Baron23
Well-Known Member
Gone where, my friend???
|
Sponsored by |
|---|
|
|
-
Need help navigating the forum? Find out how to use our features here.
-
Did you know we have lots of smilies for you to use?
Law Cannabis for Veterans
- Thread starter momofthegoons
- Start date
Gone where, my friend???
Stevenski
Enter the Dragon
This is straying off topic mate. If you want to ask a question of that nature please use the PM system in future.
I think we both know where.
What is the issue with changing the law federally? It would seem a logical move to make. Especially when looking at the map the majority of non legal states are what I would consider non contributors federally & dependent on the federal funding teat. Would that be a poor assumption to make? Can the non contributors not be railroaded into tabling & approving the legislation by the economically viable states?
Last edited:
ataxian
In a BLACK HOLE!
To the event 2 show respect.
My brother’s wife’s family served in the military however thought respect should have been shown to ones that gave their lives 4 our freedom?
@Stevenski sorry!
Last edited:
Baron23
Well-Known Member
Actually I didn’t and no, I do not wish to take this thread into a political debate.
All good, cheers
Last edited:
Baron23
Well-Known Member
"But two powerful Republicans responsible for blocking legislation in committees, Pete Sessions of Texas and Bob Goodlatte of Virginia, will not be back in January."
Veterans’ fight for medical marijuana gains momentum
But two powerful Republicans responsible for blocking legislation in committees, Pete Sessions of Texas and Bob Goodlatte of Virginia, will not be back in January.
Sessions lost his job as chair of the House Rules Committee in a failed re-election bid. Goodlatte, who ran the House Judiciary Committee, chose to retire. As a result, wrote Deputy Director Paul Armentano of the National Organization for the Reform of Marijuana Laws, “it would be political malpractice for the (House Democrats) to not prioritize enacting comprehensive marijuana policy reform in the 116th Congress.”
However, as chair of the Senate Judiciary Committee, staunch marijuana opponent Charles Grassley of Iowa has refused to allow bipartisan legislation to reach the Senate floor for debate. Grassley, 85, isn’t up for re-election until 2022. And Trump’s pick for acting Attorney General, Matthew Whitaker, “boasted about successfully prosecuting cannabis for drug offenses” as a federal prosecutor in Iowa in 2009, said attorney Lauren Rudick.
“But we don’t know if he’s going to share Jeff Sessions’ perspectives today. Things have changed a lot since then, and 50 percent of Americans are living in states where cannabis is legal.”
Rudick will be representing appeals by Bortell, Belen, Bridgewater and the rest in U.S. District Court for the Southern District of New York on Dec. 12. In February, Judge Alvin Hellerstein rejected their complaint against DOJ. He argued they had not exhausted all administrative remedies, and should instead have petitioned the Drug Enforcement Agency for relief first.
“But doing so,” countered Rudick, “would have been a futile exercise inasmuch as the decision makers responsible for rescheduling cannabis have repeatedly rejected similar efforts over more than a decade. Also, the average amount of time that it takes to decide on a rescheduling petition takes between seven and nine years. Our plaintiffs need medical cannabis to live. They need relief now.”
A “medical refugee” who suffers from epilepsy, Alexis Bortell and her family moved three years ago from Texas, which has no medical marijuana laws, to Colorado. Her cannabis treatments employ oils and sprays, and have kept the 12-year-old’s seizures in check ever since.
But because marijuana is federally illegal, her father, 100 percent disabled Navy veteran Dean Bortell, is unable to procure life-saving products for his daughter at any military base, no matter where it’s located. Furthermore, local laws prohibit the Bortell from adhering to her medical regimen in states that ban marijuana.
If the judge accepts the plaintiffs’ appeal, says Rudick, their case will go to trial. ...
Trial or no, former Army sergeant Bridgewater is keeping a wary eye on the Attorney General’s office, as former New Jersey governor Chris Christie’s name is among those under consideration to replace Jeff Sessions full-time.
Christie, who left the governor’s office in January after eight years, brands legalization advocates as “crazy liberals” who want to “poison our kids.” He has called tax revenues from marijuana “blood money.” At a press conference last year, Christie claimed, without evidence, that teen marijuana users are 10 times more likely to get addicted to heroin by age 24.
“Christie is actually worse than Jeff Sessions when it comes to cannabis,” said Bridgewater, a Trenton, New Jersey, resident representing the Cannabis Cultural Association in the suit. In 2016, he and two other veterans convinced the State Assembly to add PTSD to New Jersey’s medical marijuana coverage.
“Christie hates cannabis. The only reason he signed on with adding PTSD was because those veteran suicide numbers started coming out,” says Bridgewater, a father of two. “It was like, you better damn well sign this thing.”
Veterans’ fight for medical marijuana gains momentum
But two powerful Republicans responsible for blocking legislation in committees, Pete Sessions of Texas and Bob Goodlatte of Virginia, will not be back in January.
Sessions lost his job as chair of the House Rules Committee in a failed re-election bid. Goodlatte, who ran the House Judiciary Committee, chose to retire. As a result, wrote Deputy Director Paul Armentano of the National Organization for the Reform of Marijuana Laws, “it would be political malpractice for the (House Democrats) to not prioritize enacting comprehensive marijuana policy reform in the 116th Congress.”
However, as chair of the Senate Judiciary Committee, staunch marijuana opponent Charles Grassley of Iowa has refused to allow bipartisan legislation to reach the Senate floor for debate. Grassley, 85, isn’t up for re-election until 2022. And Trump’s pick for acting Attorney General, Matthew Whitaker, “boasted about successfully prosecuting cannabis for drug offenses” as a federal prosecutor in Iowa in 2009, said attorney Lauren Rudick.
“But we don’t know if he’s going to share Jeff Sessions’ perspectives today. Things have changed a lot since then, and 50 percent of Americans are living in states where cannabis is legal.”
Rudick will be representing appeals by Bortell, Belen, Bridgewater and the rest in U.S. District Court for the Southern District of New York on Dec. 12. In February, Judge Alvin Hellerstein rejected their complaint against DOJ. He argued they had not exhausted all administrative remedies, and should instead have petitioned the Drug Enforcement Agency for relief first.
“But doing so,” countered Rudick, “would have been a futile exercise inasmuch as the decision makers responsible for rescheduling cannabis have repeatedly rejected similar efforts over more than a decade. Also, the average amount of time that it takes to decide on a rescheduling petition takes between seven and nine years. Our plaintiffs need medical cannabis to live. They need relief now.”
A “medical refugee” who suffers from epilepsy, Alexis Bortell and her family moved three years ago from Texas, which has no medical marijuana laws, to Colorado. Her cannabis treatments employ oils and sprays, and have kept the 12-year-old’s seizures in check ever since.
But because marijuana is federally illegal, her father, 100 percent disabled Navy veteran Dean Bortell, is unable to procure life-saving products for his daughter at any military base, no matter where it’s located. Furthermore, local laws prohibit the Bortell from adhering to her medical regimen in states that ban marijuana.
If the judge accepts the plaintiffs’ appeal, says Rudick, their case will go to trial. ...
Trial or no, former Army sergeant Bridgewater is keeping a wary eye on the Attorney General’s office, as former New Jersey governor Chris Christie’s name is among those under consideration to replace Jeff Sessions full-time.
Christie, who left the governor’s office in January after eight years, brands legalization advocates as “crazy liberals” who want to “poison our kids.” He has called tax revenues from marijuana “blood money.” At a press conference last year, Christie claimed, without evidence, that teen marijuana users are 10 times more likely to get addicted to heroin by age 24.
“Christie is actually worse than Jeff Sessions when it comes to cannabis,” said Bridgewater, a Trenton, New Jersey, resident representing the Cannabis Cultural Association in the suit. In 2016, he and two other veterans convinced the State Assembly to add PTSD to New Jersey’s medical marijuana coverage.
“Christie hates cannabis. The only reason he signed on with adding PTSD was because those veteran suicide numbers started coming out,” says Bridgewater, a father of two. “It was like, you better damn well sign this thing.”
Baron23
Well-Known Member
Special Report: Current issues in marijuana regulation – Veterans struggle to gain access to medical marijuana
Thirty-three states and the District of Columbia have enacted medical marijuana programs. Despite this expansion military veterans often face greater obstacles to gaining access to medical marijuana than other groups. Veterans suffer widespread health problems including chronic pain, traumatic brain injuries, and post-traumatic stress disorder at a rate higher than the general population. When veterans seek medical care from the federal Veterans Administration health system, they not only lack access to medical marijuana but may fear jeopardizing all federal benefits if they admit to personal use.[1] Notwithstanding the rapid spread of medical marijuana across the United States, many veterans report feeling left behind.[2]
Military Veterans and Health Problems
A military veteran is defined as a person who previously served in the United States military. This group includes both wartime and peacetime veterans. There are over 20 million veterans currently living in the United States. The majority of these served during Vietnam or the War on Terror campaigns. Veterans are increasingly underrepresented in legislative decision-making progress. The percentage of veterans serving in Congress declined from 81% in 1975 down to approximately 20% today.[3]
Veterans face unique health risks as a result of their military service. The most obvious are physical wounds from gunshots, indirect fire, or improvised explosive devices. These wounds range from minor to catastrophic. Many of these injuries require ongoing medical care and pain management. Advances in battlefield medicine have resulted in fewer battlefield deaths, but also a larger proportion of veterans returning home with ongoing medical needs. Some military veterans are exposed to special chemical, environmental or biological hazards, such as Agent Orange in Vietnam or burning oil wells in Iraq.
Perhaps the most characteristic medical problem of veterans is post-traumatic stress disorder (“PTSD”). The VA estimates roughly 15% of Vietnam veterans currently suffer from PTSD, but as many as 30% have experienced PTSD at some point in their lives. About 12% of Desert Storm veterans experience PTSD, and between 11% to 20% of War on Terror (Operation Iraqi Freedom and Operation Enduring Freedom) veterans suffer from the disorder.[4] By comparison, only about 3.5% of the general adult population suffers from PTSD. Combat stress is a common cause of PTSD, although some veterans suffer as the result of sexual assault while serving in uniform. Sexual assault in the military occurs at a higher rate than the general population.
