A recent report by CBS News highlighted this trend, noting that as “ many veterans with PTSD remain desperate for healing, a growing number are turning to psychedelic-assisted treatment in Mexico — using substances the government they fought for says are illegal.”

“As I watched more of my teammates…more veterans start to take their own lives, I realized that that’s an option,” Herb Daniels, a former Green Beret, told CBS.

Following his retirement from the military, Daniels “said he faced a profound darkness that started to consume him,” which ultimately resulted in multiple suicide attempts.

He ultimately “found out about VETS, Veterans Exploring Treatment Solutions,” a “nonprofit organization funds grants for veterans to go to Mexico for treatment that isn’t legal in the United States,” according to CBS News. 

The organization shuttles veterans from San Diego to Mexico for a psychedelic retreat each week.

Daniels embarked on his first retreat last year. CBS News has more on the experience:

“Upon arrival at the retreat site, the location of which CBS News was asked not to disclose for the safety and security of the participants, the veterans met with a local facilitator, Juan Aguilar, who guided them through the process. Aguilar first focused on setting intentions and preparing the veterans for their experience. The therapy session started with the use of mapacho smoke to cleanse the space, followed by a focused meditation with the medicine. The heart of the treatment involves a short, intense, psychedelic experience. During his session, Daniels went through a range of emotions, visibly moved as tears rolled down his face. The experience lasted about 10 minutes, and he said it felt ‘magical, like a fresh start.’”

“My heart was just opened, wide open, and there was laid bare so much pain, so much anger and as soon as I let it go, I became aware of my presence again, and I felt my body just relax,” Daniels told the network.

According to CBS, Daniels “and his wife now dedicate themselves to assisting veterans in getting the help they need – by helping them get to Mexico for treatment.”

The story highlights a significant component of the drive to make psychedelics legal in the United States: researchers are increasingly convinced of their potential as a form of mental health treatment, and they have been vulnerable populations, including returning veterans.

Earlier this month, Massachusetts Gov. Maura T. Healey filed legislation that includes a proposal to the therapeutic benefits of psychedelics for veterans.

“Our veterans have sacrificed so much for our country, and this transformative legislation marks an important step toward ensuring that Massachusetts supports them in return,” said Healey. “From day one, our administration has been committed to revitalizing veterans’ services in Massachusetts and ensuring that every one of these heroes receives the benefits, resources and support that they deserve.”

Veterans advocacy groups applauded the bill.

“We’re grateful to Governor Healey and her team for recognizing the need for giving back to the heroes who have served our country, both at home and overseas,” said Bill LeBeau, Adjutant for Massachusetts Veterans of Foreign Wars. “With this bill, the Healey-Driscoll Administration demonstrates a real commitment to accomplishing outcomes for our Veterans that will be meaningful and impactful in so many ways; it also sends a signal that more needs to be done to support them.”

The most decisive action will have to come from Washington, however, as psychedelics remain prohibited under federal law. 

A growing number of lawmakers on Capitol Hill have publicly endorsed making psychedelics legal for mental health treatment. 

Democratic Rep. Alexandria Ocasio-Cortez (NY-14) and Republican Rep. Dan Crenshaw (TX-02) introduced a bill this summer that would direct the Department of Defense to research psychedelics.

“This is a real wild coalition,” Crenshaw said after introducing the measure, noting the ideological composition of the bill’s sponsors.

The most crucial show of support would come from the White House, and there were signals earlier this year that President Joe Biden could actually be amenable to psychedelic treatment.

Biden’s younger brother, Frank Biden, said as much in an interview this past summer.

 “He is very open-minded,” Frank Biden said in an interview with radio host Michael Smerconish. 

“Put it that way. I don’t want to speak; I’m talking brother-to-brother. Brother-to-brother,” he added. “The question is, is the world, is the U.S. ready for this? My opinion is that we are on the cusp of a consciousness that needs to be brought about to solve a lot of the problems in and around addiction, but as importantly, to make us aware of the fact that we’re all one people and we’ve got to come together.”

