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Land of the Free, Because of The Brave

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[dropcap class=”kp-dropcap”]E[/dropcap]ven though 23 of our United States, plus the District of Columbia, have adopted state medical cannabis laws to date, it is still difficult if not illegal for our mentally and physically compromised veterans returning home from war to access medical cannabis for their comfort and aid. Shame on politics, or should I say, shame on politicians.

In 2002, the Ninth Circuit Court of Appeals affirmed in Marcus Conant, et al v. John P. Walters, Director of the White House Office of National Drug Control Policy, et al, No. 00-17222 D.C. No. CV-97-00139-WHA, the right of physicians to recommend medical cannabis to patients regardless of cannabis’ illegality under federal law. These Plaintiffs were brave people who stood up to the federal bureaucracy defending a physician’s right to recommend medical cannabis to his or her patients and not suffer the loss of their DEA license to prescribe controlled substances or an investigation.  Fast forward to 2015. Currently the Department of Veterans Affairs (VA) under VHA Directive 2011-004 prohibits their medical providers from both discussing with patients and recommending medical cannabis to patients, so a veteran could obtain medical cannabis legally from a state provider. The VA is the only federal healthcare program which prohibits physicians from discussing medical cannabis with their patients as a treatment option even in the states where medical cannabis is legal.  .

In November 2015, the U.S. Senate version of a spending bill, Military Construction and Veterans Affairs and Related Agencies (MilCon-VA) Appropriations Act for 2016, contained the Veterans Equal Access Amendment. This amendment, also known as Daines-Merkley Amendment, sponsored by U.S. Senators Steve Daines (R-Montana) and Jeff Merkley (D-Oregon), was passed in the U.S. Senate. The amendment authorizes VA doctors to provide recommendations for patients for the use of medical cannabis to Veterans who live in medical cannabis states. Section 246 of MilCon-VA reads as follows  “Prohibits funds provided by this bill from being used to: Interfere with the ability of veterans to participate in a state-approved medicinal cannabis program, deny services to veterans participating in a program, or interfere with the ability of a VA healthcare provider care to comply with a program.”

It is a long way from over though as the House of Representatives version of the spending bill does not include the Veterans Equal Access Amendment language. Actually the House rejected a similar amendment earlier this year.  Previously though, both houses did pass a federal law banning federal prosecutors and anti-drug agents from interfering with state medical cannabis laws.  So we are crawling towards a just outcome for veterans.

Now is a good time to contact your U.S. Representative: Ken Buck (202) 225-4676; Doug Lamborn (202) 225-4422; Scott Tipton (202) 225-4761; Diana DeGette (202) 225-4431 and Mike Coffman (202) 225-7882, and tell them to give veterans access to medical cannabis treatment through the VA.

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