The full U.S. Senate has approved the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act (H.R. 3944), with a key provision that allows veterans to participate in state-level medical cannabis programs. The vote was 87 to 9.
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The bipartisan provision, backed by Representatives Brian Mast (R-FL) and Dave Joyce (R-OH), was included in the broader spending package and would block the Department of Veterans Affairs from enforcing policies that bar its physicians from discussing or assisting with veterans’ access to state-approved medical marijuana programs. H.R. 3944 passed the House 218 to 206 in June, but will go back for a final vote of concurrence before being sent to President Trump who is expected to quickly sign it into law.
The medical cannabis amendment specifically prohibits the use of VA funds to enforce Veterans Health Directive 1315, which currently forbids VA providers from completing forms or making referrals for medical marijuana, even in the 39 states where it’s legal for medicinal use. The amendment is modelled after the Veterans Equal Access Act, which has been filed in Congress for years without legislative action.
Specifically, the amendment states:
Sec. 261. None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act may be used in a manner that would—
(1) interfere with the ability of a veteran to participate in a medicinal marijuana program approved by a State;
(2) deny any services from the Department to a veteran who is participating in such a program; or
(3) limit or interfere with the ability of a health care provider of the Department to make appropriate recommendations, fill out forms, or take steps to comply with such a program.
Once signed into law by President Trump, the measure will represent a major shift in VA policy and could significantly expand access to medical marijuana for veterans nationwide.
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