PTSD was formerly known as “shell shock” or “combat fatigue” during the mid-twentieth century. Many patients with PTSD report having flashbacks or intrusive thoughts which result in involuntarily re-living past traumatic events. Other symptoms include; avoiding reminders, negative thoughts or feelings, and arousal and reactive symptoms.[5] The most common treatments for PTSD are cognitive behavioral therapy or selective serotonin uptake inhibitors (SSRIs) including Paxil, Zoloft, and Prozac.[6] SSRIs have side effects including insomnia, drowsiness, nausea, dizziness, nervousness, agitation, dry mouth, headache, blurred vision, and sexual problems.[7]
Veterans suffer from mental illness and suicide at a rate 22% greater than the general population. On average 20 veterans commit suicide every day and 6 of these will have recently used VHA services.[8]
Other common health problems include tinnitus, hearing loss, and lower-back pain. Veterans may also suffer chronic pain resulting from injuries unrelated to combat including training injuries and auto accidents.
What is the VA’s Position of Medical Marijuana?
Because the VA is a federal agency it adheres to marijuana’s complete illegality as a Schedule 1 controlled substance.[9] The VA position on medical marijuana is documented in VHA Directive 1315.[10] Although VHA Directive 1315 states that veterans must not be denied VA benefits solely due to participation in a state medical marijuana program, marijuana use must be entered into the patient’s electronic medical records.[11] The VA cannot recommend or prescribe medical marijuana under any circumstances.[12]
Nine million veterans are enrolled in the Department of Veterans Affairs (VA) healthcare program (VHA).[13] The VA has one of the lowest favorability ratings of any federal agency. Recent scandals such as Walter Reed hospital have brought to public view some of the challenges patients of VA medical care experience.
According to the VHA website, it is: the nation’s largest health care system, employs more than 306,000 full time health care professionals and support staff at 1,243 health care facilities, including 172 VA Medical Centers and 1,062 outpatient sites of care of varying complexity (VHA outpatient clinics).
VHA is the nation’s largest provider of graduate medical education and a major contributor to medical and scientific research. More than 73,000 active volunteers, 127,000 health professions trainees, and approximately 15,000 affiliated medical faculty are also an integral part of the VHA community.[14]
A recent study by the American Legion suggests 22% of veterans are already using marijuana for medicinal purposes. 92% of veterans support research into medical cannabis and 83% of all veteran households support legalizing medical cannabis. 60% of respondents did not live in a state with medical cannabis.[15] The VA reports about 60% of combat veterans and 50% of older veterans suffer from chronic pain, compared to 30% of Americans nationwide.[16] Many of these veterans are prescribed opiates for their chronic pain. A recent report from the National Institutes of Health found the rate of accidental poisoning mortality for VHA patients is twice that of the general population.[17]
Veterans may participate in state-level medical and recreational marijuana programs. However, they must pay for medical marijuana out of pocket. If veterans cannot afford healthcare outside of the VHA system, they may be financially incapable of participating in state-level medical marijuana programs. VHA treatment may require blood testing and urinalysis which can reveal marijuana use. There is anecdotal evidence the Lyons New Jersey Veterans Affair Medical Center in Somerset County is disregarding positive marijuana results from patients in New Jersey’s medical marijuana program.[18] Lyons is one of two VHA treatment facilities in New Jersey.
III. Currently Serving Military
Current members of the military are subject to the Uniform Code of Military Justice (UCMJ) and subject to monthly drug-testing.[19] The Army’s Substance Abuse Program (ASAP) is detailed in AR 600-85. These regulations also cover members of the National Guard and Reserves who serve in states with medical marijuana programs. The UCMJ applies to members on the military at all times, including both on and off post and in and out of uniform. Failing a drug test can result in demotion, administrative actions, or an other-than-honorable discharge. A dishonorable discharge greatly reduces a veteran’s eligibility for federal benefits. The Department of Defense makes no exceptions for active or reserve duty personnel for medical marijuana use, even if such use is legal under applicable state laws. Unlike civilian courts, court-martial proceedings have broad discretion to administer judicial punishment including a bad conduct discharge, confinement, fines, and reduction in rank.
The use and possession of marijuana is prohibited under the UCMJ by Section 912a, Article 112a (10 U.S.C.S. § 912a):
(a) Any person subject to this chapter [10 USCS §§ 801 et seq.] who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.[20]
Many minor infractions involving marijuana possession are likely handled informally by unit commanders and senior non-commissioned officers on a case by case basis. Unit commanders may also administer Article 15 non-judicial punishment. The Army requires annual substance abuse briefings for all soldiers. Some commanders have suggested owning cannabis-related stocks can negatively affect their security clearance.[21]
United States v. Gonzales, No. ACM S32386, 2017 CCA LEXIS 522 (A.F. Ct. Crim. App. Aug. 2, 2017) is indicative of how military courts treat medical marijuana use by active-duty servicemembers. In Gonzales, a servicemember with a California medical marijuana card pled guilty to violating UCMJ Article 112a. He was sentenced to a bad-conduct discharge and sentenced to two months in confinement.
Service members married to lawful medical marijuana patients may also face punishment under the UCMJ. Military courts have come to inconsistent conclusions when considering marijuana within the marital home. Cohabitating spouses are generally presumed to have control over marital property including the ability to consent to a search. United States v. Matlock, 415 U.S. 164, 94 S. Ct. 988 (1974), Illinois v. Rodriguez, 497 U.S. 177, 110 S. Ct. 2793 (1990). Different military courts have reached different conclusions regarding how broadly to apply constructive possession should be applied to particular facts. It is well established that military courts may use circumstantial evidence to establish guilt. United States v. Roberts, 59 M.J. 323 (C.A.A.F. 2004), United States v. Lewis, 51 M.J. 376, 380 (C.A.A.F. 1999), United States v. Caballero, 37 M.J. 422, 425 (C.M.A. 1993).
These determinations are extremely fact-specific and difficult to predict. One military court held that a large amount quantity of marijuana found in an on-base apartment may not be enough for a conviction if there is evidence the servicemember was “just a bystander.” United States V. Trevino, 50 C.M.R. 381 (U.S. A.F.C.M.R. 1975). A conviction requires clear and compelling evidence of guilt. The evidence instead indicated the marijuana was under the control of visiting family of the servicemember’s spouse:
Here, without dispute, the marihuana was discovered in the accused’s apartment and the circumstances gave rise to an inference that it was being possessed with the intent to distribute the substance. However, if true, the accused’s statement that the marihuana was not his and that he had nothing whatever to do with it, all of which was corroborated, constituted a complete defense to the offenses charged. By the terms of his explanation, the accused was no more than a bystander who, by the force of circumstances, had knowledge of the presence of marihuana. In short, he just “happened to be where the action was.” United States v Myers, 20 USCMA 269, 43 CMR 109 (1971). Possession, in the context of the offenses here charged, requires more than that; it “involves the exercise of dominion and control over the thing allegedly possessed . . . and it is not enough to place [an accused] in the presence of other persons having possession to import possession to him.” United States v Myers, supra; see United States v Aloyian, 16 USCMA 333, 36 CMR 489 [**9] (1966). United States V. Trevino, 50 C.M.R. 381 (U.S. A.F.C.M.R. 1975).
Likewise, in United States v. Grubbs, No. ARMY 20021404, 2004 CCA LEXIS 434 (A. Ct. Crim. App. Sep. 9, 2004) a defendant soldier’s guilty plea to on-post marijuana possession was set aside because the trial judge did not explain constructive possession involves a knowledge requirement. In Grubbs, the soldier admitted two grams of marijuana was found in his dresser, but he was not asked how it got there or how he knew the substance was marijuana. The soldier was still given a bad-conduct discharge, a reduction in rank, fined, and ordered to a period of confinement on other grounds.
In United States v. Corpening, 38 M.J. 605 (U.S. A.F.C.M.R. 1993) a soldier successfully challenged his court martial because all the elements of constructive possession were not proven. In Corpening marijuana was found in a car in which soldier was travelling, but this alone was not sufficient to prove constructive possession.
An accused may be convicted of wrongful possession of illicit drugs either by proof of actual physical control or by knowingly exercising dominion and control over the contraband, that is, “constructive possession.” United States v. Wilson, 7 M.J. 290 (C.M.A. 1979). The mere presence of an accused on the premises where an illicit drug is found or his proximity to a proscribed drug is, of itself, insufficient to support a conviction based on constructive possession of the drug. Id. at 294; Moore v. United States, 429 U.S. 20 (1976); United States v. Gainey, 380 U.S. 63 (1975). The government must also establish that the appellant had the right to or was in a position to exercise dominion and control over the drugs. Wilson, 7 M.J. at 293. United States v. Corpening, 38 M.J. 605 (U.S. A.F.C.M.R. 1993).
These rulings create considerable uncertainty for servicemembers married to lawful medical marijuana patients. At least some lawyers have concluded servicemembers face UCMJ punishment for holding medical marijuana for their spouse in an off-post marital home.[22] If members of the military are married to a spouse lawfully using medical marijuana the best course of action is to err on the side of caution. One option is for the spouse to withdraw from their state’s medical marijuana program completely. Another option is to store and consume medical marijuana exclusively at a separate location, although this creates potential logistical and public safety risks including impaired driving.
If medical marijuana is stored within the marital home, both spouses should ensure any marijuana is not in a common area, comingled with servicemembers property, or otherwise in an area under the servicemember’s exclusive control such as a dresser or container. The risk that a military court could use circumstantial evidence to prove a servicemember had constructive possession of a controlled substance is significant. Responsible attorneys should counsel military spouses of these risks and encourage proactive measures to prevent jeopardizing a military career and its associated benefits.
Active duty servicemembers and their families receive healthcare through the TRICARE system. TRICARE provides coverage for 9.4 million beneficiaries.[23] TRICARE is a member organization in the Defense Health Agency and the Military Health System. Because TRICARE is a federal agency it adheres to the complete illegality of cannabis as a controlled substance under federal law.
Proposals for Reform
Several veteran’s groups advocate for greater access to medical marijuana. These include Veterans for Medical Cannabis Access and the Veterans Cannabis Project.[24] Representative Lou Correa (D-CA) stated he plans to introduce federal legislation to direct the Department of Veterans Affairs to research whether marijuana is a safe treatment for PTSD and other battlefield related-injuries.[25] Representative Correa sits on the House Veterans’ Affairs Committee.
