California Medical Cannabis Law Approval in Hospitals goes to the governor’s desk

The Compassionate Access to Medical Cannabis Act, or Ryan’s Law, would allow patients in California with serious medical conditions to use non-smokable medical cannabis in hospitals. After Ryan’s bill and a bill to regulate smokable hemp products were approved by the California Assembly and the California Senate, both landed on the governor’s desk amid a recall election.

If and when the governor signs it, Senate Bill 311 or Ryan’s Act would allow terminally ill patients to use medicinal cannabis in healthcare facilities. However, the proposal prohibits patients from inhaling or vaping herbal cannabis products. It also limits the use of all forms of cannabis in emergency rooms.

Members of the California Assembly and Senate passed a bill and posted a bill on the governor’s desk allowing the use of medicinal cannabis products in hospitals and other authorized health care facilities.

The California State Assembly voted 57-1 in favor of the bill on September 9, and the Senate voted 36-1 in favor of the other chamber’s amendments the next day.

The bill was driven by State Senator Ben Hueso, who has repeatedly advocated the approval of cannabis in medical facilities for terminally ill patients. In July, Hueso sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure asking them to clarify whether hospitals in legal cannabis states can allow terminally ill patients to provide medical care Endanger cannabis without federal funding.

I respectfully request clarification from CMS and HHS to ensure Medicare / Medicaid providers do not lose reimbursements for allowing the use of #medicalcannabis on their premises. This would be of great help to hospital staff, safety, and most importantly, the patients. @SecBecerra pic.twitter.com/Zh9CJtujxc

– Senator Ben Hueso (@SenBenHueso) July 29, 2021

The bill “would require certain types of health facilities to allow a terminally ill patient to use medical cannabis within the health facility under certain restrictions,” it says. “The bill would require a patient to provide the health facility with a copy of their medical marijuana card or written documentation that the use of medical cannabis is recommended by a doctor. The bill would require a healthcare facility to adequately restrict the manner in which a patient stores and uses medical cannabis in order to ensure the safety of other patients, guests and health facility staff, compliance with other state laws, and safe operation of the facility Health facility “.

Legislature approved a similar bill in 2019, but vetoed it by Governor Gavin Newsom, who raised concerns that it would create a conflict between federal and state law.

Representatives from HHS and the governor’s office recently reached out to Hueso to say they are continuing to investigate the matter.

The Senator’s legislation was inspired in part by the experience of a father whose son died of cancer and who was initially denied access to cannabis in a California hospital. Jim Bartell eventually found a facility that agreed to the treatment, and he said his son’s quality of life had improved dramatically in these past few days.

The US Hemp Roundtable claims it has reached an agreement and expects Governor Newsom to sign the hemp-derived CBD bill. “We are pleased to announce that a definitive agreement has been reached with Governor Gavin Newsom to achieve final adoption of AB 45, our long-term effort to explicitly allow the retail sale of hemp extracts such as CBD in California,” a US Hemp Roundtable publication reads. However, it is unclear whether the governor will sign Ryan’s bill as he previously vetoed a similar bill due to confusion over its federal implications.

AB 45 would enable hemp CBD extracts to be sold outside of licensed cannabis dispensaries. The Senate with 29-2 votes on Wednesday. The assembly approved the amendments and passed the bill on Thursday by 56 votes to 3.