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Lawmakers in Michigan last week passed a resolution in which they called on members of the United States Congress, as well as the Department of Defense, and Department of Veterans Affairs, to “prioritize research and investment in non-technology treatment options for servicemembers and veterans who have psychological trauma as a result of military service.”

The resolution spans three pages and was sponsored by more than 20 members of the Michigan legislature. It was approved in the state Senate last Thursday.

The measure makes reference to the severe psychological toll endured by members of the military, noting that the “men and women who voluntarily sign-up to serve our nation in the United States Armed Forces, and the additional uniformed services, generally do so with an understanding that such service may ultimately impact their physical and mental well-being,” and that they “may have experiences that increase the risk for developing behavioral health problems, including traumatic brain injury, post-traumatic stress disorder, and depression.”

“Effective treatment options for these conditions vary from servicemember to servicemember,” the resolution says.

“Non-technology treatment options, such as buddy-to-buddy programs, controlled use of psychedelics in clinical settings, outdoor therapy, and easier access to service animals, among others, have shown promise to help veterans improve their mental health and find a new normal while dealing with the invisible wounds of war and service,” it continues.

The resolution said that the “families of servicemembers must also not be forgotten, and resources should be made available to help them understand and assist their loved ones who may be suffering from psychological trauma. Family members of servicemembers or veterans with behavioral health problems may experience family violence and aggression, lower parenting satisfaction, and child behavior problems,” and that resources “should include services that will help family members deal with the impacts of their family members’ service.”

Psychedelics continue to gain support as a potential treatment option for those suffering from mental health conditions, including military veterans, who often return from combat with post-traumatic stress disorder.

In July, a bipartisan group of lawmakers on Capitol Hill came together to include a provision in the National Defense Authorization Act that directs the Department of Defense to research psychedelic treatment in military facilities. 

The group was headlined by Democratic Rep. Alexandria Ocasio-Cortez and Republican Rep. Dan Crenshaw.

“This is a real wild coalition,” Crenshaw said at the time.

“Psychedelics have shown so much promise,” said Ocasio-Cortez. “We desperately need the resources to treat PTSD, traumatic brain injury and depression. At least one in two PTSD patients cannot tolerate or do not respond adequately to existing treatments.”

Earlier this year, the brother of President Joe Biden indicated that the chief executive is open to psychedelic treatment.

“He is very open-minded,” Frank Biden said in an interview then. 

“Put it that way. I don’t want to speak; I’m talking brother-to-brother. Brother-to-brother,” he added. “The question is, is the world, is the U.S. ready for this? My opinion is that we are on the cusp of a consciousness that needs to be brought about to solve a lot of the problems in and around addiction, but as importantly, to make us aware of the fact that we’re all one people and we’ve got to come together.”

Ocasio-Cortez, however, seems unconvinced by the president’s openness. The New York congresswoman pointed to Biden’s record on cannabis reform, which does include a historic pardon of those with federal pot convictions, but is also highlighted by a stubbornness to fully embrace legalization. Biden has previously suggested that he is open to decriminalization of pot, but not an outright end to prohibition.

“I believe the president has displayed a regressiveness for cannabis policy,” she said in July. “And if there’s a regressiveness toward cannabis policy, it’s likely to be worse on anything else.”

The lawmakers in Michigan hope there are favorable conditions for reform in Washington. 

“The need to address veteran mental health is of key importance in Michigan. In 2021, it was reported that there were 554,281 veterans living in Michigan, making Michigan rank eleventh out of fifty-three states and territories in veteran population,” the resolution said. “However, between 2016 and 2020, it was reported that there were 882 Michigan veterans who died by suicide.”

The lawmakers said they “urge the United States Congress, Department of Defense, and Department of Veterans Affairs to prioritize research and investment in non-technology treatment options for servicemembers and veterans who have psychological trauma as a result of military service.”

