Veterans Medical Marijuana Safe Harbor Act

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. Short title This Act may be cited as the Veterans Medical Marijuana Safe Harbor Act 2. Findings Congress finds the following: (1) Chronic pain affects the veteran population, with almost 60 percent of veterans returning from serving in the Armed Forces in the Middle East, and more than 50 percent of older veterans, who are using the health care system of the Department of Veterans Affairs living with some form of chronic pain. (2) In 2018, opioids accounted for approximately 70 percent of all drug overdose deaths in the United States. (3) Veterans are twice as likely to die from opioid related overdoses than nonveterans. (4) States with medical cannabis laws have a 24.8 percent lower mean annual opioid overdose mortality rate compared with States without medical cannabis laws. (5) Marijuana and its compounds show promise for treating a wide-range of diseases and disorders, including pain management. (6) Medical marijuana in States where it is legal may serve as a less harmful alternative to opioids in treating veterans. 3. Safe harbor for use by veterans of medical marijuana (a) Safe harbor Notwithstanding the Controlled Substances Act ( 21 U.S.C. 801 21 U.S.C. 951 (1) a veteran to use, possess, or transport medical marijuana in a State or on Indian land if the use, possession, or transport is authorized and in accordance with the law of the applicable State or Indian Tribe; (2) a physician to discuss with a veteran the use of medical marijuana as a treatment if the physician is in a State or on Indian land where the law of the applicable State or Indian Tribe authorizes the use, possession, distribution, dispensation, administration, delivery, and transport of medical marijuana; or (3) a physician to recommend, complete forms for, or register veterans for participation in a treatment program involving medical marijuana that is approved by the law of the applicable State or Indian Tribe. (b) Definitions In this section: (1) Indian land The term Indian land 25 U.S.C. 1680n (2) Indian Tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (3) Physician The term physician (4) State The term State 21 U.S.C. 802 (5) Veteran The term veteran (c) Sunset This section shall cease to have force or effect on the date that is five years after the date of the enactment of this Act. 4. Studies on use of medical marijuana by veterans (a) Study on effects of medical marijuana on veterans in pain (1) In general Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study on the effects of medical marijuana on veterans in pain. (2) Report Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Secretary shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate. (b) Study on use by veterans of State medical marijuana programs (1) In general Not later than two years after the date of the enactment of this Act, the Secretary shall conduct a study on the relationship between treatment programs involving medical marijuana that are approved by States, the access of veterans to such programs, and a reduction in opioid use and abuse among veterans. (2) Report Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Secretary shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate. (c) Veteran defined In this section, the term veteran (d) Use of amounts For fiscal years 2022 and 2023, of the amounts appropriated to the Department of Veterans Affairs— (1) $10,000,000 shall be used to carry out subsection (a); and (2) $5,000,000 shall be used to carry out subsection (b).

Summary: Veterans Medical Marijuana Safe Harbor Act This bill provides guidance related to veterans and medical marijuana that shall be effective for five years. Specifically, the bill authorizes (1) a veteran to use, possess, or transport medical marijuana in accordance with applicable state or Native American tribal law; (2) a Department of Veterans Affairs (VA) physician to discuss with a veteran the use of medical marijuana as a treatment if the physician is in a state or on tribal land that authorizes such treatment; or (3) a VA physician to recommend, complete forms for, or register veterans for participation in a medical marijuana treatment program in accordance with applicable state or tribal law. The bill requires the VA to report on (1) the effects of medical marijuana on veterans in pain; and (2) the relationship between state-approved medical marijuana treatment programs, program access, and opioid use and abuse reduction.