New VHA Directive on Medical Marijuana released July 22, 2010

The Department of Veterans Affairs released a new Veterans Health Administration Directive July 22, 2010 giving guidelines for Veterans seeking access to medical marijuana in conjunction with pain management and other treatment from VA providers.

Previously, Veterans who tested positive for marijuana were subject to treatment denial from VA providers. The new Directive states that “VHA policy does not prohibit Veterans who use medical marijuana from participating in VHA substance abuse programs, pain control programs, or other clinical programs where the use of marijuana may be considered inconsistent with treatment goals.” VHA Directive 2010-035.

This is not an endorsement by the Government to use medical marijuana. It simply clarifies that treatment will not be denied for veterans who seek to participate in state medical marijuana programs. The VHA follows Federal Law on the status of medical marijuana as a Schedule I drug which means it has no accepted medical use and possession, production and use of the substance can carry criminal penalties.

The Directive states that all VA providers must follow Federal rules and cannot complete any form, certification or recommendation, that would allow a patient to take part in a state medical marijuana program. It further states that any VA provider who completes a recommendation or prescription faces losing their registration to prescribe controlled substances and face criminal charges. The VA does not provide medical marijuana to patients and does not cover the cost of obtaining a prescription for medical marijuana from non-VA providers.

The clarification comes in response to the laws enacted in fourteen states authorizing the use of marijuana for medical purposes. These state programs usually require an individual to obtain a form from physicians to demonstrate a medical condition that can benefit from the use of medical marijuana. This Directives purpose is to clearly state that these forms cannot be completed by VA providers without consequence.

Of more importance it provides relief to many veterans who feared risking treatment at VA facilities because they are seeking to become or currently are enrolled in State Medical Marijuana programs and would be subject to treatment denial prior to this directive.