79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–690 

VA MEDICINAL CANNABIS RESEARCH ACT OF 2018 

MAY 18, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ROE of Tennessee, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 5520) to authorize the Secretary of Veterans Affairs to 

use the authority of the Secretary to conduct and support research 

on the efficacy and safety of medicinal cannabis, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 4 

Subcommittee Consideration .................................................................................. 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Earmarks and Tax and Tariff Benefits .................................................................. 5 

Committee Cost Estimate ....................................................................................... 5 

Congressional Budget Office Estimate ................................................................... 5 

Federal Mandates Statement ................................................................................. 6 

Advisory Committee Statement .............................................................................. 6 

Constitutional Authority Statement ...................................................................... 6 

Applicability to Legislative Branch ........................................................................ 6 

Statement on Duplication of Federal Programs .................................................... 6 

Disclosure of Directed Rulemaking ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill as Reported ...................................... 7 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘VA Medicinal Cannabis Research Act of 2018’’. 

SEC. 2. CONDUCT OF RESEARCH INTO EFFECTS OF CANNABIS ON HEALTH OUTCOMES OF 

CERTAIN VETERANS. 

(a) RESEARCH.—In carrying out the responsibilities of the Secretary of Veterans 

Affairs under section 7303 of title 38, United States Code, the Secretary may conduct and support research relating to the efficacy and safety of forms of cannabis 

described in subsection (c) on the health outcomes of covered veterans diagnosed 

with chronic pain, post-traumatic stress disorder, and other conditions the Secretary 

determines appropriate. The Secretary shall ensure that such research is conducted 

in accordance with applicable regulations relating to the oversight of research, including such regulations prescribed by the Office of Research and Development of 

the Department of Veterans Affairs, the Department of Health and Human Services 

(including through the National Institute on Drug Abuse), the Food and Drug Administration, the Drug Enforcement Administration, and the National Institutes of 

Health. 

(b) DATA PRESERVATION.—Research conducted pursuant to subsection (a) shall include a mechanism to ensure the preservation of all data, including all data sets, 

collected or used for purposes of the research required by subsection (a) in a manner 

that will facilitate further research. 

(c) FORMS OF CANNABIS TO BE RESEARCHED.—The forms of cannabis described in 

this subsection are— 

(1) varying forms of cannabis, including— 

(A) full plants and extracts; 

(B) at least three different strains of cannabis with significant variants 

in phenotypic traits and various ratios of tetrahydrocannabinol and 

cannabidiol in chemical composition; and 

(C) other chemical analogs of tetrahydrocannabinol; and 

(2) varying methods of cannabis delivery, including topical application, combustible and non-combustible inhalation, and ingestion. 

(d) IMPLEMENTATION.—If the Secretary conducts and supports research under subsection (a), the Secretary shall— 

(1) before conducting and supporting such research, develop a plan to implement this section and submit such plan to the Committees on Veterans’ Affairs 

of the House of Representatives and the Senate; and 

(2) issue any requests for proposals the Secretary determines appropriate for 

such implementation. 

(e) REPORTS.—During the five-year period beginning on the date of the enactment 

of this Act, the Secretary shall submit periodically, but not less frequently than annually, to the Committees on Veterans’ Affairs of the House of Representatives and 

the Senate reports on— 

(1) the implementation of this section; or 

(2) the rationale of the Secretary with respect to determining not to implement this section. 

(f) COVERED VETERAN DEFINED.—In this section, the term ‘‘covered veteran’’ 

means a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code. 

AMENDMENT TO H.R. 5520 OFFERED BY MR. WENSTRUP OF OHIO

Page 2, line 4, strike the subparagraph heading and insert ‘‘RESEARCH.—’’. 

Page 2, line 11, after the period insert the following new sentence: ‘‘The Secretary shall ensure that such research is conducted 

in accordance with applicable regulations relating to the oversight 

of research, including such regulations prescribed by the Office of 

Research and Development of the Department of Veterans Affairs, 

the Department of Health and Human Services (including through 

the National Institute on Drug Abuse), the Food and Drug Administration, the Drug Enforcement Administration, and the National 

Institutes of Health.’’. 

