Veteran urges limited medical cannabis exceptions for serious illnesses in Idaho

Sergeant Jeremy Kitzhaber, a Boise resident and retired Air Force aircraft engineer, told the Idaho House Health and Welfare Committee that he has stage 4 pseudomyxoma peritonei and that medical cannabis is a treatment option his doctors have suggested.

Kitzhaber, who said he has undergone extensive surgery and more than 150 rounds of medical treatment, urged lawmakers to create a narrowly drawn medical exception so seriously ill Idahoans can try regulated cannabis products “without the fear of criminal prosecution and conviction for their treatment of their injuries and illnesses.”

Kitzhaber said the bill he and lawmakers introduced this year is House Bill 401, the Sergeant Kitzhaber Medical Cannabis Act. Representative Rubell told the committee the measure was introduced as a personal bill and “will not be moving forward this year.” The appearance before the committee was informational only; the committee chair reminded members that “there is not a bill in front of the committee.”

Why it matters

Kitzhaber framed his request around pain, nausea, appetite loss and sleep problems associated with cancer treatment and surgery. He said those symptoms and side effects are listed by the Food and Drug Administration and other experts as conditions cannabis can treat for some cancer patients, and he described the financial and medical burden of his care — including a reported $17,000 monthly cost for some treatments — as context for his appeal.

Key provisions described by Kitzhaber

- Decriminalization only for defined medical conditions; the proposal would not legalize recreational cannabis. Kitzhaber said he modeled the bill on Utah’s law but made several restrictions tighter. - Limits on product and supply: the proposal, as described, would limit unprocessed cannabis flower and set a THC cap (Kitzhaber said the bill limits THC to 22% and allows 60 grams of unprocessed flower for a 60‑day supply; he contrasted that with Utah limits he considered larger). - Regulatory oversight: Kitzhaber said the program would be administered by the Idaho Board of Pharmacy (an electronic registry accessible to law enforcement), not the Department of Health, and that only practitioners who can prescribe opioids would be authorized to recommend medical cannabis. - No home growing and strict rules on public use: Kitzhaber said smoking or public consumption would remain illegal; a first violation would result in loss of a medical card under his draft language. - Protections and enforcement: Kitzhaber said his draft includes language intended to protect cardholders’ firearm rights from administrative action based solely on lawful state medical use, and that the bill would bar law enforcement from using state resources to seek federal enforcement on a user’s gun rights.

Kitzhaber’s account and personal context

Kitzhaber described multiple major abdominal surgeries, repeated hospitalizations and treatment regimens. He said physicians at his specialized cancer center in southern California recommended medical cannabis as an option to address pain, nausea and appetite. He also described difficulties with opioid side effects, including constipation and bowel obstruction risk for patients with extensive intestinal surgery.

Kitzhaber said he had tried cannabis while traveling and found edible forms helped his sleep and pain in some instances. He also noted the high cost of FDA‑approved cannabinoid medications (he cited a published retail example of a purified CBD product costing roughly $1,000 for a small quantity and described other synthetic cannabinoid drugs at higher prices) compared with dispensary products in states where medical cannabis is legal.

Federal and veterans’ issues

Kitzhaber told the committee that federal agencies have shifted toward recognizing medical uses for cannabis: he referenced a 2023 report that prompted Health and Human Services to advise the Drug Enforcement Administration to consider rescheduling cannabis from Schedule I to Schedule III. He also said pending congressional bills would allow Department of Veterans Affairs doctors to discuss medical cannabis with patients where state law permits, a change he said would matter to many veterans.

Committee members’ questions and concerns

Committee members asked about public use and odor, retail and pharmacy regulation, interactions with VA prescribing and continuity of opioid treatment, seizure‑disorder effectiveness, and firearm rights.

- Representative Viceringer asked whether the bill would address public smoking; Kitzhaber replied that smoking or consuming in public would be illegal under his draft and that a single violation could cost a patient their card. - Representative Levitt asked whether regulated distribution would go through pharmacies; Kitzhaber said federal law currently prevents pharmacies from dispensing non‑FDA cannabis products and that dispensaries in medical states typically operate under strict security and cash‑based regulation. - Concerns about opioid access: Kitzhaber told the committee he had not heard of veterans losing VA care solely for using medical cannabis in medical states, but he warned that felony convictions (e.g., a sentence longer than 60 days) can jeopardize disability and retired pay under current law. - Firearms: Kitzhaber said HB401 would include explicit language intended to prevent state law enforcement from using state resources to trigger federal firearm‑disability actions for lawful medical use; he said similar protections exist in other states’ medical programs. - Representative Thompson asked about cases where cannabis stopped working for seizure patients; Kitzhaber said he had not encountered that outcome in his research but expressed sympathy for individual treatment failures and the need for more study.

Kitzhaber’s outreach and bill history

Kitzhaber said he has worked on the proposal since about 2019 and has consulted medical providers, law enforcement retirees, veterans’ groups, pharmacy experts and other stakeholders. He said the bill limits prescribers to clinicians authorized to prescribe opioids, sets packaging and storage requirements, and aims to minimize diversion and public use.

What lawmakers said

Representative Rubell introduced Kitzhaber and noted the bill’s authorship and that it was modeled on Utah’s legislation. Rubell told the committee the measure was introduced as a personal bill and “will not be moving forward this year.” The committee chair reiterated that the appearance was informational and that no bill hearing was being held.

Next steps and context

Kitzhaber asked legislators to consider an exemption so seriously ill Idahoans need not face criminal penalties for medically recommended cannabis use. The committee did not hear or vote on HB401 during this informational session. Committee leadership closed the meeting and noted the committee was adjourned subject to call of the chair; another bill (referred to as House Bill 1087, on medical record fees) may return to the committee later in the session.