Dec 272011
 December 27, 2011

feds medical marijuanaVets confounded by dueling medical marijuana rules

If there is anyone that has earned the right to consume medical marijuana, it’s our nation’s military veterans. Yet, due to the federal government’s outright contempt for medical marijuana, military veterans are left to deal with two layers of bureaucratic madness to sift through in order to use medical marijuana legally. Below is an article that was sent to me by the San Francisco chapter of Americans for Safe Access:

Veterans Affairs allows it in some states while Justice Department cracks down.

For two years, John Riccio worried that smoking marijuana to relieve his chronic back and shoulder pain would get him in trouble with the Department of Veterans Affairs.

Then the department last year began allowing former service members to use medical marijuana – in states that have laws permitting it – in conjunction with their regular treatment. Riccio, a Navy veteran living in South Park, says he sleeps easier now that he can talk about it with his VA doctor without risking his benefits.

The policy clarification has veterans like Riccio wondering why the government continues to classify marijuana as a Schedule 1 drug alongside heroin and deny that the plant has any medicinal use. In October, the four U.S. attorneys in California announced a massive crackdown on marijuana growers and storefront dispensaries.

“It’s complete hypocrisy and it’s a war on people,” said Ricco, a 31-year-old Wisconsin transplant who left the Navy in 2008. “It’s a war on good, compassionate, law-abiding people.”

The directive on medical cannabis has added a new wrinkle to a years-old dispute between the federal government and a growing number of states that allow marijuana for sick and dying patients.

The Justice Department has stressed that it would not focus federal resources on sick individuals in shutting down dispensaries. Federal authorities point out that not only is marijuana illegal under federal law, but they say in California it has become pervasive, profit-driven and abused by people who are not sick.

There are laws allowing medical marijuana in 16 states and Washington, D.C.,

Medical pot advocates have lamented a series of memos from various federal agencies challenging the rights of patients to do everything from possess a firearm and ammunition to receive federal housing assistance. There’s also the risk to one’s job or being dropped from a list of people waiting for a liver transplant, said Michael Krawitz, executive director of Veterans for Medical Marijuana Access, which worked with Veterans Affairs to craft the policy.

“There’s the sentiment out there that you’ve led these vets almost into a trap,” said Krawitz, whose organization is based in Elliston, Va. “You’ve got vets that were told they were going to be respected when it comes to their medicine. And when you start closing the noose around everybody, you are closing it around these vets as well.”

The Food and Drug Administration in April approved a study to test whether marijuana could ease symptoms associated with post-traumatic stress disorder, including nightmares, insomnia, anxiety, anger and flashbacks. Those plans were dashed when HHS refused to sell researchers the marijuana needed for the study.

The Food and Drug Administration remains the sole institution that approves medication in the U.S. Rafael Lemaitre, communications director at the Office of National Drug Control Policy, said the veterans directive and the crackdown by federal prosecutors both deal with the reality of states working outside the Food and Drug Administration.

“We can’t control whether a patient does or does not participate in a state-approved marijuana program,” said Michael Valentino, chief consultant for pharmacy benefits management services at the Department of Veterans Affairs. “What we have attempted to do is recognize the fact that veterans do, and other people do, and then to provide guidance to our staff on how to deal with those situations when they occur.”

While the policy, which was thoroughly vetted by the Office of National Drug Control Policy, is not intended to be a green light, Valentino said, it’s also not intended to be a red light, either.

Department rules say veterans could be denied pain medications if they used illegal drugs. The marijuana policy created the first written exception. It does not allow department doctors to recommend marijuana nor does it allow veterans to use the drug on federal grounds.

Under the new policy, participation in a state medical marijuana program may require a veteran’s treatment team to modify their program. But doctors would ensure they continued to receive regular benefits such as VA-provided health care. That includes veterans diagnosed with PTSD.

“It’s really going to be up to the providers and the treatment teams to decide whether participation in a state program is going to require modification of what we are doing on our end,” Valentino said.

“The last thing in the world that we want to do is provide some kind of guidance that gets veterans embroiled and entangled in criminal issues. That’s what we are trying to avoid,” he added.

Even if the Justice Department isn’t focusing on sick individuals, its crackdown has affected them, said Daante Tirado, 50, of San Diego. The disabled Air Force veteran served one tour in South Korea and left the military after four years. He began using marijuana in conjunction with Flexeril and Vicodin after suffering two severe neck and back injuries.

Tirado said his VA treatment team made little fuss when he came clean about the marijuana use. “Just as it should be,” he said.

But the elimination of nearly every storefront dispensary in his path has made getting the medical marijuana more difficult and potentially more expensive.

“Without any medication, this pain level, this torture level, I want to kill myself,” he said. “I won’t. But I want to. Just to stop the pain. I just cringe at the fact that I might not be able to relieve that pain.”

It’s unknown how many of the 22 million veterans use marijuana, Krawitz said. For many who spent years serving in the military, with its zero tolerance for illicit drugs, there can be a stigma associated with medical pot. The Veterans Affairs directive, coupled with increased federal enforcement, are indicative of the minefield of ambiguities regarding medical use in California, lawyer Katherine Clifton said.

She is preparing a lawsuit against the city of San Diego seeking to contain the flow of legal action against dispensaries and their landowners.

“The laws are all over the map, they are constantly changing, and nobody, even the federal government, really understands what the bottom-line legal issues are,” Clifton said.

