The bill’s sponsor noted that despite cannabis being legal as medicine in 37 states, veterans don’t have access to it, even though it’s been shown there may be benefits for treating a variety of issues, including post-traumatic stress disorder. Veterans, the bill’s sponsor said, should be able to talk to their doctors about the potential benefits.

How Cannabis Prohibition Harms Veterans A significant number of military veterans suffer from conditions like post-traumatic stress disorder (PTSD). Although the VA flatly states a lack of evidence that medical marijuana can be used for effective treatment of the condition, a review of five studies of veterans with PTSD using medical marijuana reached conclusions that differed from that of the government.Other countries, such as Israel and Canada, are now leading the charge on medicinal cannabis research. This matters because most of the U.S. analysis we do have on soldiers, PTSD and medical cannabis involves a heavy reliance on self-reporting from patients – because federal prohibition means researchers can’t actually conduct tests with it directly.

And while much of the discussion about veterans and medical marijuana centers on PTSD, the reality is veterans also suffer from higher rates of other conditions – such as cancer, pain and insomnia – whose symptoms can be effectively treated with cannabis.

The Veterans Cannabis Coalition report that some 2 million veterans report using cannabis to treat injuries that are directly connected to their military service. The coalition argues that cannabis is better for veterans’ health than many of the powerful – and toxic – pharmaceuticals they are prescribed for these conditions.

A recent survey conducted by the American Legion revealed more than 90 percent of veterans support research into medical cannabis and more than 80 percent support legalizing medical cannabis. That’s much higher than even the wider population.

Department of Defense Advises Against Active Duty Personnel Investing in Marijuana

For so long as marijuana is prohibited at the federal level, it’s unlikely the military is going to be on board (which is why a bill from Congress could be a game-changer). Earlier this year, the Department of Defense started issuing notices to inform military personnel that the Central Adjudication Facility of the department “negatively views” any personal investment in companies that make, sell or distribute marijuana. They could be stripped of their security clearance just for owning stock in these companies.

Veterans who have already left the military may find these barriers easier to overcome, but for active duty and reserves, the government’s position seems clear – at least for now.

If you have been administratively sanctioned for marijuana-related activities, our Los Angeles medical marijuana attorneys can help.

Additional Resources:

Senators Vote To Expand Medical Marijuana Access For Military Veterans In Key Committee, Aug. 4, 2021, By Kyle Jaeger, Marijuana Moment

A new bill filed by a U.S. House of Republican – with bipartisan support – would protect veterans from losing their federal benefits for using medicinal marijuana. Additionally, the Veterans Cannabis Use for Safe Healing Act would allow doctors at the Department of Veterans Affairs to recommend cannabis for medicinal purposes to patients there.

L.A. Attorneys Fight for Military Veterans’ Cannabis Rights

Los Angeles cannabis attorneys for years have fought to prevent veterans from losing these critical benefits simply for seeking medically necessary treatment. A measure like this would solidify a military veteran’s entitlement to services – and further enshrine them so they could not be altered subject to the whim of future federal administrations. Taking it a step further (and to avoid any conflicting messages on this) the proposed law would also change the existing VA rules that prevent doctors within the department from filling out any forms that might help a veteran obtain medicinal marijuana.

As it stands now, VA doctors are restricted to discussing marijuana with patients and noting in medical records when/if they reveal medicinal use.

The bill’s sponsor released a statement underscoring his commitment to making sure military veterans get the care they deserve and aren’t unfairly penalized for seeking or obtaining it.

Bipartisan Support for Military Veterans’ Marijuana Rights

The fact that both Republicans and Democrats are coming together on this issue, particularly now at a time of bitter partisan infighting on almost everything, speaks volumes about the fact that the tide is well into the midst of turning when it comes to federal law and marijuana.

The drug continues to remain a Schedule I narcotic under the Controlled Substances Act, placing it in the same category with heroin, methamphetamine and LSD. These are drugs that have no recognized value as medicine, are incredibly addictive and dangerous. Obviously, this descriptor is nowhere near inaccurate, and it isn’t reflective of sweeping state law changes the last two decades (starting with California).

