Health care facilities would let terminally ill patients use medical marijuana

Health care facilities would have to permit terminally ill patients to use medical marijuana and follow safety and recordkeeping rules. A patient is someone whose illness would result in a prognosis of one year or less if the disease follows its natural course. Facilities may reasonably restrict how patients store and use medical marijuana to protect others, follow state law, and operate safely. Patients must provide a valid identification card or written documentation. Smoking and vaping are prohibited. The requirements do not apply while a patient is receiving emergency care. Facilities need not recommend medical marijuana or include it in a discharge plan.

A facility could suspend these requirements after certain federal actions. This applies to health care facilities covered by the chapter's patient-use requirements. A suspension is allowed if a federal agency or the Justice Department starts enforcement related to the facility's compliance with a state medical marijuana program, or if a listed federal agency or department expressly bars use in health care facilities or compliance with such a program. Older federal limits, including cannabis's Schedule I status, alone do not allow a facility to suspend compliance. A pause could last until the relevant agency or department tells the facility it may resume permitting use.