They also resolved that copies of their resolution “be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate, the Chair and Ranking Members of the Committees on Veterans Affairs and Armed Services, and the members of the Michigan congressional delegation.”

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A group of four military veterans last week filed suit against New York’s Office of Cannabis Management (OCM), claiming that the agency’s rules that prioritize applicants with prior marijuana convictions for cannabis dispensary licenses violate the state’s 2021 marijuana legalization statute. In a complaint filed in the New York State Supreme Court, the four plaintiffs argue that state regulators failed to follow the Marijuana Regulation and Taxation Act (MRTA) when it did not issue cannabis retail licenses to disabled veterans and members of other minority groups. The lawsuit seeks a temporary restraining order barring the state from issuing further licenses under the Conditional Adult-Use Retail Dispensary (CAURD) program, which have been reserved for applicants with a marijuana-related criminal conviction.

The MRTA included provisions that set a goal of awarding at least half of the state’s recreational marijuana dispensaries to social and economic equity applicants. Under an initiative spearheaded by New York Governor Kathy Hochul last year, the state’s first licenses for retail cannabis shops have been reserved for “individuals most impacted by the unjust enforcement of the prohibition of cannabis or nonprofit organizations whose services include support for the formerly incarcerated.” 

To be eligible for a CAURD license, applicants are required to either have had a cannabis conviction or be the family member of someone with a cannabis conviction, among other criteria. Nonprofits with a history of serving formerly incarcerated or currently incarcerated individuals were eligible to apply for a CAURD license. So far, the OCM has issued 463 CAURD licenses, although less than two dozen dispensaries have opened across the state so far.

“The MRTA had already established a goal to award 50% of all adult-use licenses to social and economic equity applicants. But instead of following the law, OCM and CCB created their own version of ‘social equity’ and determined for themselves which individuals would get priority to enter New York’s nascent adult-use cannabis market,” reads a statement on behalf of the veterans bringing the legal action.

Lawsuit Argues OCM Rules Unconstitutional

The lawsuit was filed by four U.S. veterans who have served a combined more than two decades in various branches of the military. They argue that restricting retail licenses to those with cannabis convictions was not approved by the legislature and violates the state Constitution.

“It’s out of character for a veteran to sue the state to uphold a law,” William Norgard, one of the plaintiffs in the case and a U.S. Army veteran, said in a statement quoted by the Olean Times Herald. “We take oaths to defend the laws of our nation, and trust — maybe naively — that government officials will faithfully and legally execute those laws. What the Office of Cannabis Management is doing right now is in complete breach of that trust. As veterans, we know that someone has to hold the line.”

“Service-disabled veterans are the only social equity group in the law not born into priority status, but a group to which anyone could belong,” said Carmine Fiore, who served eight years in the U.S. Army and New York Army National Guard and is also one of the four plaintiffs in the case. “We are also the only priority group in the (law) that achieved its status by helping communities.” 

“It feels like we were used to get a law passed — a good law, one that helps a lot of people, as well as the state,” Fiore added. “Then, once it was passed, we were cast aside for another agenda.”

The other plaintiffs are Steve Mejia and Dominic Spaccio, who both served six years in the U.S. Air Force.

Lucas McCann, co-founder and chief scientific officer at cannabis compliance consulting firm CannDelta Inc., notes that there is no mention of the CAURD program in the MRTA. When the program was created, the definition of social equity was defined to exclusively include those with previous cannabis-related convictions and previous business experience. But a broader definition of social equity may be appropriate, and future rounds of licensing could include members of other groups, McCann says.

“The grievances brought forward by the four military veterans highlight another facet of the ‘social equity’ conversation that cannot be ignored. Veterans, particularly disabled ones, face their own set of challenges and hurdles,” he wrote in an email. “Their dedicated service to the nation warrants recognition and inclusion in the emerging industry, especially when considering the potential therapeutic benefits of cannabis for a myriad of health issues commonly faced by veterans.”