In September 2018 a bill was introduced in Congress to legalize medical marijuana for veterans.[26] Known as the Veterans Medical Marijuana Safe Harbor Act, the bill was unable to move forward.[27] VA leadership has said it needs authorization from Congress to conduct research into medical marijuana.[28] The Senate previously voted to support language to allow veterans to participate in state-level medical marijuana programs, but these proposals have not been enacted into law.[29]A draft bill to support VA research into medical marijuana became the first marijuana reform bill to clear congressional committee in May 2018.[30]
It is clear VA will not embrace medical marijuana prior to federal rescheduling, FDA approval, and/or action by Congress. Opponents point out the lack of scientific research as the biggest obstacle to the reclassification of marijuana on the federal schedule of controlled substances. In May 2019 the VA stated it opposes legislation encouraging medical cannabis research as long as it remains illegal under federal law.[31]
Several New Jersey veterans are leading efforts to reform marijuana laws in the Garden State. Scott Rudder is the President of the New Jersey Cannabusiness Association and previously served in the New Jersey National Guard.[32] Leo Bridgewater served multiple tours in Iraq and Afghanistan. Mr. Bridgewater testified before the New Jersey Assembly in favor of including PTSD as a qualifying condition medical marijuana.[33] Mr. Bridgewater also serves as National Director of Veteran Outreach for Minorities for Medical Marijuana.[34] New Jersey native and Navy veteran Matt Bellina successfully led the effort to pass federal “Right to Try” legislation for terminally ill patients.[35] (Right to Try only includes medicines which have passed an FDA Phase 1 trial.)
New Jersey’s medical marijuana program offers a discounted registration fee for veterans. In response to Governor’s Executive Order No. 6, the State of New Jersey Department of Health lowered the fee to $20 for veterans and senior citizens. If federal legislation is passed allowing veterans access to medical marijuana, experts expect a sharp jump in enrollment in New Jersey’s program.[36] New Jersey’s proposed legalization bill envisions set asides to ensure at least 15% of licenses go to disabled veterans. (S2703/A New Jersey Cannabis Regulatory and Expungement Aid Modernization Act).
Conclusion
Veterans are more likely to suffer from chronic health problems than other Americans.[37] Many of these health problems may be difficult or dangerous to treat with traditional medicine including opiates and other pharmaceuticals. Although many veterans feel PTSD and other widespread veteran’s health issues could be better treated with medical marijuana, much more scientific research is required. Because many veterans rely on the VA for healthcare they encounter some of the greatest disincentives to participate in state-level medical marijuana programs. Veterans remain caught in the middle ground between states expanding medical marijuana programs and the regulatory inertia of the federal government.[38]
FOOTNOTES
[1] Travis Tritten, Retirees Unlikely to Face UCMJ Charges for Smoking Pot, Stars and Stripes (July 12, 2014), https://www.stripes.com/news/retirees-unlikely-to-face-ucmj-charges-for-....
[2] M. Todd Hunter, The Cannabis Cure, Disabled American Veterans (November 6, 2018), https://www.dav.org/learn-more/news/2018/the-cannabis-cure/.
[3] Kristen Bialik, The Changing Face of America’s Veteran Population, Pew Research Center (November 10, 2017),
http://www.pewresearch.org/fact-tank/2017/11/10/the-changing-face-of-ame....
[4] How Common is PTSD in Veterans?, U.S. Department of Veterans Affairs, https://www.ptsd.va.gov/understand/common/common_veterans.asp.
[5] Ranna Parekh, What is Posttraumatic Stress Disorder?, American Psychiatric Association (January 2017), https://www.psychiatry.org/patients-families/ptsd/what-is-ptsd.
[6] Treatment for PTSD, Anxiety and Depression Association of America, https://adaa.org/understanding-anxiety/posttraumatic-stress-disorder-pts....
[7] Selective Serotonin Reuptake Inhibitors, The Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/depression/in-depth/ssris....
[8] Suicide Among Veterans and Other Americans, U.S. Department of Veterans Affairs (August 3, 2016), https://www.mentalhealth.va.gov/docs/2016suicidedatareport.pdf
[9] VA and Marijuana – What Veterans Need to Know, https://www.publichealth.va.gov/marijuana.asp
[10] VHA Directive 1315: Access To VHA Clinical Programs For Veterans Participating In
State-Approved Marijuana Programs, Department of Veterans Affairs Veterans Health Association (December 8, 2017), https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5711.
[11] “It is VHA policy that:
[12] “Each VA medical facility Director, or designee, is responsible for ensuring VA facility staff are aware of the following:
(1) Clinical staff may discuss with Veterans relevant clinical information regarding marijuana and when this is discussed it must be documented in the Veteran’s medical record. Veterans must not be denied VHA services solely because they are participating in State-approved marijuana programs. Providers need to make decisions to modify treatment plans based on marijuana use on a case-by-case basis, such decisions need to be made in partnership with the Veteran and must be based on concerns regarding Veteran health and safety.
(2) The prohibition on recommending, making referrals to or completing forms and registering Veterans for participation in State-approved marijuana programs.” Id.
[13] Veterans Health Administration, U.S. Department of Veterans Affairs (December 27, 2018), https://www.va.gov/health/aboutvha.asp.
[14] Id.
[15] Survey Shows Veteran Households Support Research of Medical Cannabis, The American Legion (November 2, 2017), https://www.legion.org/veteranshealthcare/239814/survey-shows-veteran-ho....
[16] Carolyn Clancy, Statement of Dr. Carolyn Clancy, M.D. Interim Under Secretary for Health Veterans Health Administration (VHA) Department Of Veterans Affairs (VA) Before The Committee On Veterans’ Affairs United States Senate (March 26, 2015), https://www.veterans.senate.gov/imo/media/doc/VA%20Clancy%20Testimony%20....
[17] Bohnert, Ilgen, Galea, McCarthy, Blow, Accidental Poisoning Mortality Among Patients in the Department of Veterans Affairs Health System (April 2011),
https://www.ncbi.nlm.nih.gov/pubmed/21407033.
[18] James Clark, A Well-Kept Secret: How Vets And Their Doctors Are Getting Around The VA’s Medical Marijuana Policy, Task & Purpose (October 26, 2017), https://taskandpurpose.com/va-medical-marijuana-policy-veterans.
[19] AR 135-178 Chapter 12-1d discusses discharge for abuse of illegal drugs or alcohol.
[20] UCMJ Article 912.a also applies to; (2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article. (3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
[21] Owning Marijuana Company Stocks Could Endanger Your Security Clearance, Military.com, https://www.military.com/money/personal-finance/owning-marijuana-company....
[22] Medical Marijuana and the Military, https://www.ucmj-defender.com/marijuana-legalization-and-military/.
[23] Tri-Care Facts and Figures, https://www.tricare.mil/About/Facts.
[24] Veterans Cannabis Project, https://www.vetscp.org/; Veterans for Medical Cannabis Access, http://www.veteransformedicalmarijuana.org/.
[25] Leo Shane III, Can Medical Marijuana for Veterans Move Forward in 2019?, Military Times (December 28, 2018), https://www.militarytimes.com/news/pentagon-congress/2018/12/28/can-medi....
[26] Tom Angell, Senate Bill Would Legalize Medical Marijuana for Military Veterans, Forbes (September 5, 2018), https://www.forbes.com/sites/tomangell/2018/09/05/senate-bill-legalizes-....
[27] Justin Strekal, The Congress Just Failed our Nation’s Veterans When it comes to Medical Marijuana, The Hill (September 12, 2018), https://thehill.com/opinion/healthcare/406352-congress-just-failed-our-n....
[28] Tom Angell, V.A. Doesn’t Understand Marijuana Laws, So Veterans Lose Access, Marijuana Moment (November 15, 2017), https://www.marijuanamoment.net/v-doesnt-understand-marijuana-laws-veter....
[29] Tom Angell, Senate Approves Medical Marijuana for Military Veterans and Advances Hemp Legalization, Marijuana Moment (June 25, 2018), https://www.marijuanamoment.net/senate-approves-medical-marijuana-for-mi....
[30] Tom Angell, First Marijuana Reform Bill Clears Congressional Committee, Marijuana Moment (May 8, 2018), https://www.marijuanamoment.net/first-marijuana-reform-bill-clears-congr....
[31] Patricia Kime, VA Comes Out Against Bills on Medical Marijuana for Veterans, Military.com (May 2, 2019), https://www.military.com/daily-news/2019/05/02/va-comes-out-against-bill...
[32] NJCBA Leadership Team, New Jersey Cannabusiness Association, https://newjerseycannabusiness.com/board.
[33] Leo Bridgewater, The Cannabis Reporter, https://www.thecannabisreporter.com/leo-bridgewater/.
[34] About Us, Minorities 4 Medical Marijuana, https://minorities4medicalmarijuana.org/about-us.
[35] Jo Ciavaglia, Matt Bellina is the face of the “Have A Heart” Foundation’s fight for the Right to Try and raising Funds for ALS Research for a Cure! Have a Heart NAC Foundation, https://myrighttotrynow.com/2017/08/matt-bellina-the-face-of-right-to-try/.
[36] Payton Guion, N.J. Veterans Can’t Get Marijuana through VA Doctors. This Measure Could Change That, NJ.com (June 28, 2018), https://www.nj.com/marijuana/2018/06/nj_veterans_could_soon_see_their_va....
[37] Veterans and Medical Cannabis, Americans for Safe Access (July 2014), https://www.safeaccessnow.org/veterans-cannabis.
[38] Many thanks to Professor McNichol for his invaluable feedback during previous drafts of this paper. This paper is meant to be only a general overview of legal issues facing veterans and members of the military in states with medical marijuana programs.
There are numerous other detailed issues on this subject worthy of scholarship and research, but these are outside the scope of this assignment. Some of these topics include; detailed analysis of recent scientific research, veteran’s access to CBD, restrictions on Second Amendment rights pursuant to participation in medical marijuana programs (roughly 50% of veterans are gun-owners), Drug-Free Workplace laws, the various competing proposals for reform at the federal level, military rules of civil procedure and evidence, marijuana use and security clearances, waiver requirements regarding enlistment and past marijuana-use, and the declining representation of veterans in Congress.
