[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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