Title: To establish the policy of the Department of Veterans Affairs on medicinal cannabis, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill establishes an official policy of the Department of Veterans Affairs (VA) on medicinal cannabis, requires the VA to seek to enter an agreement with a federally funded research and development center to conduct nationwide surveys to measure cannabis use by veterans, and requires the VA to provide training for all VA primary care providers in the use of medical cannabis.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6991 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6991

   To establish the policy of the Department of Veterans Affairs on 
              medicinal cannabis, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2022

 Mr. Moulton introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish the policy of the Department of Veterans Affairs 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. 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.

SEC. 2. SURVEY ON CANNABIS USE BY VETERANS.

    (a) In General.--The Secretary of Veterans Affairs shall seek to 
enter into an agreement with a federally funded research and 
development center to conduct surveys nationwide to measure cannabis 
use by veterans.
    (b) Selection.--The Secretary shall select a federally funded 
research and development center under subsection (a) from among such 
centers that has--
            (1) expertise and a record of independent, peer-reviewed 
        publications with respect to--
                    (A) behavioral health research; and
                    (B) conducting independent evaluations of mental 
                health programs using multidisciplinary methods; and
            (2) an in-depth knowledge of all State medicinal marijuana 
        programs and the ability to tailor the surveys under subsection 
        (a) accordingly.
    (c) Conduct of Surveys.--The surveys conducted under subsection (a) 
shall meet the following criteria:
            (1) One survey shall collect information from veterans who 
        use cannabis, including both veterans enrolled in the health 
        care system established under section 1705(a) of title 38, 
        United States Code, and veterans who are not so enrolled.
            (2) One survey shall collect information from health care 
        providers of the Department of Veterans Affairs.
            (3) Each survey shall be conducted in a manner that ensures 
        the anonymity of the individual being surveyed.
    (d) Matters Surveyed.--
            (1) Veterans.--The survey described in subsection (c)(1) 
        shall cover the following subjects:
                    (A) The current medicinal cannabis use by the 
                veteran, or the intent or desire by the veteran to use 
                medicinal cannabis, and the reasons for such use, 
                intent, or desire.
                    (B) The conditions, symptoms, or both, that the 
                veteran uses cannabis to treat.
                    (C) The types of cannabis and cannabis products 
                used by the veteran, including with respect to--
                            (i) tetrahydrocannabinol or cannabidiol 
                        content;
                            (ii) indica, sativa, mixes, or hybrids; and
                            (iii) flower, oils, hash or kief, 
                        concentrates (wax, shatter, budder), edibles, 
                        drinks, tinctures, and topical ointments.
                    (D) Other medications taken by the veteran 
                concurrently with cannabis and any medications the 
                veteran stopped using because of the use of cannabis.
                    (E) How the veteran is self-administering medicinal 
                cannabis, including--
                            (i) the method;
                            (ii) the typical times each day the veteran 
                        self-administers;
                            (iii) the frequency of different products 
                        per day and for what condition, symptom, or 
                        both; and
                            (iv) the amounts per product.
                    (F) The ratings and descriptions of the 
                effectiveness of using cannabis to treat conditions, 
                symptoms, or both.
                    (G) Any experiences with side effects.
                    (H) The number of different cannabis products tried 
                before settling on the current product.
                    (I) The typical source of medical cannabis (such as 
                a single dispensary, multiple dispensaries, mail order, 
                or other source), the typical purchase frequency, and 
                the typical amount purchased.
                    (J) The sources of information the veteran uses for 
                products and dosages.
                    (K) Factors that influence the choice of the 
                veteran for using a chosen product (such as with 
                respect to the levels of tetrahydrocannabinol or 
                cannabidiol content, cost, availability, consistency, 
                or strain).
                    (L) Any other matters determined appropriate.
            (2) Health care providers.--The survey described in 
        subsection (c)(2) shall cover the following subjects:
                    (A) A description of the experience of the health 
                care provider with respect to patents using medicinal 
                cannabis.
                    (B) A description by the health care provider of 
                how medicinal cannabis is changing patients.
                    (C) A description of how treatment plans have been 
                modified after a veteran discloses using cannabis.
                    (D) Any documentation of the products, dosages, or 
                frequency of such cannabis use in the medical records 
                of the veteran.
                    (E) Reporting of adverse events.
                    (F) The sources of information used by the health 
                care provider with respect to cannabis products and the 
                medical effectiveness of cannabis.
                    (G) Any other matters determined appropriate.
    (e) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
on the results of the surveys conducted under this section.

SEC. 3. TRAINING IN USE OF MEDICAL CANNABIS FOR DEPARTMENT OF VETERANS 
              AFFAIRS PRIMARY CARE PROVIDERS.

    (a) Training.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall provide 
for all primary care providers of the Department of Veterans Affairs an 
initial training in the use of medical cannabis. The Secretary shall 
provide supplemental training as necessary.
    (b) Partnerships With Medical Schools.--In developing and providing 
the training to be provided under subsection (a), the Secretary shall 
enter into partnerships with medical schools that have incorporated 
education on medical cannabis into their curricula.
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