?” she asked. “What’s the federal statute that blocks the VA from doing this, and not letting physicians simply recommend cannabis to veterans who need it? And it’s proven that it works.”

In a series of public remarks over the course of the past year, Shulkin has repeatedly claimed that overarching federal law blocks VA from recommending or even participating in research on medical marijuana.

But advocates have pointed out that there is no federal statute blocking the VA from changing its own internal policies on medical cannabis recommendations.

During the exchange, Shulkin seemed to be unaware of the distinction between prescribing medical marijuana, which no doctor can do due to its Schedule I status, and simply recommending it, which is how patients get access in the 29 states that allow its legal use.

“Filling out a questionnaire, isn’t that the step towards prescribing?” the secretary asked during the exchange with Lee, which took place at a hearing of the U.S. House Appropriations Subcommittee on Military Construction, Veterans Affairs and Related Agencies. “My understanding is federal law would not allow the physician to write the prescription, so I have to understand what the questionnaire would be in order to make a recommendation but not write a prescription.”

“Could we show you that questionnaire, Mr. Secretary?” Lee asked. “Because veterans need this, it works, and it’s a shame and disgrace that the VA is preventing this type of treatment that works.”

“Absolutely,” Shulkin replied. “I’d be glad to review that.”

Marijuana Moment supporters on Patreon can view video of the exchange below:

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Shulkin has the unilateral authority to rescind the internal ban and clear the way for VA doctors to recommend medical cannabis to veterans in states where it is legal, but he has repeatedly claimed that federal law — without citing a particular statute — blocks him from doing so.

In recent weeks, a number of prominent veterans advocacy organizations like the American Legion and Iraq and Afghanistan Veterans of America have stepped up the push for access to medical cannabis.

Veterans Groups Battle Medical Marijuana Ban On Capitol Hill

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