Department of Veterans Affairs Policy for Medicinal Cannabis Use Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2675 To provide for a Department of Veterans Affairs policy on medicinal cannabis, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2019 Mr. MOULTON (for himself, Mr. GAETZ, Mr. SOTO, Mr. JOHNSON of Georgia, and Mr. CRIST) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide for a Department of Veterans Affairs policy on medicinal cannabis, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Department of Vet- 4 erans Affairs Policy for Medicinal Cannabis Use Act of 5 2019’’. 6 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS POLICY ON 7 MEDICINAL CANNABIS. 8 (a) POLICY.—The policy of the Department of Vet- 9 erans Affairs on medicinal cannabis is as follows: 10 VerDate Sep 11 2014 19:02 May 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2675.IH H2675 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2675 IH (1) Veterans are encouraged to discuss their 1 medicinal cannabis use with their health care pro- 2 viders without fear of negative repercussions. 3 (2) Veterans shall not be denied any benefit 4 under the laws administered by the Secretary of Vet- 5 erans Affairs by reason of cannabis use. 6 (3) The participation of a veteran in a State- 7 legal marijuana program shall not affect the vet- 8 eran’s eligibility for care and services furnished by 9 the Department of Veterans Affairs. 10 (4) The use or possession of cannabis is prohib- 11 ited on all Department property and in all Depart- 12 ment facilities pursuant to Federal law, which ap- 13 plies at such locations and not the laws of the State 14 where the property or facility is located. 15 (5) Department medical providers shall honor 16 the desires of their patients to seek alternative forms 17 of treatment. 18 (6) The Department of Veterans Affairs ac- 19 knowledges medicinal cannabis use may be a legiti- 20 mate alternative treatment and a Department med- 21 ical provider will not recommend a veteran for drug 22 addiction treatment solely by reason of medicinal 23 cannabis use. 24 VerDate Sep 11 2014 19:02 May 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2675.IH H2675 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2675 IH (7) Department medical providers are permitted 1 to discuss cannabis use as part of comprehensive 2 care planning and may adjust treatment plans as 3 necessary. Treatment adjustment should be relevant 4 and a veteran should have the freedom to seek a sec- 5 ond opinion if the veteran feels the change is not 6 fair. 7 (8) Department medical providers will annotate 8 a veteran’s cannabis use in the medical record of the 9 veteran in order to have the information available in 10 treatment planning. As with all clinical information, 11 this is part of the confidential medical record and 12 protected under patient privacy and confidentiality 13 laws and regulations. Department medical providers 14 will not record that a patient has a marijuana addic- 15 tion problem in their medical record if the patient is 16 responsibly using medicinal cannabis. 17 (9) Department clinicians shall follow Federal 18 laws and regulations relating to medicinal cannabis. 19 (10) Department medical providers may not be 20 fired nor have any other adverse personnel action 21 taken against them for discussing cannabis use with 22 their patients. 23 VerDate Sep 11 2014 19:02 May 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2675.IH H2675 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2675 IH (11) Department scientists may conduct re- 1 search on cannabis benefits and risks under regu- 2 latory approval. 3 (12) Department medical providers may not 4 dissuade participation in non-Department medicinal 5 cannabis research. 6 (b) DISSEMINATION OF POLICY.—The Secretary of 7 Veterans Affairs shall disseminate the policy under sub- 8 section (a) widely, including by displaying such policy 9 prominently in all Department of Veterans Affairs hos- 10 pitals and clinics and online. 11 (c) REPEAL IN EVENT OF FEDERAL LEGALIZA- 12 TION.—If the use of medicinal cannabis becomes legal 13 under Federal law, the requirement under subsection 14 (a)(4) shall be repealed. 15 Æ VerDate Sep 11 2014 19:02 May 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2675.IH H2675 pamtmann on DSKBFK8HB2PROD with BILLS