Thirty-three states and the District of Columbia have enacted medical marijuana programs. Despite this expansion military veterans often face greater obstacles to gaining access to medical marijuana than other groups. Veterans suffer widespread health problems including chronic pain, traumatic brain injuries, and post-traumatic stress disorder at a rate higher than the general population. When veterans seek medical care from the federal Veterans Administration health system, they not only lack access to medical marijuana but may fear jeopardizing all federal benefits if they admit to personal use.[1] Notwithstanding the rapid spread of medical marijuana across the United States, many veterans report feeling left behind.[2]
Military Veterans and Health Problems
A military veteran is defined as a person who previously served in the United States military. This group includes both wartime and peacetime veterans. There are over 20 million veterans currently living in the United States. The majority of these served during Vietnam or the War on Terror campaigns. Veterans are increasingly underrepresented in legislative decision-making progress. The percentage of veterans serving in Congress declined from 81% in 1975 down to approximately 20% today.[3]
Veterans face unique health risks as a result of their military service. The most obvious are physical wounds from gunshots, indirect fire, or improvised explosive devices. These wounds range from minor to catastrophic. Many of these injuries require ongoing medical care and pain management. Advances in battlefield medicine have resulted in fewer battlefield deaths, but also a larger proportion of veterans returning home with ongoing medical needs. Some military veterans are exposed to special chemical, environmental or biological hazards, such as Agent Orange in Vietnam or burning oil wells in Iraq.
Perhaps the most characteristic medical problem of veterans is post-traumatic stress disorder (“PTSD”). The VA estimates roughly 15% of Vietnam veterans currently suffer from PTSD, but as many as 30% have experienced PTSD at some point in their lives. About 12% of Desert Storm veterans experience PTSD, and between 11% to 20% of War on Terror (Operation Iraqi Freedom and Operation Enduring Freedom) veterans suffer from the disorder.[4] By comparison, only about 3.5% of the general adult population suffers from PTSD. Combat stress is a common cause of PTSD, although some veterans suffer as the result of sexual assault while serving in uniform. Sexual assault in the military occurs at a higher rate than the general population.
PTSD was formerly known as “shell shock” or “combat fatigue” during the mid-twentieth century. Many patients with PTSD report having flashbacks or intrusive thoughts which result in involuntarily re-living past traumatic events. Other symptoms include; avoiding reminders, negative thoughts or feelings, and arousal and reactive symptoms.[5] The most common treatments for PTSD are cognitive behavioral therapy or selective serotonin uptake inhibitors (SSRIs) including Paxil, Zoloft, and Prozac.[6] SSRIs have side effects including insomnia, drowsiness, nausea, dizziness, nervousness, agitation, dry mouth, headache, blurred vision, and sexual problems.[7]
Veterans suffer from mental illness and suicide at a rate 22% greater than the general population. On average 20 veterans commit suicide every day and 6 of these will have recently used VHA services.[8]
Other common health problems include tinnitus, hearing loss, and lower-back pain. Veterans may also suffer chronic pain resulting from injuries unrelated to combat including training injuries and auto accidents.
What is the VA’s Position of Medical Marijuana?
Because the VA is a federal agency it adheres to marijuana’s complete illegality as a Schedule 1 controlled substance.[9] The VA position on medical marijuana is documented in VHA Directive 1315.[10] Although VHA Directive 1315 states that veterans must not be denied VA benefits solely due to participation in a state medical marijuana program, marijuana use must be entered into the patient’s electronic medical records.[11] The VA cannot recommend or prescribe medical marijuana under any circumstances.[12]
Nine million veterans are enrolled in the Department of Veterans Affairs (VA) healthcare program (VHA).[13] The VA has one of the lowest favorability ratings of any federal agency. Recent scandals such as Walter Reed hospital have brought to public view some of the challenges patients of VA medical care experience.
According to the VHA website, it is: the nation’s largest health care system, employs more than 306,000 full time health care professionals and support staff at 1,243 health care facilities, including 172 VA Medical Centers and 1,062 outpatient sites of care of varying complexity (VHA outpatient clinics).
VHA is the nation’s largest provider of graduate medical education and a major contributor to medical and scientific research. More than 73,000 active volunteers, 127,000 health professions trainees, and approximately 15,000 affiliated medical faculty are also an integral part of the VHA community.[14]
A recent study by the American Legion suggests 22% of veterans are already using marijuana for medicinal purposes. 92% of veterans support research into medical cannabis and 83% of all veteran households support legalizing medical cannabis. 60% of respondents did not live in a state with medical cannabis.[15] The VA reports about 60% of combat veterans and 50% of older veterans suffer from chronic pain, compared to 30% of Americans nationwide.[16] Many of these veterans are prescribed opiates for their chronic pain. A recent report from the National Institutes of Health found the rate of accidental poisoning mortality for VHA patients is twice that of the general population.[17]
Veterans may participate in state-level medical and recreational marijuana programs. However, they must pay for medical marijuana out of pocket. If veterans cannot afford healthcare outside of the VHA system, they may be financially incapable of participating in state-level medical marijuana programs. VHA treatment may require blood testing and urinalysis which can reveal marijuana use. There is anecdotal evidence the Lyons New Jersey Veterans Affair Medical Center in Somerset County is disregarding positive marijuana results from patients in New Jersey’s medical marijuana program.[18] Lyons is one of two VHA treatment facilities in New Jersey.
III. Currently Serving Military
Current members of the military are subject to the Uniform Code of Military Justice (UCMJ) and subject to monthly drug-testing.[19] The Army’s Substance Abuse Program (ASAP) is detailed in AR 600-85. These regulations also cover members of the National Guard and Reserves who serve in states with medical marijuana programs. The UCMJ applies to members on the military at all times, including both on and off post and in and out of uniform. Failing a drug test can result in demotion, administrative actions, or an other-than-honorable discharge. A dishonorable discharge greatly reduces a veteran’s eligibility for federal benefits. The Department of Defense makes no exceptions for active or reserve duty personnel for medical marijuana use, even if such use is legal under applicable state laws. Unlike civilian courts, court-martial proceedings have broad discretion to administer judicial punishment including a bad conduct discharge, confinement, fines, and reduction in rank.
The use and possession of marijuana is prohibited under the UCMJ by Section 912a, Article 112a (10 U.S.C.S. § 912a):
(a) Any person subject to this chapter [10 USCS §§ 801 et seq.] who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.[20]
Many minor infractions involving marijuana possession are likely handled informally by unit commanders and senior non-commissioned officers on a case by case basis. Unit commanders may also administer Article 15 non-judicial punishment. The Army requires annual substance abuse briefings for all soldiers. Some commanders have suggested owning cannabis-related stocks can negatively affect their security clearance.[21]
United States v. Gonzales, No. ACM S32386, 2017 CCA LEXIS 522 (A.F. Ct. Crim. App. Aug. 2, 2017) is indicative of how military courts treat medical marijuana use by active-duty servicemembers. In Gonzales, a servicemember with a California medical marijuana card pled guilty to violating UCMJ Article 112a. He was sentenced to a bad-conduct discharge and sentenced to two months in confinement.
Service members married to lawful medical marijuana patients may also face punishment under the UCMJ. Military courts have come to inconsistent conclusions when considering marijuana within the marital home. Cohabitating spouses are generally presumed to have control over marital property including the ability to consent to a search. United States v. Matlock, 415 U.S. 164, 94 S. Ct. 988 (1974), Illinois v. Rodriguez, 497 U.S. 177, 110 S. Ct. 2793 (1990). Different military courts have reached different conclusions regarding how broadly to apply constructive possession should be applied to particular facts. It is well established that military courts may use circumstantial evidence to establish guilt. United States v. Roberts, 59 M.J. 323 (C.A.A.F. 2004), United States v. Lewis, 51 M.J. 376, 380 (C.A.A.F. 1999), United States v. Caballero, 37 M.J. 422, 425 (C.M.A. 1993).
These determinations are extremely fact-specific and difficult to predict. One military court held that a large amount quantity of marijuana found in an on-base apartment may not be enough for a conviction if there is evidence the servicemember was “just a bystander.” United States V. Trevino, 50 C.M.R. 381 (U.S. A.F.C.M.R. 1975). A conviction requires clear and compelling evidence of guilt. The evidence instead indicated the marijuana was under the control of visiting family of the servicemember’s spouse:
Here, without dispute, the marihuana was discovered in the accused’s apartment and the circumstances gave rise to an inference that it was being possessed with the intent to distribute the substance. However, if true, the accused’s statement that the marihuana was not his and that he had nothing whatever to do with it, all of which was corroborated, constituted a complete defense to the offenses charged. By the terms of his explanation, the accused was no more than a bystander who, by the force of circumstances, had knowledge of the presence of marihuana. In short, he just “happened to be where the action was.” United States v Myers, 20 USCMA 269, 43 CMR 109 (1971). Possession, in the context of the offenses here charged, requires more than that; it “involves the exercise of dominion and control over the thing allegedly possessed . . . and it is not enough to place [an accused] in the presence of other persons having possession to import possession to him.” United States v Myers, supra; see United States v Aloyian, 16 USCMA 333, 36 CMR 489 [**9] (1966). United States V. Trevino, 50 C.M.R. 381 (U.S. A.F.C.M.R. 1975).
Likewise, in United States v. Grubbs, No. ARMY 20021404, 2004 CCA LEXIS 434 (A. Ct. Crim. App. Sep. 9, 2004) a defendant soldier’s guilty plea to on-post marijuana possession was set aside because the trial judge did not explain constructive possession involves a knowledge requirement. In Grubbs, the soldier admitted two grams of marijuana was found in his dresser, but he was not asked how it got there or how he knew the substance was marijuana. The soldier was still given a bad-conduct discharge, a reduction in rank, fined, and ordered to a period of confinement on other grounds.
In United States v. Corpening, 38 M.J. 605 (U.S. A.F.C.M.R. 1993) a soldier successfully challenged his court martial because all the elements of constructive possession were not proven. In Corpening marijuana was found in a car in which soldier was travelling, but this alone was not sufficient to prove constructive possession.