Page 3, strike lines 6 through 21 and insert the following new 

subsections: 

(d) IMPLEMENTATION.—If the Secretary conducts and supports research under subsection (a), the Secretary shall— 


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1https://www.legion.org/veteranshealthcare/239814/survey-shows-veteran-households-supportresearch-medical-cannabis 2 United States Drug Enforcement Agency. (n.d.). Drug Fact Sheet: Marijuana. [PDF File]. 

(1) before conducting and supporting such research, develop 

a plan to implement this section and submit such plan to the 

Committees on Veterans’ Affairs of the House of Representatives and the Senate; and 

(2) issue any requests for proposals the Secretary determines 

appropriate for such implementation. 

(e) REPORTS.—During the five-year period beginning on the date 

of the enactment of this Act, the Secretary shall submit periodically, but not less frequently than annually, to the Committees on 

Veterans’ Affairs of the House of Representatives and the Senate 

reports on— 

(1) the implementation of this section; or 

(2) the rationale of the Secretary with respect to determining 

not to implement this section. 

PURPOSE AND SUMMARY

H.R. 5520, as amended, the ‘‘VA Medicinal Cannabis Research 

Act of 2018,’’ would (1) make it clear that VA is authorized to conduct and support research into medicinal cannabis, (2) require VA 

to report to Congress on how it intends to exercise such authority, 

and (3) require VA to preserve all data collected or used for research in a manner that could facilitate further research. H.R. 

5520, was introduced by Representative Timothy Walz of Minnesota on April 16, 2018. 

BACKGROUND AND NEED FOR LEGISLATION

In 2017, The American Legion, the nation’s largest Veteran Service Organization, contracted with an independent public opinion research company to conduct a nationwide survey regarding veteran 

use and access to medical cannabis. The survey, conducted over two 

days with over 1,300 respondents and a +/¥ 3.5 percent margin of 

error, determined that 92 percent of veteran households support research into the efficacy of medical cannabis for mental and physical 

conditions and that 22 percent of veterans are currently using cannabis to treat a mental condition.1

These survey results highlight a large and growing need for valid 

scientific data and research into the safety and efficacy of cannabis 

as a medical treatment for veterans suffering chronic mental and 

physical conditions, especially as an alternative to treatment with 

opiate or other addictive or otherwise dangerous medications. 

As a substance listed as Schedule 1 by the Drug Enforcement 

Agency, cannabis is determined to have ‘‘no current accepted medical use and a high potential for abuse.’’ 2 However, there is no 

clear guidance on VA’s legal authority to conduct research and 

study the possibility of an ‘‘accepted medical use’’ for medical cannabis. 

Section 2 of the bill would clarify that the Secretary of the Department of Veterans Affairs may conduct research on the medical 

efficacy of cannabis on veterans, requires the Secretary to submit 

annual reports to Congress on the findings of any research conVerDate Sep 11 2014 01:14 May 22, 2018 Jkt 079006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR690.XXX HR690

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ducted using this authority, and to preserve all data collected using 

this authority for use in future research opportunities. 

HEARINGS

On April 17, 2018, the Subcommittee on Health conducted a legislative hearing on a number of bills including H.R. 5520. 

The following witnesses testified: 

The Honorable Beto O’Rourke, U.S. House of Representatives, 16th District, Texas; The Honorable Tim Walberg, U.S. 

House of Representatives,7th District, Michigan; The Honorable Neal Dunn, U.S. House of Representatives, 2nd District; 

Florida; The Honorable Luis Correa, U.S. House of Representatives, 46th District, California; The Honorable Mike Coffman, 

U.S. House of Representatives, 6th District, Colorado; Louis J. 

Celli, Director, National Veterans Affairs and Rehabilitation 

Division, The American Legion; Adrian M. Atizado, Deputy National Legislative Director, Disabled American Veterans; Sarah 

S. Dean, Associate Legislative Director, Paralyzed Veterans of 

America; and Kayda Keleher, Associate Director, National Legislative Service, Veterans of Foreign Wars of the United States. 

Statements for the record were submitted by: 

The Elizabeth Dole Foundation; The Independence Fund; 

Veteran Cannabis Project; Wounded Warrior Project; and Iraq 

and Afghanistan Veterans of America. 