Although cannabis operations are tenuously protected from federal prosecution thanks to The Cole Memo, there are indicators we may see tangible changes on the horizon. The 2018 Farm Bill declassified hemp and CBD-derived hemp. Months earlier, the U.S. Drug Enforcement Administration bumped CBD from a Schedule I classification to the much lower Schedule V.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

New Bill Would Protect Veterans From Losing Benefits Over Marijuana, April 10, 2019, Marijuana Moment

More Blog Entries:

Interstate Cannabis Commerce? Oregon’s Readying For It, April 9, 2019, Los Angeles Military Veteran Cannabis Lawyer Blog

The concern is that such action is poised to have a chilling effect not only on U.S.-Canadian relations, but also on the Canadian cannabis industry. Los Angeles marijuana business attorneys know that the CBP officers are empowered with very broad discretion not only to question those who wish to travel into the U.S. on a wide range of subjects. What’s less clear is what authority these officers or the agency in general has to issue lifetime bans into the country, particularly from our northern neighbors.

The Toronto Star reports the legal team behind the suit includes a former U.S. attorney now in private practice. The lawyer’s team alleges the U.S government has unlawfully withheld documents requested by his firm in accordance with the Freedom of Information ACT (FOIA) specifically pertaining to the practice of Canadian cannabis worker border bans.

Lawsuit: Canadian Cannabis Workers Entitled to U.S. Legal Basis for Bud Worker Bans

The federal lawsuit asserts time has run out for the CBP to respond to the FOAI request or file for a reasonable extension on the request. The cannabis worker attorney minces no words about his aims: To force the release of documentation that will force the government to give its legal argument for why the agency is legally allowed to ban cannabis workers. The law firm also seeks to recover costs and attorney’s fees related to the lawsuit it was required to file to obtain these answers.

Beyond even that, the attorney told The Star it wants to get to the heart of whether such actions are even lawful in accordance with U.S. statutes. The attorney, who has represented cannabis businesspersons in Washington and Canada, pointed out that if a central U.S. agency – say, the U.S. Department of Homeland Security – was providing directive to CBP officers to initiate these bans on Canadian citizens, the agency may not need any other legal grounds. It will depend on the answers the agency provides. Nonetheless, the law firm asserts the CBP should have responded to the FOIA by now.

The CBP in an email response to The Star said it does not, as a matter of policy, comment on pending litigation.

Even before marijuana became legal for recreational purposes in Canada last fall, most of our northern neighbors in the cannabis industry were aware that even being thinly connected could result in a formal “inadmissibility” stamp from the U.S. government. Those who were honest about their connections to the cannabis trade were told they were no longer allowed to enter due to the fact they were engaged in “aiding and abetting a criminal enterprise” and “drug trafficking.”

Our Los Angeles marijuana business attorneys know that where once there was a trickle of Canadians who were requiring assistance with inadmissibility in the past, suddenly it’s become more of a steady flow.

Canadian Marijuana Company Worker U.S. Bans an Opaque Process

Although more than two dozen states in the U.S (California included) have legalized medicinal and/or recreational cannabis, the drug is still illegal per the federal government. The problem for Canadians is that the U.S.-Canada border is run by the federal government. Not only is admission of involvement in a cannabis business in Canada known to be sufficient enough to warrant a federal ban on a traveler from entering the country – even an admission of mere use of the drug can do the same. Essentially, the U.S. government is incentivizing dishonesty from international travelers from Canada.

Starting in October, the CBP’s public regulations on Canadians with connections to the legal cannabis market in Canada were updated such that this technically is no longer supposed to result in inadmissibility. However, there is still the possibility that Canadian investors or businesspeople who have some type of link to the American cannabis industry could still be barred if those connections become known by CBP officials. The Washington state attorney, however, says the way these prohibitions are issued are a total mystery. None of the bans indicate on what authority the decision is based on and there is no obvious justification in federal law that would clearly indicate the ban is legit.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: Lawsuit seeks answers for Canadian cannabis workers banned at U.S. border, March 2019, The Star More Blog Entries: Pot Policy 101: L.A. Marijuana Lawyers Urge Polishing Up on Your California Prop 64 Proficiency, Jan. 19, 2019, Los Angeles Marijuana Lawyer Blog