What This Bill Does
This bill prevents the Secretary of Veterans Affairs from taking away veteran benefits just because a veteran uses marijuana in a state where it is legal. The bill also requires VA doctors to discuss marijuana use with veterans who participate in state-approved programs and to record that information in medical records.
Who It Affects
Veterans who participate in state-approved marijuana programs, the Secretary of Veterans Affairs, and physicians and health care providers at the Veterans Health Administration.
Key Provisions
• The Secretary of Veterans Affairs cannot deny any veteran benefits because the veteran participates in a state-approved marijuana program (Sec. 2(a))
• VA doctors and health care providers must discuss marijuana use with enrolled veterans who participate in state-approved programs and adjust medical treatment plans accordingly (Sec. 2(b))
• VA doctors and health care providers must record marijuana use in a veteran's medical records (Sec. 2(b))
• VA doctors and health care providers can give recommendations and opinions to veterans about participating in state-approved marijuana programs (Sec. 2(c))
What Changes
The Secretary of Veterans Affairs will no longer be allowed to deny benefits to veterans solely because they use marijuana in states where it is legal. VA health care providers will be required to discuss marijuana use with eligible veterans and document it in medical records.
Important Definitions
"Marijuana" means the term defined in section 102 of the Controlled Substances Act. "State" has the meaning given in section 101 of title 38, United States Code.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 394
To prohibit the Secretary of Veterans Affairs from denying a veteran benefits
administered by the Secretary by reason of the veteran participating
in a State-approved marijuana program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 17, 2023
Mr. STEUBE introduced the following bill; which was referred to the
Committee on Veterans’ Affairs
A BILL
To prohibit the Secretary of Veterans Affairs from denying
a veteran benefits administered by the Secretary by rea-
son of the veteran participating in a State-approved
marijuana program, 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 ‘‘Veterans Cannabis Use
4
for Safe Healing Act’’.
5
VerDate Sep 11 2014
03:41 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H394.IH
H394
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 394 IH
SEC. 2. VETERAN PARTICIPATION IN STATE-APPROVED
1
MARIJUANA PROGRAMS.
2
(a) PROVISION OF BENEFITS.—Notwithstanding any
3
other provision of law, the Secretary of Veterans Affairs
4
may not deny a veteran any benefit under the laws admin-
5
istered by the Secretary by reason of the veteran partici-
6
pating in a State-approved marijuana program.
7
(b) CONSULTATION.—With respect to a veteran who
8
is enrolled in the system of patient enrollment under sec-
9
tion 1705 of title 38, United States Code, and participates
10
in a State-approved marijuana program, the Secretary
11
shall ensure that physicians and other health care pro-
12
viders of the Veterans Health Administration—
13
(1) discuss marijuana use with the veteran and
14
adjust medical treatment plans accordingly; and
15
(2) record such use in the medical records of
16
the veteran.
17
(c) PROVISION OF INFORMATION.—Notwithstanding
18
any other provision of law, the Secretary shall authorize
19
physicians and other health care providers of the Veterans
20
Health Administration of the Department of Veterans Af-
21
fairs to provide recommendations and opinions to veterans
22
who are residents of States with State-approved marijuana
23
programs regarding the participation of veterans in such
24
programs.
25
(d) DEFINITIONS.—In this section:
26
VerDate Sep 11 2014
03:41 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H394.IH
H394
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 394 IH
(1) The term ‘‘marijuana’’ has the meaning
1
given the term ‘‘marihuana’’ in section 102 of the
2
Controlled Substances Act (21 U.S.C. 802).
3
(2) The term ‘‘State’’ has the meaning given
4
that term in section 101 of title 38, United States
5
Code.
6
Æ
VerDate Sep 11 2014
03:41 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H394.IH
H394
kjohnson on DSK79L0C42PROD with BILLS