SUBCOMMITTEE CONSIDERATION

There was no subcommittee consideration of H.R. 5520. 

COMMITTEE CONSIDERATION

On May 8, 2018, the full Committee met in open markup session, 

a quorum being present, and ordered H.R. 5520, as amended, favorably reported to the House of Representatives by voice vote. 

During consideration of the bill, the following amendment was considered and agreed to by voice vote: 

An Amendment to H.R. 5520 offered by Representative Brad 

Wenstrup of Ohio, the Chairman of the Subcommittee on 

Health. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, there were no recorded votes taken on 

amendments or in connection with ordering H.R. 5520, as amended, reported to the House. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are to permit the federally-regulated study into the safeVerDate Sep 11 2014 01:14 May 22, 2018 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR690.XXX HR690

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ty and efficacy of medical cannabis for treatment in veterans with 

mental and physical conditions, while ensuring VA is required to 

follow established federal, clinical and scientific guidelines. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 5520, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 5520, 

as amended, prepared by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 5520, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 9, 2018. 

Hon. PHIL ROE, M.D., 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5520, the VA Medicinal 

Cannabis Research Act of 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Ann E. Futrell. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 5520—VA Medicinal Cannabis Research Act of 2018 

H.R. 5520 would allow the Department of Veterans Affairs (VA) 

to conduct and support research related to the use of medical cannabis in the treatment of veterans with chronic pain, post-traumatic stress disorder, and other health conditions. The bill would 

codify VA’s existing authority to conduct such research. On that 

basis, CBO estimates that implementing H.R. 5520 would cost less 

than $500,000 over the 2019–2023 period, primarily to prepare and 


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submit the necessary reports to the Congress. That spending would 

be subject to the availability of appropriated funds. 

Enacting H.R. 5520 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 5520 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 5520 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Ann E. Futrell. The 

estimate was reviewed by Leo Lex, Deputy Assistant Director for 

Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 5520, as amended, prepared by the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 5520, as 

amended. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

Pursuant to Article I, section 8 of the United States Constitution, 

H.R. 5520, as amended, is authorized by Congress’ power to ‘‘provide for the common Defense and general Welfare of the United 

States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that H.R. 5520, as amended, does not relate 

to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of 

the Congressional Accountability Act of 1995. 

STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

5520, as amended, establishes or reauthorizes a program of the 

Federal Government known to be duplicative of another Federal 

program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 

of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKING

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), the 

Committee estimates that H.R. 5520, as amended, contains no directed rulemaking that would require the Secretary to prescribe 

regulations. 


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SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 of the bill would provide the short title for H.R. 5520, 

as amended, as the ‘‘VA Medicinal Cannabis Research Act of 2018.’’ 

Section 2. Conduct of research into effects of cannabis on health outcomes of certain veterans 

Section 2(a) of the bill would provide the authority for the Secretary of Veterans Affairs to conduct and support research into the 

efficacy and safety of cannabis on the health outcomes of covered 

veterans diagnosed with chronic pain, PTSD, and other conditions 

the Secretary may deem appropriate. This section also requires authorized research to comply with all established federal guidelines 

and regulations. 

Section 2(b) of the bill would require all research data authorized 

and conducted under section 2(a) to be preserved in a manner that 

will facilitate further research. 

Section 2(c) of the bill outlines which forms of cannabis are eligible for research, including (1) full plants and extracts; (2) at least 

three different strains of cannabis with significant variations of 

phenotypic traits and various rations of THC and CBD (the active 

ingredients in cannabis); and, (3) other chemical analogs of THC. 

This section also outlines the methods of delivery for research, including topical application, combustible and non-combustible inhalation, and ingestion. 

Section 2(d) of the bill requires the VA, prior to conducting any 

research authorized by this section, to inform Congress of its plan 

to conduct such research and issue any requests for proposals the 

Secretary deems appropriate. 

Section 2(e) of the bill requires VA to submit periodic reports to 

Congress on (1) the implementation of this section and (2) the rationale of the Secretary with respect to determining not to implement this section. 

Section 2(f) defines the term ‘‘covered veteran.’’ 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

If enacted, this bill would make no changes in existing law. 

Æ 


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