Ten states and the District of Columbia have legalized marijuana for recreational use; Thirty-three states, including Minnesota, have legalized medical marijuana. Yet, under Federal law, marijuana is a Schedule I controlled substance, meaning it is a crime to use or possess it, even for medical purposes. This dichotomy can create some difficult situations for Federal law enforcement, but, closer to home, it recently impacted the Veterans Treatment Court over which I preside in Duluth.
Federal agencies must follow Federal law, which means that the U.S. Department of Veterans Affairs cannot prescribe medical marijuana. However, the VA cannot deny treatment or benefits for individuals using medical marijuana. This means that veterans whose sole source of medical care is through the VA would not have medical marijuana as an option, but a veteran who could afford the associated out-of-pocket expense would. Treatment courts receiving Federal grant dollars, like the Veterans court in Duluth, must not allow its use regardless of state laws to the contrary. We also have to test our veterans for controlled substances, including marijuana.