H.R. 1151House116th Congress (2019-2021)In Committee

Veterans Medical Marijuana Safe Harbor Act.

Introduced February 12, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:52 AM UTC

The Veterans Medical Marijuana Safe Harbor Act would let veterans legally use, possess, or transport medical marijuana in any state or Indian tribe jurisdiction that permits it, and would allow Department of Veterans Affairs physicians to talk with veterans about, recommend, and help enroll them in state‑approved medical‑marijuana programs. The bill creates a federal safe harbor that overrides the Controlled Substances Act for these activities, but the protection would end five years after the law takes effect. It also directs the VA to study how medical marijuana affects veterans’ pain and opioid use, with dedicated funding for those studies.

Key Provisions

  • Provides a federal safe harbor so veterans can use, possess, or transport medical marijuana in states or on Indian lands where it is legal, without violating federal drug laws.
  • Allows VA physicians, when located in a state or Indian land where medical marijuana is authorized, to discuss, recommend, and help veterans enroll in state‑approved medical‑marijuana treatment programs.
  • Defines key terms such as “veteran,” “physician,” “state,” and “Indian land” for the purposes of the act.
  • Sets a sunset clause: the safe‑harbor provisions expire five years after the act’s enactment.
  • Mandates two VA studies—one on medical marijuana’s impact on veterans’ pain and another on its relationship to reduced opioid abuse—each to be completed within two years, with $10 million and $5 million respectively allocated for fiscal years 2020‑2021.

Legislative Activity

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4 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

March 25, 2019

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HouseIntro Referral

Introduced in House

February 12, 2019

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

February 12, 2019

HouseCommittee

Referred to the Subcommittee on Health.

February 13, 2019

HouseCommittee

Referred to the Subcommittee on Health.

March 1, 2019

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

March 25, 2019

Floor Debate

4 members

What members said about H.R. 1151 on the floor

2 Republicans2 Democrats
Eliot L. Engel
Rep. Eliot L. EngelD-NY-16 · Jan 22, 2019

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 353) to direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization, and…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Jan 22, 2019

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of this bill to help Taiwan regain observer status in the World Health Organization, introduced by my good…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Jan 22, 2019

Mr. Speaker, I thank the gentleman from Texas for yielding, and I rise in support of H.R. 353, which would direct the Secretary of State to develop a strategy to regain observer status for Taiwan in…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Jan 22, 2019

Mr. Speaker, many of the members who serve in this chamber, myself included, value the important relationship the United States shares with Taiwan. To this end, The House of Representatives…

Bill Text

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Introduced in HouseIssued February 12, 2019

I

116th CONGRESS

1st Session

H. R. 1151

IN THE HOUSE OF REPRESENTATIVES

February 12, 2019

Ms. Lee of California introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by a State or Indian Tribe, and for other purposes.

1.

Short title

This Act may be cited as the Veterans Medical Marijuana Safe Harbor Act..

2.

Findings

Congress finds the following:

(1)

Chronic pain affects the veteran population, with almost 60 percent of veterans returning from serving in the Armed Forces in the Middle East, and more than 50 percent of older veterans, who are using the health care system of the Department of Veterans Affairs living with some form of chronic pain.

(2)

Opioids account for approximately 63 percent of all drug deaths in the United States.

(3)

In 2011, veterans were twice as likely to die from accidental opioid overdoses as nonveterans.

(4)

States with medical cannabis laws have a 24.8 percent lower mean annual opioid overdose mortality rate compared with States without medical cannabis laws.

(5)

Marijuana and its compounds show promise for treating a wide-range of diseases and disorders, including pain management.

(6)

Medical marijuana in States where it is legal may serve as a less harmful alternative to opioids in treating veterans.

3.

Safe harbor for use by veterans of medical marijuana

(a)

Safe harbor

Notwithstanding the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or any other Federal law, it shall not be unlawful for—

(1)

a veteran to use, possess, or transport medical marijuana in a State or on Indian land if the use, possession, or transport is authorized and in accordance with the law of the applicable State or Indian Tribe;

(2)

a physician to discuss with a veteran the use of medical marijuana as a treatment if the physician is in a State or on Indian land where the law of the applicable State or Indian Tribe authorizes the use, possession, distribution, dispensation, administration, delivery, and transport of medical marijuana; or

(3)

a physician to recommend, complete forms for, or register veterans for participation in a treatment program involving medical marijuana that is approved by the law of the applicable State or Indian Tribe.

(b)

Definitions

In this section:

(1)

Indian land

The term Indian land means any of the Indian lands, as such term is defined in section 824(b) of the Indian Health Care Improvement Act (25 U.S.C. 1680n).

(2)

Indian Tribe

The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3)

Physician

The term physician means a physician appointed by the Secretary of Veterans Affairs under section 7401(1) of title 38, United States Code.

(4)

State

The term State has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(5)

Veteran

The term veteran has the meaning given that term in section 101 of title 38, United States Code.

(c)

Sunset

This section shall cease to have force or effect on the date that is five years after the date of the enactment of this Act.

4.

Studies on use of medical marijuana by veterans

(a)

Study on effects of medical marijuana on veterans in pain

(1)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study on the effects of medical marijuana on veterans in pain.

(2)

Report

Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Secretary shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate.

(b)

Study on use by veterans of State medical marijuana programs

(1)

In general

Not later than two years after the date of the enactment of this Act, the Secretary shall conduct a study on the relationship between treatment programs involving medical marijuana that are approved by States, the access of veterans to such programs, and a reduction in opioid abuse among veterans.

(2)

Report

Not later than 180 days after the date on which the study required under paragraph (1) is completed, the Secretary shall submit to Congress a report on the study, which shall include such recommendations for legislative or administrative action as the Secretary considers appropriate.

(c)

Veteran defined

In this section, the term veteran has the meaning given that term in section 101 of title 38, United States Code.

(d)

Use of amounts

For fiscal years 2020 and 2021, of the amounts appropriated to the Department of Veterans Affairs—

(1)

$10,000,000 shall be used to carry out subsection (a); and

(2)

$5,000,000 shall be used to carry out subsection (b).