Michelle Bodian, a partner at the leading cannabis and psychedelics law firm Vicente LLP, said that is too early to determine how the lawsuit will affect the continuing rollout of New York’s regulated marijuana industry. 

“There is always a chance the lawsuit will succeed, and the CAURD program will be halted; however, it’s equally as likely the state will settle with the plaintiffs and award them a license,” Bodian said in a statement to High Times. “As the TRO hearing is scheduled for later this week, we should know in short order whether the CAURD program is frozen in place or whether new provisional or final licenses can be awarded.”

When asked about the legal action, an OCM spokesperson told local media outlets that the agency does not comment on pending litigation.

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The Senate Appropriations Committee approved a spending bill last Thursday that includes an amendment allowing the U.S. Department of Veterans Affairs (VA) doctors to recommend medical cannabis for their patients in legal states. It will now move forward as part of the approved legislation that funds the VA for the 2024 Fiscal Year.

The amendment, which passed via a voice vote, was sponsored by Senator Jeff Merkley, a Democrat from Oregon. It will lead to the same results desired in a standalone bill refiled in the House with bipartisan backing by Representative Earl Blumenauer, a Democrat from Oregon, and Florida Republican Representative Brian Mast, who lost both legs while serving in the Army in Afghanistan. Collectively they are the co-chairs of the Congressional Cannabis Caucus. 

The more recent measure that just passed in The Senate Appropriations Committee “simply says, in states that have a medical cannabis program, that a veteran’s doctor can talk to their veteran patient about the pros and cons of medical cannabis and fill out related paperwork should a veteran decide to participate in a state program where such paperwork is required,” Merkley said. 

The amendment yields the same outcome as The Veterans Equal Access Act, which has not yet been implemented despite passing in committees and clearing floor approval multiple times with bipartisan (not to mention veteran) support. 

In December of 2022, a coalition of more than 20 veterans service organizations (VSOs) wrote a letter to congressional leaders that just about had to beg lawmakers to pass a cannabis and veterans research bill before the end of the previous Congress session. 

“For decades, many veterans have called for medicinal cannabis as an option for treating the unseen wounds of war and other injuries sustained through service,” the letter reads. “Veterans and caregivers have consistently communicated their anecdotal experiences regarding how cannabis offers effective treatment in tackling some of the most pressing health concerns they face upon returning from war.” Given what vets give for this country, and Americans now say that cannabis is safer than alcohol and cigarettes, it is more than a fair ask. 

No such legislation passed in time. However, thanks to the approval of the latest spending bill, vets can now talk to their doctors about medical cannabis. Research continues to show the valuable role cannabis can play in treating PTSD, depression, anxiety, and many other conditions that, unfortunately, are all too familiar among vets. 

Late last year, a study published in the journal Neuropharmacology by researchers from Wayne State University showed evidence that low doses of THC help treat adults with PTSD. While there is plenty of previous research on cannabis and trauma, this was the first to explore how THC affects corticolimbic brain activation. 

Additionally, for those vets with injuries or chronic pain, cannabis offers a safer and harm-reduction path to treating such pain and allows many vets to opt out of opiates. 

“We remain committed to the VA’s goal of conducting research into the efficacy of medicinal cannabis as a treatment for veterans with chronic pain, PTSD, and Traumatic Brain Injuries,” their letter continues. “However, as a Schedule I drug under the [Food and Drug Administration], research into the efficacy of cannabis has been stagnant, cumbersome, and convoluted with red tape. Federal research into cannabis faces many bureaucratic hurdles that hinder researchers.”

In related news, Representative Mariannette Miller-Meeks, a Republican from Iowa, filed different legislation in May that would promote research for treating conditions such as PTSD and chronic pain within the VA, and that’s just one of many bills currently making their way through Congress. 

In April, bipartisan House representatives and Senators also refiled bills to legalize medical marijuana for military veterans. If made into law, it would allow veterans to legally possess and use cannabis on a federal level (but following state law) as recommended by their doctor.

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