An executive order signed Thursday by President Donald Trump would reclassify marijuana as a controlled substance with potential medical use — a designation that will make it easier for the Department of Veterans Affairs to conduct research on cannabis’s effectiveness for pain management, mental health conditions and other symptoms.
However, reclassifying cannabis from a Schedule I drug on par with heroin and ecstasy to a Schedule III substance in the same category as ketamine, steroids and testosterone, will not change the VA’s policy that prohibits its doctors from prescribing medical cannabis.
That would require a change in federal statute.
Trump’s executive order seeks to accelerate the process for the Justice Department to reschedule marijuana. In the order, Trump noted that DOJ issued a proposed rule last year to change marijuana’s status, and that the Department of Health and Human Services has determined that it has accepted medical use for some conditions.
The National Institute on Drug Abuse and the Food and Drug Administration also have agreed that the drug should be rescheduled.
“It is the policy of my Administration to increase medical marijuana and CBD research to better inform patients and doctors,” Trump wrote. “It is critical to close the gap between current medical marijuana and CBD use and medical knowledge of risks and benefits, including for specific populations and conditions.”
According to the VA, the department currently has six studies underway on medical marijuana and has completed 10 since 2010. Past studies have addressed the prevalence of use among veterans, use among veterans prescribed opioid medications and cannabis use in relation to stress.
Current studies are looking at its potential as a treatment for post-traumatic stress disorder, chronic pain and more.
Forty states and Washington, D.C., have regulated medical marijuana programs. But while veterans can access the medication in states where it is legal, department policy allows only for discussion about marijuana use between VA providers and patients. The VA is prohibited by federal law from prescribing it or covering its cost.
VA press secretary Pete Kasperowicz said Thursday that the executive order will not change that law.
“Federal law prohibits VA from prescribing and/or recommending marijuana as a treatment option for patients,” Kasperowicz said in a statement to Military Times. “We are grateful for President Trump’s executive order, which will make it easier for the department to conduct future medical studies involving marijuana.”
The House and Senate both approved legislation this year that would have allowed VA doctors to recommend medical marijuana for their patients, although those provisions were stripped from the law that ended the U.S. government shutdown.
Several lawmakers, including Florida Republicans and veterans Rep. Brian Mast and Rep. Gregory Steube, have introduced legislation that would ensure that veterans retain their benefits and full access to health care if they use medical marijuana under a state-sanctioned program.
The VA’s policies prohibit employees from denying vets their benefits because of marijuana use, and doctors can discuss its use with patients as part of comprehensive care. The lawmakers say their legislation is needed to ensure that veterans don’t lose access to other medications if they use marijuana.
Although the executive order does not change the law, the nation’s largest veterans service organization, the American Legion, praised the order.
“This is really an important executive order,” National Commander Dan Wiley said following the signing ceremony in the Oval Office on Thursday. “Cannabis being classified Schedule 1 blocks large-scale, randomized clinical trials examining cannabis’ impact on PTSD, [traumatic brain injury], sleep disruption, anxiety, depression and chronic pain … conditions strongly associated with veteran suicide.”
Wiley added that the support does not mean the American Legion supports recreational use of cannabis.
“Reclassification is not legalization and does not mandate use,” Wiley said. “It simply removes federal barriers to research and informed decision-making. … Supporting reclassification demonstrates the Legion’s commitment to science, oversight and saving lives through evidence-based public health policy.”
About Patricia Kime
Patricia Kime is a senior writer covering military and veterans health care, medicine and personnel issues.