A powerful congressional committee has voted to prevent federal employees from having medical marijuana covered under their workers’ compensation programs—regardless of the Trump administration’s move to reschedule cannabis.
On Tuesday, the House Appropriations Committee approved a Fiscal Year 2027 bill covering Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS) in a vote of 34-28. In addition to including the medical cannabis and workers’ comp provision, the legislation and an attached report also addresses other drug policy issues such as overdose prevention centers and a health condition experienced by some marijuana consumers.
One section of the Labor-HHS bill says that no funding provided to the Department of Labor under the measure can be used to “authorize, provide, reimburse, or otherwise recognize marijuana or any cannabis-derived substance as a compensable medical treatment or benefit” under any federal workers’ compensation program—”regardless of any change in the scheduling of marijuana” under the Controlled Substances Act (CSA).
“SEC. 532. None of the funds made available by this Act may be used by the Department of Labor, including the Office of Workers’ Compensation Programs, to authorize, provide, reimburse, or otherwise recognize marijuana or any cannabis-derived substance as a compensable medical treatment or benefit under any Federal workers’ compensation program, including the Federal Employees’ Compensation Act, regardless of any change in the scheduling of marijuana under the Controlled Substances Act. Nothing in this section shall be construed to require or permit reimbursement for marijuana under any Federal workers’ compensation program.”
The Trump administration in April announced that it was moving state-licensed medical cannabis, as well as any cannabinoid products approved by the Food and Drug Administration, from Schedule I of the Controlled Substances Act to Schedule III. Broader reclassification of marijuana to Schedule III will be the topic of a hearing scheduled to begin later this month.
The bill approved by the committee also contains a separate rider that blocks the use of funds for “any activity that promotes the legalization of any drug or other substance included in schedule I” of the Controlled Substances Act.
“SEC. 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.”
The provision has been included in federal spending legislation since the 1990s. Rep. Alexandria Ocasio-Cortez (D-NY) in past years has attempted to get that language deleted by arguing that it impedes research on psychedelics, but her amendments have been defeated.
The report attached to the Labor-HHS bill says members are “concerned by the rise in reported cases of cannabinoid hyperemesis syndrome” and calls on the Centers for Disease Control and Prevention (CDC) to follow through on a previous directive to publish a report on the issue.
“Cannabinoid Hyperemesis Syndrome in Youth.—The Committee is increasingly concerned by the rise in reported cases of cannabinoid hyperemesis syndrome (CHS)—a condition associated with prolonged, high-potency cannabis use that leads to severe nausea and vomiting. With the growth of high-THC vaping products and their increasing use among adolescents, the Committee believes further study is warranted. The Committee instructs CDC to complete the directive under this heading in the explanatory statement that accompanied Division B of P.L. 119–75.”
The report for a separate Homeland Security bill that was before the committee on Tuesday additionally says federal officials should use provided funds to “enhance detection, seizure, and investigation of illegal grow operations,” particularly those that are associated with countries of concern like China.
“Border Enforcement Security Task Forces (BESTs).—The recommendation includes an increase of $5,000,000 to support BESTs in their efforts to combat illicit activities of transnational criminal organizations (TCOs), with an emphasis on initiatives countering fentanyl. The Committee is also concerned about the increased production and distribution of marijuana products by foreign nationals associated with TCOs, particularly from countries of concern, to include the People’s Republic of China. Within the funds provided, BESTs shall enhance detection, seizure, and investigation of illegal grow operations, include seizures of marijuana in official reports, and provide an update to the Committee on resource needs to further advance these efforts within 180 days of the date of enactment of this Act.”
The LaborHHS legislation as approved additionally contains a rider restricting the use of funds for syringe exchange programs and a prohibition on support for safe consumption sites for illegal drugs.
“SEC. 525. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided, That such limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law: Provided further, That none of the funds appropriated in this Act may be used for the operation of a supervised drug consumption facility that permits the consumption onsite of any substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812).”
The report also celebrates the Trump administration’s moves to undermine harm reduction-based approaches to drug policy that focus on keeping consumers safe when they aren’t willing to stop using drugs.
“Harm Reduction.—The Committee commends the Trump Administration’s recent guidance to shift away from harm reduction activities that facilitate illicit drug use and run counter to Federal law, including the use of taxpayer dollars to purchase drug testing kits. The Committee continues to prioritize funding for evidence-based addiction treatment and recovery, including the use of FDA-approved medications for opioid use disorder. While the Committee provides no funding for harm reduction activities, the Committee continues to support the availability and provision of naloxone and other opioid overdose reversal medications to reduce overdose deaths.”
Rep. Madeleine Dean (D-PA) filed an amendment to remove much of the anti-harm reduction language from the bill and report, but it was defeated on a voice vote.
Last week, the House Appropriations Committee approved a separate spending bill and attached report that directs federal officials to continue requiring government employees and safety-sensitive workers such as truck drivers and airline pilots to be drug tested for marijuana, “regardless of any future changes to the legal status or scheduling.”
The panel also voted last month to advance a provision that, if enacted, would prevent federal officials from taking further steps to carry out marijuana rescheduling. That funding bill also contains an updated version of a longstanding rider that since 2014 has protected state medical cannabis programs from federal interference.
The committee report attached to that legislation also contains a number of cannabis-related provisions, including one calling on the Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) to address the “proliferation of Federally unregulated ingestible, inhalable, and topical products that contain intoxicating cannabinoids” and that “threaten consumer safety.”
Separately, the House Appropriations Committee recently approved a spending bill and an attached report that expresses concerns about health risks from cannabis-derived products, while also encouraging research into the therapeutic benefits of psychedelics.
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Meanwhile in Congress, the House last month approved amendment to let military veterans receive recommendations for medical marijuana through their doctors at the Department of Veterans Affairs (VA)
The full House also recently passed a Farm Bill with provisions aimed at aiding industrial hemp producers—but without any language to delay or alter the federal recriminalization of hemp THC products that’s scheduled to take effect later this year.
