Key Considerations for Tribal Health Programs
DOJ Policy Statement priority number eight, “preventing marijuana possession or use on federal property ” needs to be addressed Marijuana will need to be reclassified from a Schedule I substance under the Controlled Substances Act If marijuana can be reclassified and be approved by the FDA, than the IHS position on Medical Use of Marijuana could be retracted If IHS position does not change, Tribes cannot dispense or prescribe medical marijuana at tribal health facilities operated under the ISDEAA. Tribes might be able to dispense outside the IHS system, but would lose important benefits of that system, including Federal Tort Claims Act coverage.
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