An accused may be convicted of wrongful possession of illicit drugs either by proof of actual physical control or by knowingly exercising dominion and control over the contraband, that is, “constructive possession.” United States v. Wilson, 7 M.J. 290 (C.M.A. 1979). The mere presence of an accused on the premises where an illicit drug is found or his proximity to a proscribed drug is, of itself, insufficient to support a conviction based on constructive possession of the drug. Id. at 294; Moore v. United States, 429 U.S. 20 (1976); United States v. Gainey, 380 U.S. 63 (1975). The government must also establish that the appellant had the right to or was in a position to exercise dominion and control over the drugs. Wilson, 7 M.J. at 293. United States v. Corpening, 38 M.J. 605 (U.S. A.F.C.M.R. 1993).
These rulings create considerable uncertainty for servicemembers married to lawful medical marijuana patients. At least some lawyers have concluded servicemembers face UCMJ punishment for holding medical marijuana for their spouse in an off-post marital home.[22] If members of the military are married to a spouse lawfully using medical marijuana the best course of action is to err on the side of caution. One option is for the spouse to withdraw from their state’s medical marijuana program completely. Another option is to store and consume medical marijuana exclusively at a separate location, although this creates potential logistical and public safety risks including impaired driving.
If medical marijuana is stored within the marital home, both spouses should ensure any marijuana is not in a common area, comingled with servicemembers property, or otherwise in an area under the servicemember’s exclusive control such as a dresser or container. The risk that a military court could use circumstantial evidence to prove a servicemember had constructive possession of a controlled substance is significant. Responsible attorneys should counsel military spouses of these risks and encourage proactive measures to prevent jeopardizing a military career and its associated benefits.
Active duty servicemembers and their families receive healthcare through the TRICARE system. TRICARE provides coverage for 9.4 million beneficiaries.[23] TRICARE is a member organization in the Defense Health Agency and the Military Health System. Because TRICARE is a federal agency it adheres to the complete illegality of cannabis as a controlled substance under federal law.
Proposals for Reform
Several veteran’s groups advocate for greater access to medical marijuana. These include Veterans for Medical Cannabis Access and the Veterans Cannabis Project.[24] Representative Lou Correa (D-CA) stated he plans to introduce federal legislation to direct the Department of Veterans Affairs to research whether marijuana is a safe treatment for PTSD and other battlefield related-injuries.[25] Representative Correa sits on the House Veterans’ Affairs Committee.
In September 2018 a bill was introduced in Congress to legalize medical marijuana for veterans.[26] Known as the Veterans Medical Marijuana Safe Harbor Act, the bill was unable to move forward.[27] VA leadership has said it needs authorization from Congress to conduct research into medical marijuana.[28] The Senate previously voted to support language to allow veterans to participate in state-level medical marijuana programs, but these proposals have not been enacted into law.[29]A draft bill to support VA research into medical marijuana became the first marijuana reform bill to clear congressional committee in May 2018.[30]
It is clear VA will not embrace medical marijuana prior to federal rescheduling, FDA approval, and/or action by Congress. Opponents point out the lack of scientific research as the biggest obstacle to the reclassification of marijuana on the federal schedule of controlled substances. In May 2019 the VA stated it opposes legislation encouraging medical cannabis research as long as it remains illegal under federal law.[31]
Several New Jersey veterans are leading efforts to reform marijuana laws in the Garden State. Scott Rudder is the President of the New Jersey Cannabusiness Association and previously served in the New Jersey National Guard.[32] Leo Bridgewater served multiple tours in Iraq and Afghanistan. Mr. Bridgewater testified before the New Jersey Assembly in favor of including PTSD as a qualifying condition medical marijuana.[33] Mr. Bridgewater also serves as National Director of Veteran Outreach for Minorities for Medical Marijuana.[34] New Jersey native and Navy veteran Matt Bellina successfully led the effort to pass federal “Right to Try” legislation for terminally ill patients.[35] (Right to Try only includes medicines which have passed an FDA Phase 1 trial.)
New Jersey’s medical marijuana program offers a discounted registration fee for veterans. In response to Governor’s Executive Order No. 6, the State of New Jersey Department of Health lowered the fee to $20 for veterans and senior citizens. If federal legislation is passed allowing veterans access to medical marijuana, experts expect a sharp jump in enrollment in New Jersey’s program.[36] New Jersey’s proposed legalization bill envisions set asides to ensure at least 15% of licenses go to disabled veterans. (S2703/A New Jersey Cannabis Regulatory and Expungement Aid Modernization Act).
Conclusion
Veterans are more likely to suffer from chronic health problems than other Americans.[37] Many of these health problems may be difficult or dangerous to treat with traditional medicine including opiates and other pharmaceuticals. Although many veterans feel PTSD and other widespread veteran’s health issues could be better treated with medical marijuana, much more scientific research is required. Because many veterans rely on the VA for healthcare they encounter some of the greatest disincentives to participate in state-level medical marijuana programs. Veterans remain caught in the middle ground between states expanding medical marijuana programs and the regulatory inertia of the federal government.[38]
FOOTNOTES
[1] Travis Tritten, Retirees Unlikely to Face UCMJ Charges for Smoking Pot, Stars and Stripes (July 12, 2014), https://www.stripes.com/news/retirees-unlikely-to-face-ucmj-charges-for-....
[2] M. Todd Hunter, The Cannabis Cure, Disabled American Veterans (November 6, 2018), https://www.dav.org/learn-more/news/2018/the-cannabis-cure/.
[3] Kristen Bialik, The Changing Face of America’s Veteran Population, Pew Research Center (November 10, 2017),
http://www.pewresearch.org/fact-tank/2017/11/10/the-changing-face-of-ame....
[4] How Common is PTSD in Veterans?, U.S. Department of Veterans Affairs, https://www.ptsd.va.gov/understand/common/common_veterans.asp.
[5] Ranna Parekh, What is Posttraumatic Stress Disorder?, American Psychiatric Association (January 2017), https://www.psychiatry.org/patients-families/ptsd/what-is-ptsd.
[6] Treatment for PTSD, Anxiety and Depression Association of America, https://adaa.org/understanding-anxiety/posttraumatic-stress-disorder-pts....
[7] Selective Serotonin Reuptake Inhibitors, The Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/depression/in-depth/ssris....
[8] Suicide Among Veterans and Other Americans, U.S. Department of Veterans Affairs (August 3, 2016), https://www.mentalhealth.va.gov/docs/2016suicidedatareport.pdf
[9] VA and Marijuana – What Veterans Need to Know, https://www.publichealth.va.gov/marijuana.asp
[10] VHA Directive 1315: Access To VHA Clinical Programs For Veterans Participating In
State-Approved Marijuana Programs, Department of Veterans Affairs Veterans Health Association (December 8, 2017), https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5711.
[11] “It is VHA policy that:
- VHA providers and/or pharmacists discuss with the Veteran marijuana use, due to its clinical relevance to patient care, and discuss marijuana use with any Veterans requesting information about marijuana;
- To comply with Federal laws such as the Controlled Substances Act (Title 21 United States Code (U.S.C.) 801 et. al.), VHA providers are prohibited from completing forms or registering Veterans for participation in a State approved marijuana program; and,
- VHA providers and/or pharmacists should discuss with patients how their use of State-approved medical marijuana to treat medical or psychiatric symptoms or conditions may relate to the Veterans participation in other clinical activities, (e.g., discuss how marijuana may impact other aspects of the overall care of the Veteran such as how marijuana may interact with other medications the Veteran is taking, or how the use of marijuana may impact other aspects of the overall care of the Veteran such as pain management, Post-Traumatic Stress Disorder (PTSD), or substance use disorder treatment).” Id.
[12] “Each VA medical facility Director, or designee, is responsible for ensuring VA facility staff are aware of the following:
(1) Clinical staff may discuss with Veterans relevant clinical information regarding marijuana and when this is discussed it must be documented in the Veteran’s medical record. Veterans must not be denied VHA services solely because they are participating in State-approved marijuana programs. Providers need to make decisions to modify treatment plans based on marijuana use on a case-by-case basis, such decisions need to be made in partnership with the Veteran and must be based on concerns regarding Veteran health and safety.
(2) The prohibition on recommending, making referrals to or completing forms and registering Veterans for participation in State-approved marijuana programs.” Id.
[13] Veterans Health Administration, U.S. Department of Veterans Affairs (December 27, 2018), https://www.va.gov/health/aboutvha.asp.
[14] Id.
[15] Survey Shows Veteran Households Support Research of Medical Cannabis, The American Legion (November 2, 2017), https://www.legion.org/veteranshealthcare/239814/survey-shows-veteran-ho....
[16] Carolyn Clancy, Statement of Dr. Carolyn Clancy, M.D. Interim Under Secretary for Health Veterans Health Administration (VHA) Department Of Veterans Affairs (VA) Before The Committee On Veterans’ Affairs United States Senate (March 26, 2015), https://www.veterans.senate.gov/imo/media/doc/VA%20Clancy%20Testimony%20....
[17] Bohnert, Ilgen, Galea, McCarthy, Blow, Accidental Poisoning Mortality Among Patients in the Department of Veterans Affairs Health System (April 2011),
https://www.ncbi.nlm.nih.gov/pubmed/21407033.
[18] James Clark, A Well-Kept Secret: How Vets And Their Doctors Are Getting Around The VA’s Medical Marijuana Policy, Task & Purpose (October 26, 2017), https://taskandpurpose.com/va-medical-marijuana-policy-veterans.
[19] AR 135-178 Chapter 12-1d discusses discharge for abuse of illegal drugs or alcohol.
[20] UCMJ Article 912.a also applies to; (2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article. (3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) that is listed in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
[21] Owning Marijuana Company Stocks Could Endanger Your Security Clearance, Military.com, https://www.military.com/money/personal-finance/owning-marijuana-company....
[22] Medical Marijuana and the Military, https://www.ucmj-defender.com/marijuana-legalization-and-military/.
[23] Tri-Care Facts and Figures, https://www.tricare.mil/About/Facts.
[24] Veterans Cannabis Project, https://www.vetscp.org/; Veterans for Medical Cannabis Access, http://www.veteransformedicalmarijuana.org/.
[25] Leo Shane III, Can Medical Marijuana for Veterans Move Forward in 2019?, Military Times (December 28, 2018), https://www.militarytimes.com/news/pentagon-congress/2018/12/28/can-medi....
