Groups object to medical marijuana ban at Veterans’ Home

R.I. Office of Veterans Affairs says long-standing rule respects federal law

By Christy Nadalin
Posted 1/3/19

The State of Rhode Island has approved the use of medical marijuana since 2006, but those privileges are not extended to residents of the Rhode Island Veterans’ Home.

Six state and national …

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Groups object to medical marijuana ban at Veterans’ Home

R.I. Office of Veterans Affairs says long-standing rule respects federal law

Posted

The State of Rhode Island has approved the use of medical marijuana since 2006, but those privileges are not extended to residents of the Rhode Island Veterans’ Home.

Six state and national advocacy organizations recently spoke out against the ban in written testimony submitted to the R.I. Department of Health. It reads, in part, “It is ironic to consider that the Veterans’ Home has been established to provide quality nursing and residential care to Rhode Island war veterans, yet it seeks to forbid the medically efficacious use of medical marijuana by its residents … We submit that this proposed regulation is not only poor policy, it contravenes the state’s medical marijuana law itself.”

The testimony further notes that because “the Veterans’ Home is a creation of state law, no provision in federal law bars the allowance of medical marijuana use at the Home,” and that federal policy provides that veterans “must not be denied [Veterans Health Administration] services solely because they are participating in state-approved marijuana programs.”

 The organizations have requested that the regulations be clarified so as to not negatively impact veterans who participate in and benefit from the state’s medical marijuana program. The local organizations submitting the testimony are the ACLU of RI, the R.I. Patient Advocacy Coalition and Protect Families First. The national organizations that have joined in the testimony are: Veterans Alternative Healing Inc., Americans for Safe Access and the Marijuana Policy Project.

Annajane Yolken, executive director of Protect Families First, said “It is important that our veterans have access to all forms of sanctioned medical care in their home, especially for PTSD. We strongly encourage the Veterans’ Home to allow the use of medical marijuana.”

Michael Jolin, strategic planning, communications and policy administrator for the Rhode Island Office of Veterans Affairs, questions the timing of the objection to the policy. “This is not a new rule,” he said. “It already existed; it’s not a new ban.”

The reason behind the ban, he claims, is simple.

“We don’t want to jeopardize our federal funding. The veterans’ home depends on federal funding for a significant portion of its operating costs, and federal law prohibits federally banned substances on the premises.”

Franklin Court Independent Living, on Franklin Street, operates under the same constraints. “Our senior independent housing is a HUD financially-subsidized program, so we cannot permit the use of medical marijuana on our premises,” said Director Marie Knapman. “Though what our residents do outside of our property is their own business.”

Mr. Jolin said residents receiving medical care outside the umbrella of the Veterans Administration (which respects federal law) are also not prohibited from partaking in medical marijuana off the campus of the Veterans’ Home. However, he admits that given the demographic of the Veterans’ Home and the fact that most residents receive their medical care through the V.A., it is unlikely that it’s an issue for a significant segment of the population.

“A change may well be coming,” admitted Mr. Jolin, regarding federal laws and medical marijuana. “But until then we will continue to follow federal guidelines.

“We don’t want to do anything that will impact funding for our veterans.”

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