VA Disability Benefits and Marijuana
April 04, 2022
Even though many states in the U.S. have legalized the use of marijuana for medical and/or recreational use, veterans should know that federal law still classifies marijuana as a Schedule I Controlled Substance. Meaning it is illegal in the eyes of the Federal government and Veterans Affairs.
The Department of Veterans Affairs is required to follow all federal laws, including those regarding marijuana. As long as the Food and Drug Administration classifies marijuana as a Schedule I, VA health care providers may not recommend it or assist veterans in obtaining it.
Though, veteran participation in state marijuana programs does not affect eligibility for VA care and services. Providers can and do discuss marijuana use with veterans as part of comprehensive care planning and adjust treatment plans as necessary.
Marijuana and VA: What to Know
Below is a comprehensive list of what veterans need to know about VA services and marijuana:
- Veterans will not be denied VA benefits because of marijuana use.
- Veterans are encouraged to discuss marijuana use with their VA providers.
- VA health care providers will record marijuana use in the Veteran’s VA medical record to have the information available for 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.
- VA clinicians may not recommend medical marijuana.
- VA clinicians may only prescribe medications that have been approved by the U.S. Food and Drug Administration (FDA) for medical use. At present, most products containing tetrahydrocannabinol (THC), cannabidiol (CBD), or other cannabinoids are not approved for this purpose by the FDA.
- VA clinicians may not complete paperwork/forms required for Veteran patients to participate in state-approved marijuana programs.
- VA pharmacies may not fill prescriptions for medical marijuana.
- VA will not pay for medical marijuana prescriptions from any source.
- The use or possession of marijuana is prohibited at all VA medical centers, locations, and grounds. When you are on VA grounds it is federal law that is enforced, not the laws of the state.
- Veterans who are VA employees are subject to drug testing under the terms of employment.
Coming Down the Legislative Highway
As of February 2021, 39 states plus Washington, D.C., have legalized medical marijuana. The recreational use of cannabis is legalized in 18 states. In January of 2022, Senate Majority Leader Chuck Schumer (D-NY) held a meeting with a variety of marijuana reform and other advocacy groups last week to discuss social equity issues as he prepares to introduce a much-anticipated cannabis legislation bill this year.
If you are a veteran or know of a veteran who has a disability from service or needs an increase in their VA disability rating, please contact us at Legal Help For Veterans, PLLC at (800) 693-4800.