[26] Tom Angell, Senate Bill Would Legalize Medical Marijuana for Military Veterans, Forbes (September 5, 2018), https://www.forbes.com/sites/tomangell/2018/09/05/senate-bill-legalizes-....
[27] Justin Strekal, The Congress Just Failed our Nation’s Veterans When it comes to Medical Marijuana, The Hill (September 12, 2018), https://thehill.com/opinion/healthcare/406352-congress-just-failed-our-n....
[28] Tom Angell, V.A. Doesn’t Understand Marijuana Laws, So Veterans Lose Access, Marijuana Moment (November 15, 2017), https://www.marijuanamoment.net/v-doesnt-understand-marijuana-laws-veter....
[29] Tom Angell, Senate Approves Medical Marijuana for Military Veterans and Advances Hemp Legalization, Marijuana Moment (June 25, 2018), https://www.marijuanamoment.net/senate-approves-medical-marijuana-for-mi....
[30] Tom Angell, First Marijuana Reform Bill Clears Congressional Committee, Marijuana Moment (May 8, 2018), https://www.marijuanamoment.net/first-marijuana-reform-bill-clears-congr....
[31] Patricia Kime, VA Comes Out Against Bills on Medical Marijuana for Veterans, Military.com (May 2, 2019), https://www.military.com/daily-news/2019/05/02/va-comes-out-against-bill...
[32] NJCBA Leadership Team, New Jersey Cannabusiness Association, https://newjerseycannabusiness.com/board.
[33] Leo Bridgewater, The Cannabis Reporter, https://www.thecannabisreporter.com/leo-bridgewater/.
[34] About Us, Minorities 4 Medical Marijuana, https://minorities4medicalmarijuana.org/about-us.
[35] Jo Ciavaglia, Matt Bellina is the face of the “Have A Heart” Foundation’s fight for the Right to Try and raising Funds for ALS Research for a Cure! Have a Heart NAC Foundation, https://myrighttotrynow.com/2017/08/matt-bellina-the-face-of-right-to-try/.
[36] Payton Guion, N.J. Veterans Can’t Get Marijuana through VA Doctors. This Measure Could Change That, NJ.com (June 28, 2018), https://www.nj.com/marijuana/2018/06/nj_veterans_could_soon_see_their_va....
[37] Veterans and Medical Cannabis, Americans for Safe Access (July 2014), https://www.safeaccessnow.org/veterans-cannabis.
[38] Many thanks to Professor McNichol for his invaluable feedback during previous drafts of this paper. This paper is meant to be only a general overview of legal issues facing veterans and members of the military in states with medical marijuana programs.
There are numerous other detailed issues on this subject worthy of scholarship and research, but these are outside the scope of this assignment. Some of these topics include; detailed analysis of recent scientific research, veteran’s access to CBD, restrictions on Second Amendment rights pursuant to participation in medical marijuana programs (roughly 50% of veterans are gun-owners), Drug-Free Workplace laws, the various competing proposals for reform at the federal level, military rules of civil procedure and evidence, marijuana use and security clearances, waiver requirements regarding enlistment and past marijuana-use, and the declining representation of veterans in Congress.
Baron23
Well-Known Member
This is a disgrace and our country should be embarrassed about such treatment of our military vets. I was able to buy my first home due to a VA loan. This is an important benefit!!
Veterans are being denied this GI Bill benefit if they work in cannabis
The VA considers working in the marijuana business to be insufficiently ‘stable and reliable’
For 75 years, veterans purchasing a home have been able to count on help with their home loans from the U.S. Department of Veterans Affairs – home loans backed by the VA are one of the core benefits included in the 1944 GI Bill.
But a little-known rule — one the VA has never issued any policies or guidance on — makes those loans inaccessible to veterans who work in the cannabis industry, according to a group of about two dozen lawmakers.
Rep. Katherine Clark first became aware of the off-the-books policy when a veteran wrote her office after his application for help with a home loan was rejected.
The VA wrote that it considered working in cannabis to be insufficiently “stable and reliable” — even though pot sales are legal in the state for both medicinal and recreational use.
“The VA needs to catch up with the times and recognize the growing role of the cannabis economy that employs over 200,000 Americans,” Clark said in a statement. “Our veterans shouldn’t be penalized or denied the benefits they have earned because they are working in a budding industry.”
A spokesman for the VA did not reply to requests for comment on the department’s unstated policy.
The veteran asked Clark’s office not to be named because he is concerned about job security.
In a letter shared with Roll Call, roughly two dozen lawmakers acknowledge that marijuana businesses already employ nearly a quarter-million people, and the number of veterans working in the industry is likely to rise.
The letter is dated May 13; the lawmakers requested a reply clarifying the VA’s policy within 30 days.
Want insight more often? Get Roll Call in your inbox
The VA underwrites part of a mortgage loan application for eligible veterans. If the veteran defaults, the government guarantees the lender a portion of what she owes. That makes veterans and servicemembers attractive to lenders.
Veterans don’t have to make a downpayment and avoid mortgage insurance fees.
In the years following the GI Bill, zero downpayment loans programs helped drive a boom in homeownership, some economists say.
According to Clark’s office, the VA denied her constituent’s loan application because approving it would risk prosecution by U.S. Department of Justice under anti-money laundering statutes.
But the lawmakers point out that the DOJ has narrowed its prosecutions of state-sanctioned pot sales in recent years. A bill introduced in the House in March with bipartisan support would remove the legal barriers blocking some marijuana growers and dispensaries from accessing the financial system.
“The ambiguity under which the cannabis industry operates is unique, and we fully understand the VA’s aversion to legal and financial risk,” the lawmakers’ letter reads. “Denying veterans the benefits they’ve earned, however, is contrary to the intent Congress separately demonstrated in its creation of VA benefit programs.”
Democrats comprise 20 of the 21 members who signed onto the letter. They were joined by sole Republican, Alaska’s Rep. Don Young.
Veterans are being denied this GI Bill benefit if they work in cannabis
The VA considers working in the marijuana business to be insufficiently ‘stable and reliable’
For 75 years, veterans purchasing a home have been able to count on help with their home loans from the U.S. Department of Veterans Affairs – home loans backed by the VA are one of the core benefits included in the 1944 GI Bill.
But a little-known rule — one the VA has never issued any policies or guidance on — makes those loans inaccessible to veterans who work in the cannabis industry, according to a group of about two dozen lawmakers.
Rep. Katherine Clark first became aware of the off-the-books policy when a veteran wrote her office after his application for help with a home loan was rejected.
The VA wrote that it considered working in cannabis to be insufficiently “stable and reliable” — even though pot sales are legal in the state for both medicinal and recreational use.
“The VA needs to catch up with the times and recognize the growing role of the cannabis economy that employs over 200,000 Americans,” Clark said in a statement. “Our veterans shouldn’t be penalized or denied the benefits they have earned because they are working in a budding industry.”
A spokesman for the VA did not reply to requests for comment on the department’s unstated policy.
The veteran asked Clark’s office not to be named because he is concerned about job security.
In a letter shared with Roll Call, roughly two dozen lawmakers acknowledge that marijuana businesses already employ nearly a quarter-million people, and the number of veterans working in the industry is likely to rise.
The letter is dated May 13; the lawmakers requested a reply clarifying the VA’s policy within 30 days.
Want insight more often? Get Roll Call in your inbox
The VA underwrites part of a mortgage loan application for eligible veterans. If the veteran defaults, the government guarantees the lender a portion of what she owes. That makes veterans and servicemembers attractive to lenders.
Veterans don’t have to make a downpayment and avoid mortgage insurance fees.
In the years following the GI Bill, zero downpayment loans programs helped drive a boom in homeownership, some economists say.
According to Clark’s office, the VA denied her constituent’s loan application because approving it would risk prosecution by U.S. Department of Justice under anti-money laundering statutes.
But the lawmakers point out that the DOJ has narrowed its prosecutions of state-sanctioned pot sales in recent years. A bill introduced in the House in March with bipartisan support would remove the legal barriers blocking some marijuana growers and dispensaries from accessing the financial system.
“The ambiguity under which the cannabis industry operates is unique, and we fully understand the VA’s aversion to legal and financial risk,” the lawmakers’ letter reads. “Denying veterans the benefits they’ve earned, however, is contrary to the intent Congress separately demonstrated in its creation of VA benefit programs.”
Democrats comprise 20 of the 21 members who signed onto the letter. They were joined by sole Republican, Alaska’s Rep. Don Young.
ataxian
In a BLACK HOLE!
Baron23
Well-Known Member
In Vietnam?....wow, beats the shit out of me...and pretty much everybody else, tbh.
Killick
Well-Known Member
@ataxian - it's difficult to say what we're fighting for, unless it's simply to keep the economy moving. Governments discovered that wars equal profit, therefore war is good for the economy. Which is kinda sad for those altruistic young folk who join to make a difference and help people in need.
Every politician should be required to do a combat tour, im the same conditions as any other junior nco, before they are allowed to send troops into harm's way on behalf of their nation.
Every politician should be required to do a combat tour, im the same conditions as any other junior nco, before they are allowed to send troops into harm's way on behalf of their nation.
ataxian
In a BLACK HOLE!
Killick
Well-Known Member
@ataxian It's a deep topic, to be sure. It's good to be able to explore alternative opinions and narratives. A friend wrote a book about his experiences working with 'our side' in Bosnia. He was an MP, working with Intel teams, and wound up inadvertently being coached to get locals to sign up for 'The List'... translation: "The Base", "The Foundation" or "The Database". Things like this make a person ponder just wtf is happening out there, ya know?
https://en.wikipedia.org/wiki/Al-Qaeda
https://en.wikipedia.org/wiki/Al-Qaeda
ataxian
In a BLACK HOLE!
My problem with VIETNAM is seeing my cousin’s and surf friend’s all messed up when they came home from war?
When I got ATAXIA I quit surfing and shaping surfboard’s + exotic woods were my passion!
So I became a book worm and study is my passion.
Geopolitical studies R my thing at the moment?
Now I still dabble in chemistry, astrology, geology, comedy, music, acting, cannabis, architecture as well!
Thank you for helping me focus?
I read a lot of philosophical writing as well.
When I was in FRANCE I learned some new writer’s I added their book’s to my library!
Not to claim however Spanish and FRENCH (read & write to a level people make fun of?)