Riccio said he bathes in hemp soap, cleans his dishes with hemp, eats hemp bread and smoothies and takes hemp supplements. In addition to relieving his pain, his overall health has gotten better by the day. He goes for routine checkups, practices yoga, rides his bicycle and eats a health diet. Riccio was a counseling intern at the Veterans Village of San Diego and also served in the Wounded Warrior fellowship program as a community representative in the 51st District.

Now, his biggest concern is having to return to pharmaceutical drugs or turn to the black market for his marijuana.

“It wouldn’t matter if I had a card or not,” he said. “It would be illegal.”

- article courtesy of Americans for Safe Access, written by Christopher Cadelago for Sign On San Diego

About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • Ken Unger

    I wish I had the freedom to be able to use my medicine in peace.

  • http://doubtsinwi.blogspot.com/ Jacque F.

    I am a 3 time cancer survivor (age 10, brain tumor[Menegeoma], age 21 Uterine Cancer [discovered when I was 6 months pregnant], age 36 skin cancer), as well as a Service Connected Disabled Veteran (US Army 6 years). I currently am battling Fibromyalgia, Chronic Neuropathy and Compressed Disc’s in my back (I am 3 . However despite my medical problems, I have succeeded in losing 100 pounds!
    I see a Pain Clinic and have prescriptions for Vicoden and Tizanidine (a muscle relaxant), and even my pain DR says that Medical Marijuana would help me.Unfortunatelyy I live in a state where Marijuana is illegal (Wisconsin) and with the current Tea Party members in office (Scott Walker) it doesn’t look like that will change soon.

    • http://doubtsinwi.blogspot.com/ Jacque F.

      ^correction added to the above.
      (i am 3.
      SHOULD have read (I am 3 inches shorter now that I used to be)

  • sensiroots

    Veteran of our military are persons that have earned a place of respect among the population and government of America. Marijuana users are among the least respected Americans, even medical users are seen as a fringe group of people with a legal excuse to “get high”. I have a deep respect of our vets… I have many veteran friends from every war since Korea… remember that? They will never forget. I will never forget that what they do, they do for us, even when we have a war the american people do not want (see Iraqi Freedom) the soldier joins the military like devout monogomists that have gotten married, its for better or worse and for thick or thin… even when a soldier disagrees with a publicized reason for a war he will still be their for us. Forever haunted by the faces of those he has lost and those he has killed, all for us. SO GIVE THEM SOME GOD DAMN UNDERSTANDING already and let them use the medicine they choose, at least they have earned that right… right?

  • http://www.painmanagementspokane.com Rick Rosio

    We would be proud to work with any Vet and help in anyway we can to improve the quality of life for our heros.
    http://www.painmanagementspokane.com
    Check out the site and contact us to see how your life can improve with laughter and compassion and people who understand
    the issues facing our returning vets.

  • meliposa59

    Leave our Vets alone!

  • Bill

    I’m glad the vets in some states are now able to use mmj without losing their va benifits , but I don’t live in one that is.
    What in the hell did I do wrong? I’m a vet too.

  • http://twitter.com/James_Gilligan James Gilligan

    I’m 31 fully unemployable but only a 70%PTSD rating, I served as a Marine from 99-05 and I live in CA — the Greater Los Angeles VA system is the one I use– and they won’t provide me with MOST of the programs in fact just about every single dang MH program that could work– they won’t recommend you for- if your using cannabis. MH – CANNABIS – PTSD all stigma bad bad bad ju-ju stigma…

    I had only started post-military and for the 1st time ever in 2005 after getting out.. and have been a daily smoker since- with 2 tours of duty- the pot keeps me from losing it most days. In fact all day long — I just get high and thats the problem.. And providers won’t even touch the grey area and try to offer programs which would push other positive things into my life.. IE a service dog- nope~ they won’t sign up- so far as I’ve looked.. (longer story the VA doesn’t cover service dogs– its the outside company offered say in AZ or NY/NJ that I’d have to go to for training that wouldn’t allow pot usage-)  I have also looked into a diet and exercise clinic for PTSD in Long Island NY NY but they waited till the last min in an email to inform me no candidate at their clinics can be on pot- In NY I can understand that– but in Los Angeles.. where my State ID/drivers license gets me into my potclinic I don’t understand it. I also tried to get a college course in K-9 training & care // a prerec for 1 of the service dog schools (in NJ).. through my vocational rehab– that was turned down informally over the phone without consideration even.. I am right now waiting on the lousy PA (patient advocate) to get back about so many of the issues and problems I’m going through with even just trying to get help with the VA– my best answer to all this is NO they don’t support pot consumption– they turn a blind eye to it– and instead watch as you abuse it and over use it all the while spending 400-500-sometimes 800 or more a month is possible- I am upset because its like a endless cycle to kill myself and only get by -but high.

  • Michelle

    I’m a 100% disabled Vietnam veteran with severe back and knee problems. Plus I have prediabetes. I use the oil to control my blood sugar. I came clean with my VA doctor who promptly decreased my dosage of my pain meds and antianxiety meds. before I even met her. I have 40 years of medical documentation of my disabilities. If I stop using the hemp oil I will be forced to go on insulin. If she cuts me off my meds I will be crippled and gain the 50 lbs I have lost this year. I don’t know what to do.

    • Savage Grace

      Do what right for you-