Many veterans wonder if marijuana use will affect their VA disability compensation. Even though some states have legalized medical or recreational marijuana use, it is still considered a Schedule I Controlled Substance under federal law. This means the federal government views it as illegal. However, veterans will not be denied VA benefits for their marijuana use. Read on to learn more.
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In this article about pot and VA disability:
If I use marijuana, what does that mean for my VA benefits?
Because marijuana is considered a Schedule I Controlled Substance at the federal level, the VA is required to follow all federal laws and regulations, including those about marijuana. This means that VA health care providers are not allowed to recommend or assist veterans in obtaining it.
However, it is important to note that the VA states veterans will not be barred from benefits for marijuana use. Participating in a state marijuana program also does not affect VA benefit eligibility.
VA providers are encouraged to discuss marijuana use with veterans to aid in comprehensive care planning and to adjust treatment plans as needed.
Here are some other important facts that veterans need to know about marijuana use:
- VA health care providers will document marijuana use in a veteran’s medical record for use in treatment planning. This information will always be confidential and protected under patient privacy and confidentiality laws and regulations.
- VA health care providers may not recommend medical marijuana, as they can only prescribe FDA-approved medications.
- VA pharmacies may not fill prescriptions for medical marijuana.
- The use or possession of marijuana is prohibited at all VA medical centers, grounds, and locations, even if the state the facility is in has legalized marijuana. Federal law is enforced on VA properties.
- VA health care providers may not complete paperwork or forms required for veteran patients to participate in state-approved marijuana programs.
- The VA will not pay for medical marijuana prescriptions from any source.
Does the VA drug test veterans?
When you have routine lab work done such as blood tests or urinalyses at any VA hospital or clinic, they may check for drugs if it is a concern. It is important to note that blood tests and urinalyses are performed to check for conditions and abnormalities, not to specifically check for the presence of drugs.
The VA uses a standardized four-panel drug detection kit. This test shows the presence of narcotics (Vicodin, morphine, Oxycontin, and others), marijuana (THC), cocaine (or crack), and amphetamines. Some tests might detect benzodiazepines such as Valium and similar drugs.
Another purpose of routine blood tests and urinalyses may be to ensure that you are taking your prescribed medications properly. The VA’s policy states that it is up to each treating doctor to decide how to handle a veteran’s marijuana use. However, again, marijuana use does not bar a veteran from accessing VA benefits.
The VA does not routinely test for illegal drugs. However, veterans who happen to be VA employees are subject to routine drug testing.
What about CBD for veterans?
Cannabidiol (CBD) is the naturally occurring compound found in the flower of cannabis. CBD is currently thought to be a safe and non-addictive substance. The difference between CBD and THC (tetrahydrocannabinol) is that CBD is non-intoxicating, unlike THC. THC is the compound in cannabis that makes a person feel “high” while using marijuana.
VA clinicians cannot prescribe any products containing cannabinoid oil without a non-formulary drug request and prior approval. However, research has suggested CBD may help with PTSD symptoms.
Using CBD products will also not affect your VA benefits.
Are marijuana use and willful misconduct related?
Unfortunately, there is not a simple answer to this question. Willful misconduct is an intentional act or omission which is in disregard of a known risk. If you receive a willful misconduct finding, you may not be eligible for VA disability benefits. The Code of Federal Regulations states that a mere technical violation of police ordinances or regulations will not necessarily constitute willful misconduct.
You will not receive a willful misconduct finding for using marijuana if it did not cause injury, death, or disease. The VA may find that marijuana use is related to trying to cope with PTSD or other conditions. This would be a condition eligible for a VA rating and compensation.
On the flip side, the VA can punish you if the willful misconduct was found to be a result of abusing drugs for fun and you were not using the drugs as a coping mechanism for something you were diagnosed with.
To summarize, it is possible to receive a willful misconduct finding from marijuana use if it causes an injury, disease, or death, with some exceptions.
How a VA benefits attorney can help
Woods & Woods has helped thousands of veterans with their VA disability applications and appeals. Call us today to discuss your VA disability appeal or your first application. The call is free and we won’t charge you a single fee until we win your case.
All of our attorneys are VA accredited. Call us and join the thousands of veterans we have helped to receive the VA disability benefits they deserve.
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Frequently asked questions
Veterans will not be denied VA benefits for their marijuana use. Talk to your doctor and follow their medical advice.
VA physicians will not prescribe marijuana, as it is a Schedule I Controlled substance.
Veterans are not subjected to routine drug testing at VA facilities unless they are employed by the VA.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
