Title: Department of Veterans Affairs Policy for Medicinal Cannabis Use Act of 2018
Policy area: Armed Forces and National Security

Summary:
Department of Veterans Affairs Policy for Medicinal Cannabis Use Act of 2018
This bill establishes the policy of the Department of Veterans Affairs (VA) on medical cannabis. Specifically, amongst other elements, the policy provides that veterans shall not be denied VA benefits by reason of cannabis use. VA medical providers may discuss cannabis use as part of comprehensive care planning, and clinicians shall follow federal laws and regulations relating to medicinal cannabis.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7130 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7130

  To provide for a Department of Veterans Affairs policy on medicinal 
                   cannabis, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2018

    Mr. Moulton (for himself, Mr. Gaetz, Mr. Crist, and Mr. Correa) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for a Department of Veterans Affairs policy on medicinal 
                   cannabis, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs 
Policy for Medicinal Cannabis Use Act of 2018''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS POLICY ON MEDICINAL CANNABIS.

    (a) Policy.--The policy of the Department of Veterans Affairs on 
medicinal cannabis is as follows:
            (1) Veterans are encouraged to discuss their medicinal 
        cannabis use with their health care providers without fear of 
        negative repercussions.
            (2) Veterans shall not be denied any benefit under the laws 
        administered by the Secretary of Veterans Affairs by reason of 
        cannabis use.
            (3) The participation of a veteran in a State-legal 
        marijuana program shall not affect the veteran's eligibility 
        for care and services furnished by the Department of Veterans 
        Affairs.
            (4) The use or possession of cannabis is prohibited on all 
        Department property and in all Department facilities pursuant 
        to Federal law, which applies at such locations and not the 
        laws of the State where the property or facility is located.
            (5) Department medical providers shall honor the desires of 
        their patients to seek alternative forms of treatment.
            (6) The Department of Veterans Affairs acknowledges 
        medicinal cannabis use may be a legitimate alternative 
        treatment and a Department medical provider will not recommend 
        a veteran for drug addiction treatment solely by reason of 
        medicinal cannabis use.
            (7) Department medical providers are permitted to discuss 
        cannabis use as part of comprehensive care planning and may 
        adjust treatment plans as necessary. Treatment adjustment 
        should be relevant and a veteran should have the freedom to 
        seek a second opinion if the veteran feels the change is not 
        fair.
            (8) Department medical providers will annotate a veteran's 
        cannabis use in the medical record of the veteran in order to 
        have the information available in treatment planning. As with 
        all clinical information, this is part of the confidential 
        medical record and protected under patient privacy and 
        confidentiality laws and regulations. Department medical 
        providers will not record that a patient has a marijuana 
        addiction problem in their medical record if the patient is 
        responsibly using medicinal cannabis.
            (9) Department clinicians shall follow Federal laws and 
        regulations relating to medicinal cannabis.
            (10) Department medical providers may not be fired nor have 
        any other adverse personnel action taken against them for 
        discussing cannabis use with their patients.
            (11) Department scientists may conduct research on cannabis 
        benefits and risks under regulatory approval.
            (12) Department medical providers may not dissuade 
        participation in non-Department medicinal cannabis research.
    (b) Dissemination of Policy.--The Secretary of Veterans Affairs 
shall disseminate the policy under subsection (a) widely, including by 
displaying such policy prominently in all Department of Veterans 
Affairs hospitals and clinics and online.
    (c) Repeal in Event of Federal Legalization.--If the use of 
medicinal cannabis becomes legal under Federal law, the requirement 
under subsection (a)(4) shall be repealed.
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