I 

117TH CONGRESS 

1ST SESSION H. R. 2588 

To allow veterans to use, possess, or transport medical marijuana and to 

discuss the use of medical marijuana with a physician of the Department 

of Veterans Affairs as authorized by a State or Indian Tribe, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2021 

Ms. LEE of California (for herself, Mr. JOYCE of Ohio, Mr. YOUNG, Ms. 

SCHAKOWSKY, Mr. MCGOVERN, Ms. NORTON, Mr. GAETZ, Mr. CRIST, 

Ms. MACE, Mr. GARBARINO, Mr. COHEN, and Mr. BLUMENAUER) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committees on the Judiciary, and 

Veterans’ Affairs, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with 

a physician of the Department of Veterans Affairs as 

authorized by a State or Indian Tribe, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Medical 

3 Marijuana Safe Harbor Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Chronic pain affects the veteran population, 

7 with almost 60 percent of veterans returning from 

8 serving in the Armed Forces in the Middle East, and 

9 more than 50 percent of older veterans, who are 

10 using the health care system of the Department of 

11 Veterans Affairs living with some form of chronic 

12 pain. 

13 (2) In 2018, opioids accounted for approxi14 mately 70 percent of all drug overdose deaths in the 

15 United States. 

16 (3) Veterans are twice as likely to die from 

17 opioid related overdoses than nonveterans. 

18 (4) States with medical cannabis laws have a 

19 24.8 percent lower mean annual opioid overdose 

20 mortality rate compared with States without medical 

21 cannabis laws. 

22 (5) Marijuana and its compounds show promise 

23 for treating a wide-range of diseases and disorders, 

24 including pain management. 


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1 (6) Medical marijuana in States where it is 

2 legal may serve as a less harmful alternative to 

3 opioids in treating veterans. 

4 SEC. 3. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL 

5 MARIJUANA. 

6 (a) SAFE HARBOR.—Notwithstanding the Controlled 

7 Substances Act (21 U.S.C. 801 et seq.), the Controlled 

8 Substances Import and Export Act (21 U.S.C. 951 et 

9 seq.), or any other Federal law, it shall not be unlawful 

10 for— 

11 (1) a veteran to use, possess, or transport med12 ical marijuana in a State or on Indian land if the 

13 use, possession, or transport is authorized and in ac14 cordance with the law of the applicable State or In15 dian Tribe; 

16 (2) a physician to discuss with a veteran the 

17 use of medical marijuana as a treatment if the phy18 sician is in a State or on Indian land where the law 

19 of the applicable State or Indian Tribe authorizes 

20 the use, possession, distribution, dispensation, ad21 ministration, delivery, and transport of medical 

22 marijuana; or 

23 (3) a physician to recommend, complete forms 

24 for, or register veterans for participation in a treat25 ment program involving medical marijuana that is 


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1 approved by the law of the applicable State or In2 dian Tribe. 

3 (b) DEFINITIONS.—In this section: 

4 (1) INDIAN LAND.—The term ‘‘Indian land’’ 

5 means any of the Indian lands, as such term is de6 fined in section 824(b) of the Indian Health Care 

7 Improvement Act (25 U.S.C. 1680n). 

8 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

9 has the meaning given the term ‘‘Indian tribe’’ in 

10 section 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 5304). 

12 (3) PHYSICIAN.—The term ‘‘physician’’ means 

13 a physician appointed by the Secretary of Veterans 

14 Affairs under section 7401(1) of title 38, United 

15 States Code. 

16 (4) STATE.—The term ‘‘State’’ has the mean17 ing given that term in section 102 of the Controlled 

18 Substances Act (21 U.S.C. 802). 

19 (5) VETERAN.—The term ‘‘veteran’’ has the 

20 meaning given that term in section 101 of title 38, 

21 United States Code. 

22 (c) SUNSET.—This section shall cease to have force 

23 or effect on the date that is five years after the date of 

24 the enactment of this Act. 


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1 SEC. 4. STUDIES ON USE OF MEDICAL MARIJUANA BY VET2 ERANS. 

3 (a) STUDY ON EFFECTS OF MEDICAL MARIJUANA ON

4 VETERANS IN PAIN.— 

5 (1) IN GENERAL.—Not later than two years 

6 after the date of the enactment of this Act, the Sec7 retary of Veterans Affairs shall conduct a study on 

8 the effects of medical marijuana on veterans in pain. 

9 (2) REPORT.—Not later than 180 days after 

10 the date on which the study required under para11 graph (1) is completed, the Secretary shall submit to 

12 Congress a report on the study, which shall include 

13 such recommendations for legislative or administra14 tive action as the Secretary considers appropriate. 

15 (b) STUDY ON USE BY VETERANS OF STATE MED16 ICAL MARIJUANA PROGRAMS.— 

17 (1) IN GENERAL.—Not later than two years 

18 after the date of the enactment of this Act, the Sec19 retary shall conduct a study on the relationship be20 tween treatment programs involving medical mari21 juana that are approved by States, the access of vet22 erans to such programs, and a reduction in opioid 

23 use and abuse among veterans. 

24 (2) REPORT.—Not later than 180 days after 

25 the date on which the study required under para26 graph (1) is completed, the Secretary shall submit to 


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1 Congress a report on the study, which shall include 

2 such recommendations for legislative or administra3 tive action as the Secretary considers appropriate. 

4 (c) VETERAN DEFINED.—In this section, the term 

5 ‘‘veteran’’ has the meaning given that term in section 101 

6 of title 38, United States Code. 

7 (d) USE OF AMOUNTS.—For fiscal years 2022 and 

8 2023, of the amounts appropriated to the Department of 

9 Veterans Affairs— 

10 (1) $10,000,000 shall be used to carry out sub11 section (a); and 

12 (2) $5,000,000 shall be used to carry out sub13 section (b). 

Æ 


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