I 

116TH CONGRESS 

1ST SESSION H. R. 1151 

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 

FEBRUARY 12, 2019 

Ms. LEE of California 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Marijuana Safe Harbor Act.’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Chronic pain affects the veteran population, 

4 with almost 60 percent of veterans returning from 

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

6 more than 50 percent of older veterans, who are 

7 using the health care system of the Department of 

8 Veterans Affairs living with some form of chronic 

9 pain. 

10 (2) Opioids account for approximately 63 per11 cent of all drug deaths in the United States. 

12 (3) In 2011, veterans were twice as likely to die 

13 from accidental opioid overdoses as nonveterans. 

14 (4) States with medical cannabis laws have a 

15 24.8 percent lower mean annual opioid overdose 

16 mortality rate compared with States without medical 

17 cannabis laws. 

18 (5) Marijuana and its compounds show promise 

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

20 including pain management. 

21 (6) Medical marijuana in States where it is 

22 legal may serve as a less harmful alternative to 

23 opioids in treating veterans. 


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•HR 1151 IH

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

2 MARIJUANA. 

3 (a) SAFE HARBOR.—Notwithstanding the Controlled 

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

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

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

7 for— 

8 (1) a veteran to use, possess, or transport med9 ical marijuana in a State or on Indian land if the 

10 use, possession, or transport is authorized and in ac11 cordance with the law of the applicable State or In12 dian Tribe; 

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

14 use of medical marijuana as a treatment if the phy15 sician is in a State or on Indian land where the law 

16 of the applicable State or Indian Tribe authorizes 

17 the use, possession, distribution, dispensation, ad18 ministration, delivery, and transport of medical 

19 marijuana; or 

20 (3) a physician to recommend, complete forms 

21 for, or register veterans for participation in a treat22 ment program involving medical marijuana that is 

23 approved by the law of the applicable State or In24 dian Tribe. 

25 (b) DEFINITIONS.—In this section: 


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

2 means any of the Indian lands, as such term is de3 fined in section 824(b) of the Indian Health Care 

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

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

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

7 section 4 of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 5304). 

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

10 a physician appointed by the Secretary of Veterans 

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

12 States Code. 

13 (4) STATE.—The term ‘‘State’’ has the mean14 ing given that term in section 102 of the Controlled 

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

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

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

18 United States Code. 

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

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

21 the enactment of this Act. 

22 SEC. 4. STUDIES ON USE OF MEDICAL MARIJUANA BY VET23 ERANS. 

24 (a) STUDY ON EFFECTS OF MEDICAL MARIJUANA ON

25 VETERANS IN PAIN.— 


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

2 after the date of the enactment of this Act, the Sec3 retary of Veterans Affairs shall conduct a study on 

4 the effects of medical marijuana on veterans in pain. 

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

6 the date on which the study required under para7 graph (1) is completed, the Secretary shall submit to 

8 Congress a report on the study, which shall include 

9 such recommendations for legislative or administra10 tive action as the Secretary considers appropriate. 

11 (b) STUDY ON USE BY VETERANS OF STATE MED12 ICAL MARIJUANA PROGRAMS.— 

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

14 after the date of the enactment of this Act, the Sec15 retary shall conduct a study on the relationship be16 tween treatment programs involving medical mari17 juana that are approved by States, the access of vet18 erans to such programs, and a reduction in opioid 

19 abuse among veterans. 

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

21 the date on which the study required under para22 graph (1) is completed, the Secretary shall submit to 

23 Congress a report on the study, which shall include 

24 such recommendations for legislative or administra25 tive action as the Secretary considers appropriate. 


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

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

3 of title 38, United States Code. 

4 (d) USE OF AMOUNTS.—For fiscal years 2020 and 

5 2021, of the amounts appropriated to the Department of 

6 Veterans Affairs— 

7 (1) $10,000,000 shall be used to carry out sub8 section (a); and 

9 (2) $5,000,000 shall be used to carry out sub10 section (b). 

Æ 


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