I do fine outside the USA?
B-4 I got into nonfiction I read Hebrew & Greek. (Fiction pretending 2-B reality?)
GEORGE ORWELL is the type of fiction easier to read!
Last edited:
Baron23
Well-Known Member
No VA loans for cannabis workers?
If you’re a veteran working in the cannabis industry looking for a VA home loan, you’ll have to decide between one form of green or the other.
A recent letter from Capitol Hill to Veterans Affairs Secretary Robert Wilkie suggests that a substantial number of veterans legally working in the cannabis industry have been being denied VA home loans.
A medical marijuana cultivation center in Albion, Ill. (Seth Perlman/AP)
Veterans in the cannabis industry are being denied because VA considers the cannabis industry incapable of being "stable and reliable,” according to a story in Roll Call, which first reported about the VA policy
The letter acknowledges that “the ambiguity under which the cannabis industry operates is unique,” and that lawmakers "fully understand the VA’s resulting aversion to legal and financial risk.”
But it goes on to say: “Denying veterans the benefits they’ve earned, however, is contrary to the intent Congress separately demonstrated in its creation of VA benefit programs.”
A VA spokesman declined to comment on the matter.
“VA appreciates the lawmakers’ views and will respond to them directly,” Curt Cashour, the VA spokesman, told Military Times.
Sign up for Rebootcamp Weekly
Transitioning out of the military? Get the best education, employment and entrepreneurship tips from Military Times.
Rep. Katherine Clark, a Democrat from Massachusetts, first discovered the VA policy when one veteran wrote to her office asking for help after his home loan application was rejected.
In a statement given to Military.com Clark said the VA must “catch up with the times and recognize the growing role of cannabis economy that employs over 200,000 Americans.
“Yet, the VA has not issued any policies or guidance on this topic, leaving veterans with no way to clearly and readily understand whether their choice of legal employment in this industry could result in the denial of benefits they’ve earned,” the letter said.
Clark said the VA claimed the policy also stemmed from concerns that VA officials could face federal prosecution if they approved loans to homeowners who grow marijuana.
According to the letter, the marijuana industry currently generates up to $11 billion a year and more than $1 billion in state-collected tax revenue.
It’s not uncommon for veterans to pursue legal careers in cannabis after leaving the military.
Lawmakers are giving the VA til June 22 to respond.
“We look forward to your timely response and to working with you toward a positive resolution of this issue,” the letter said.
If you’re a veteran working in the cannabis industry looking for a VA home loan, you’ll have to decide between one form of green or the other.
A recent letter from Capitol Hill to Veterans Affairs Secretary Robert Wilkie suggests that a substantial number of veterans legally working in the cannabis industry have been being denied VA home loans.
A medical marijuana cultivation center in Albion, Ill. (Seth Perlman/AP)
Veterans in the cannabis industry are being denied because VA considers the cannabis industry incapable of being "stable and reliable,” according to a story in Roll Call, which first reported about the VA policy
The letter acknowledges that “the ambiguity under which the cannabis industry operates is unique,” and that lawmakers "fully understand the VA’s resulting aversion to legal and financial risk.”
But it goes on to say: “Denying veterans the benefits they’ve earned, however, is contrary to the intent Congress separately demonstrated in its creation of VA benefit programs.”
A VA spokesman declined to comment on the matter.
“VA appreciates the lawmakers’ views and will respond to them directly,” Curt Cashour, the VA spokesman, told Military Times.
Sign up for Rebootcamp Weekly
Transitioning out of the military? Get the best education, employment and entrepreneurship tips from Military Times.
Rep. Katherine Clark, a Democrat from Massachusetts, first discovered the VA policy when one veteran wrote to her office asking for help after his home loan application was rejected.
In a statement given to Military.com Clark said the VA must “catch up with the times and recognize the growing role of cannabis economy that employs over 200,000 Americans.
“Yet, the VA has not issued any policies or guidance on this topic, leaving veterans with no way to clearly and readily understand whether their choice of legal employment in this industry could result in the denial of benefits they’ve earned,” the letter said.
Clark said the VA claimed the policy also stemmed from concerns that VA officials could face federal prosecution if they approved loans to homeowners who grow marijuana.
According to the letter, the marijuana industry currently generates up to $11 billion a year and more than $1 billion in state-collected tax revenue.
It’s not uncommon for veterans to pursue legal careers in cannabis after leaving the military.
Lawmakers are giving the VA til June 22 to respond.
“We look forward to your timely response and to working with you toward a positive resolution of this issue,” the letter said.
Baron23
Well-Known Member
I'm a VN era vet....I wouldn't let the VA touch my worst enemy. Not my fav agency.
Politics
Congress Weighs Measure To Stop Veterans’ Home Loan Denials Over Marijuana Work
Congress is considering an amendment this week that would end a U.S. Department of Veterans Affairs (VA) practice of denying home loan benefits to military veterans solely because they work for a state-legal marijuana business.
The measure, filed by Rep. Katherine Clark (D-MA), will go before the House Rules Committee on Tuesday. If cleared for floor action later in the week it would be up for consideration for attachment to the National Defense Authorization Act.
The VA policy of denying home loan applications over veterans’ cannabis industry work wasn’t widely known or reported on before a constituent of Clark brought the matter to her attention and she began working on it earlier this year.
The congresswoman led a sign-on letter addressed to VA in May that raised concerns about existing VA policy on the issue. She and twenty other lawmakers noted that many military veterans work for licensed marijuana businesses, and more are expected to join as the legalization movement continues to spread.
“The VA must acknowledge this reality and ensure veterans who work in this sector are able to clearly understand and can equitably access the benefits they’ve earned,” the bipartisan coalition wrote.
That letter came shortly after the House Appropriations Committee released a report that also addressed uncertainty surrounding VA rules on home loan benefits for veterans working in the marijuana industry. The panel set a 180-day deadline for the department to “publicly clarify its position on this matter.”
The language of Clark’s amendment states that “in the case of a person with documented income that is derived, in whole or in part, from working in the marijuana industry in compliance with the law of the State in which the work takes place, the Secretary of Veterans Affairs may not use the fact that such documented income is derived, in whole or in part, from working in the marijuana industry as a factor in determining whether to guarantee, issue, or make a housing loan.”
Last month, a congressional committee approved an additional marijuana amendment to the defense spending bill. Introduced by Rep. Ruben Gallego (D-AZ), the measure would give U.S. military branches the authority to approve service members for reenlistment if they used marijuana one time, or were convicted of a misdemeanor cannabis offense, while off duty.
Based on VA’s recent track record, the department will likely push back against the latest measure on home loans. A VA official testified that the department opposed four separate bills concerning veterans and cannabis during a congressional hearing last month.
Rep. Earl Blumenauer (D-OR) also attributed VA resistance to his decision to withdraw an amendment to a separate spending bill that would have allowed VA doctors to recommend medical cannabis to veterans.
Politics
Congress Weighs Measure To Stop Veterans’ Home Loan Denials Over Marijuana Work
Congress is considering an amendment this week that would end a U.S. Department of Veterans Affairs (VA) practice of denying home loan benefits to military veterans solely because they work for a state-legal marijuana business.
The measure, filed by Rep. Katherine Clark (D-MA), will go before the House Rules Committee on Tuesday. If cleared for floor action later in the week it would be up for consideration for attachment to the National Defense Authorization Act.
The VA policy of denying home loan applications over veterans’ cannabis industry work wasn’t widely known or reported on before a constituent of Clark brought the matter to her attention and she began working on it earlier this year.
The congresswoman led a sign-on letter addressed to VA in May that raised concerns about existing VA policy on the issue. She and twenty other lawmakers noted that many military veterans work for licensed marijuana businesses, and more are expected to join as the legalization movement continues to spread.
“The VA must acknowledge this reality and ensure veterans who work in this sector are able to clearly understand and can equitably access the benefits they’ve earned,” the bipartisan coalition wrote.
That letter came shortly after the House Appropriations Committee released a report that also addressed uncertainty surrounding VA rules on home loan benefits for veterans working in the marijuana industry. The panel set a 180-day deadline for the department to “publicly clarify its position on this matter.”
The language of Clark’s amendment states that “in the case of a person with documented income that is derived, in whole or in part, from working in the marijuana industry in compliance with the law of the State in which the work takes place, the Secretary of Veterans Affairs may not use the fact that such documented income is derived, in whole or in part, from working in the marijuana industry as a factor in determining whether to guarantee, issue, or make a housing loan.”
Last month, a congressional committee approved an additional marijuana amendment to the defense spending bill. Introduced by Rep. Ruben Gallego (D-AZ), the measure would give U.S. military branches the authority to approve service members for reenlistment if they used marijuana one time, or were convicted of a misdemeanor cannabis offense, while off duty.
Based on VA’s recent track record, the department will likely push back against the latest measure on home loans. A VA official testified that the department opposed four separate bills concerning veterans and cannabis during a congressional hearing last month.
Rep. Earl Blumenauer (D-OR) also attributed VA resistance to his decision to withdraw an amendment to a separate spending bill that would have allowed VA doctors to recommend medical cannabis to veterans.
Case of Army veteran serving life for $30 pot sale comes before Louisiana Supreme Court
A life prison sentence over a $30 marijuana sale appeared a bit too much for at least a few Louisiana Supreme Court justices to swallow on Monday during oral arguments over the fate of an Abbeville man who landed on the wrong end of the state’s habitual offender law.
Chief Justice Bernette Johnson and Justice Scott Crichton were the most vocal in questioning a Vermilion Parish judge’s claim, when he handed Derek Harris a life sentence in 2012, that he had no other choice.
During oral arguments that drew a spillover crowd to Tulane Law School on Monday afternoon, the state’s highest court grappled with Harris’ legal dilemma -- having failed to challenge the constitutionality of his terminal sentence, due to what he argues was fatally bad lawyering.
A state court precedent more than two decades old says convicts can’t challenge their sentences after they've exhausted their direct appeals.
Harris’ trial attorney never brought up an earlier Supreme Court ruling that says judges can override minimum mandatory sentences if they find that the punishment so far outweighs the crime as to “shock the conscience.”
If there was a case that warranted mention of that ruling, Harris' case might have been it.
