First Time Senate Has Voted on Marijuana Law Reform
Amendment Would Allow VA Doctors to Recommend Medical Marijuana to Their Patients in States Where It’s Legal
The Senate Appropriations Committee passed a bipartisan amendment today, 18 to 12, allowing Veterans Administration (VA) doctors to recommend medical marijuana to their patients in states where medical marijuana is legal. The vote is the first time the U.S. Senate has ever moved marijuana law reform legislation forward.
“Veterans in medical marijuana states should be treated the same as any other resident, and should be able to discuss marijuana with their doctor and use it if it’s medically necessary,” said Michael Collins, policy manager for the Drug Policy Alliance. “They have served this country valiantly, so the least we can do is allow them to have full and open discussions with their doctors.”
The Veterans Equal Access Amendment was sponsored by Republican Senator Steve Daines of Montana and Democratic Senator Jeff Merkley of Oregon. It was added in committee to a must-pass military construction and veterans affairs spending bill. The bill is certain to pass on the Senate floor.
“Veterans see this victory as a major step forward in restoring our first amendment rights within the VA,” said TJ Thompson, a disabled Navy veteran. “This will allow for a safe, open dialogue between providers and patients, and allows veterans to be treated the same as any other patient.”
Currently, the Department of Veterans Affairs (VA) specifically prohibits its medical providers from completing forms brought by their patients seeking recommendations or opinions regarding participation in a state medical marijuana program. The Daines / Merkley amendment authorizes VA physicians and other health care providers to provide recommendations and opinions regarding the use of medical marijuana to veterans who live in medical marijuana states.
In 2002, the Ninth Circuit Court of Appeals affirmed in Conant v. Walters the right of physicians to recommend medical marijuana, regardless of its illegality under federal law, as well as the right of patients to receive accurate information. The Daines / Merkley amendment supports that first amendment right and restores a healthy doctor-patient relationship.
There are numerous federal healthcare programs besides the VA such as Medicaid, Medicare, and CHIP – but only the VA prohibits physicians from discussing and recommending medical marijuana to their patients. A Medicare patient may freely discuss medical marijuana use with her doctor, while a returning veteran is denied the same right.
Studies have shown that medical marijuana can help treat post-traumatic stress and traumatic brain injury, illnesses typically suffered by veterans. A 2014 study of people with PTSD showed a greater than 75% reduction in severity of symptoms when patients were using marijuana to treat their illness, compared to when they were not.
Last year the U.S. House voted five times in favor of letting states set their own marijuana policies. One of the amendments, prohibiting the Justice Department from spending any money in Fiscal Year 2015 undermining state medical marijuana laws, made it into the final spending bill signed into law by President Obama. Advocates of the veterans amendment believe it has a very good chance of making it into the final military construction spending bill that President Obama signs.
A legislative version of the Daines / Merkley amendment was included in groundbreaking Senate medical marijuana legislation introduced in March. The Compassionate Access, Research Expansion and Respect States (CARERS) Act is the first-ever bill in the U.S. Senate to legalize marijuana for medical use and the most comprehensive medical marijuana bill ever introduced in Congress. The bill was introduced by Senators Cory Booker (D-NJ), Rand Paul (R-KY), and Kirsten Gillibrand (D-NY) and generated enormous interest.
With the Appropriations Committee approving one element in the bill, supporters say it is time for the Senate Judiciary Committee to hold hearings on the full bill.
“The politics around marijuana have shifted in recent years, yet Judiciary Chairman Chuck Grassley hasn’t held a hearing on the issue,” said Bill Piper, director of national affairs for the Drug Policy Alliance. “We will move the CARERS Act piece by piece if we have to but now is the time for the Senate to hold a hearing on the bill as a whole.”