Harris, an Army veteran said to have served honorably in Operation Desert Storm, offered up .69 grams of the drug to an undercover agent who knocked on his door in 2008. Four years later, 15th Judicial District Judge Durwood Conque found Harris guilty of marijuana distribution, a Vermilion Parish prosecutor invoked the state’s habitual-offender law, and Conque sentenced Harris to life as a four-time loser.
Harris’ prior convictions dated back to a 1991 conviction for dealing cocaine, according to court filings. He was subsequently convicted of simple robbery in 1992 and 1993, simple burglary in 1997 and theft under $500 in 2005, said Cormac Boyle, an attorney with the Promise of Justice Initiative who argued Harris’ case Monday.
Boyle said ample evidence suggests a struggle with mental illness linked to his military service, not a penchant for criminality behind his rap sheet. But that mitigating evidence never came up as Conque dealt Harris a life sentence with no shot at parole under a habitual-offender law that gives prosecutors broad discretion.
“Courts have a duty to make sure the punishment fits the crime. That didn’t happen here,” Boyle argued Monday. “This court has always retained the right to say a sentence is excessive.”
Dale Lee, an attorney for the Louisiana District Attorneys Association, countered that the court would open the door to thousands of sentencing challenges if it broke with 24 years of precedent and allowed Harris a new hearing at this stage.
A life prison sentence over a $30 marijuana sale appeared a bit too much for at least a few Louisiana Supreme Court justices to swallow on Monday during oral arguments over the fate of an Abbeville man who landed on the wrong end of the state’s habitual offender law.
Chief Justice Bernette Johnson and Justice Scott Crichton were the most vocal in questioning a Vermilion Parish judge’s claim, when he handed Derek Harris a life sentence in 2012, that he had no other choice.
During oral arguments that drew a spillover crowd to Tulane Law School on Monday afternoon, the state’s highest court grappled with Harris’ legal dilemma -- having failed to challenge the constitutionality of his terminal sentence, due to what he argues was fatally bad lawyering.
A state court precedent more than two decades old says convicts can’t challenge their sentences after they've exhausted their direct appeals.
Harris’ trial attorney never brought up an earlier Supreme Court ruling that says judges can override minimum mandatory sentences if they find that the punishment so far outweighs the crime as to “shock the conscience.”
If there was a case that warranted mention of that ruling, Harris' case might have been it.
Harris, an Army veteran said to have served honorably in Operation Desert Storm, offered up .69 grams of the drug to an undercover agent who knocked on his door in 2008. Four years later, 15th Judicial District Judge Durwood Conque found Harris guilty of marijuana distribution, a Vermilion Parish prosecutor invoked the state’s habitual-offender law, and Conque sentenced Harris to life as a four-time loser.
Harris’ prior convictions dated back to a 1991 conviction for dealing cocaine, according to court filings. He was subsequently convicted of simple robbery in 1992 and 1993, simple burglary in 1997 and theft under $500 in 2005, said Cormac Boyle, an attorney with the Promise of Justice Initiative who argued Harris’ case Monday.
Boyle said ample evidence suggests a struggle with mental illness linked to his military service, not a penchant for criminality behind his rap sheet. But that mitigating evidence never came up as Conque dealt Harris a life sentence with no shot at parole under a habitual-offender law that gives prosecutors broad discretion.
“Courts have a duty to make sure the punishment fits the crime. That didn’t happen here,” Boyle argued Monday. “This court has always retained the right to say a sentence is excessive.”
Dale Lee, an attorney for the Louisiana District Attorneys Association, countered that the court would open the door to thousands of sentencing challenges if it broke with 24 years of precedent and allowed Harris a new hearing at this stage.
Baron23
Well-Known Member
Ha....ya' tink dere', tink? WTF...."a bit too much". How about draconian enforcement that violates every concept of human rights and freedom in this country.
Now, I'm not saying that this guy was an angel by any stretch of the imagination....but life for less than a gram of flower? Really?
ataxian
In a BLACK HOLE!
I agree!
CANNABIS is symbiotic!
Two Marijuana Bills For Military Veterans Will Get A Vote In Congress This Week
Two medical marijuana bills focused on military veterans are scheduled for votes in a congressional committee on Thursday.
The House Veterans’ Affairs Committee will mark up the pieces of legislation, which focus on increasing legal access to medical cannabis under state laws and expanding research on its therapeutic effects. This comes one year after the panel held a hearing on these and other cannabis bills, though a previously scheduled vote was later cancelled.
This time around, advocates are hopeful that the committee will approve the bipartisan bills, titled the Veterans Equal Access Act and the VA Medical Cannabis Research Act.
The first bill, introduced by Rep. Earl Blumenauer (D-OR) would allow doctors at the U.S. Department of Veterans Affairs (VA) to issue medical cannabis recommendations to their patients in states where it’s legal.
“In the 33 states that have medical cannabis programs, veterans are forced out of the VA health care system and away from their trusted physicians to obtain, and pay for, medical cannabis,” Blumenauer told Marijuana Moment. “My legislation is a simple fix to an unnecessary problem and I’m glad to hear the Veterans Affairs Committee is taking it up. I’m working to get this bill to the House floor as soon as possible. Our veterans have been waiting too long.”
The House and Senate have both previously approved annual spending bills containing riders blocking VA from punishing doctors for writing medical marijuana recommendations, but no such measure has yet been enacted into law.
“Now that veterans are finally being given their day, it’s critically important that the committee and the full House expeditiously pass the bill,” Justin Strekal, political director of NORML, told Marijuana Moment. “Veterans must no longer be discriminated against in states where medical cannabis is a legal alternative.”
The other bill scheduled for a vote on Thursday, from Rep. Lou Correa (D-CA), would require VA to conduct clinical trials on the medical potential of cannabis in the treatment of conditions such as post-traumatic stress disorder and chronic pain.
“I am very happy to learn that my bill—the VA Medicinal Cannabis Research Act—will have its day before the House Veterans Affairs Committee,” Correa told Marijuana Moment. “Our nation’s veterans are calling out for alternatives to opioids. Cannabis has the potential to be that alternative.”
“My bill puts our veterans first by ensuring the Department of Veterans Affairs takes cannabis seriously and conducts vital medical research into its effectiveness in treating PTSD and chronic pain,” he said. “Our veterans are depending on us. We owe it to every veteran to never stop looking for ways to treat their scars.”
Correa and fellow lead sponsor Rep. Clay Higgins (R-LA) circulated a letter earlier this year urging colleagues to support the bill as cosponsors. Presently 104 members have signed on—about one-fourth of the full House.
Blumenauer also tried to get his legislation passed as an amendment to a spending bill last year, but withdrew it due to opposition from VA.
Following last year’s committee hearing, members also participated in a closed-door roundtable to discuss the need for medical cannabis research for veterans.
Thursday’s markup comes amid growing pressure from advocates who’ve implored Congress to take legislative action to ensure that veterans can lawfully access products that may serve as alternative to dangerous pharmaceuticals.
A Republican senator and representatives of a veterans advocacy group discussed the issue during a joint hearing last month.
VA, in the meantime, is planning to post a notice shortly to solicit scientific information about the potential of marijuana and its components to treat medical conditions that commonly afflict military veterans.
Two medical marijuana bills focused on military veterans are scheduled for votes in a congressional committee on Thursday.
The House Veterans’ Affairs Committee will mark up the pieces of legislation, which focus on increasing legal access to medical cannabis under state laws and expanding research on its therapeutic effects. This comes one year after the panel held a hearing on these and other cannabis bills, though a previously scheduled vote was later cancelled.
This time around, advocates are hopeful that the committee will approve the bipartisan bills, titled the Veterans Equal Access Act and the VA Medical Cannabis Research Act.
The first bill, introduced by Rep. Earl Blumenauer (D-OR) would allow doctors at the U.S. Department of Veterans Affairs (VA) to issue medical cannabis recommendations to their patients in states where it’s legal.
“In the 33 states that have medical cannabis programs, veterans are forced out of the VA health care system and away from their trusted physicians to obtain, and pay for, medical cannabis,” Blumenauer told Marijuana Moment. “My legislation is a simple fix to an unnecessary problem and I’m glad to hear the Veterans Affairs Committee is taking it up. I’m working to get this bill to the House floor as soon as possible. Our veterans have been waiting too long.”
The House and Senate have both previously approved annual spending bills containing riders blocking VA from punishing doctors for writing medical marijuana recommendations, but no such measure has yet been enacted into law.
“Now that veterans are finally being given their day, it’s critically important that the committee and the full House expeditiously pass the bill,” Justin Strekal, political director of NORML, told Marijuana Moment. “Veterans must no longer be discriminated against in states where medical cannabis is a legal alternative.”
The other bill scheduled for a vote on Thursday, from Rep. Lou Correa (D-CA), would require VA to conduct clinical trials on the medical potential of cannabis in the treatment of conditions such as post-traumatic stress disorder and chronic pain.
“I am very happy to learn that my bill—the VA Medicinal Cannabis Research Act—will have its day before the House Veterans Affairs Committee,” Correa told Marijuana Moment. “Our nation’s veterans are calling out for alternatives to opioids. Cannabis has the potential to be that alternative.”
“My bill puts our veterans first by ensuring the Department of Veterans Affairs takes cannabis seriously and conducts vital medical research into its effectiveness in treating PTSD and chronic pain,” he said. “Our veterans are depending on us. We owe it to every veteran to never stop looking for ways to treat their scars.”
Correa and fellow lead sponsor Rep. Clay Higgins (R-LA) circulated a letter earlier this year urging colleagues to support the bill as cosponsors. Presently 104 members have signed on—about one-fourth of the full House.
Blumenauer also tried to get his legislation passed as an amendment to a spending bill last year, but withdrew it due to opposition from VA.
Following last year’s committee hearing, members also participated in a closed-door roundtable to discuss the need for medical cannabis research for veterans.
Thursday’s markup comes amid growing pressure from advocates who’ve implored Congress to take legislative action to ensure that veterans can lawfully access products that may serve as alternative to dangerous pharmaceuticals.
A Republican senator and representatives of a veterans advocacy group discussed the issue during a joint hearing last month.
VA, in the meantime, is planning to post a notice shortly to solicit scientific information about the potential of marijuana and its components to treat medical conditions that commonly afflict military veterans.
|
Sponsored by |
|---|
|
|
|