Marijuana Moment: Colorado Governor Signs Bill To Allow Medical Marijuana Use In Hospitals, But Criticizes Amendment Letting Facilities Opt Out

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Colorado’s governor has signed a bill that will let terminally ill patients to use medical marijuana in healthcare facilities such as hospitals —though he expressed concerns about an amendment that was made to the legislation that he said “differs from the original intent” of the proposal by making participation by care centers optional rather than mandatory.

“Colorado has long been a national leader in recognizing the medical value of marijuana, and in respecting the dignity and autonomy of patients. Many terminally ill patients rely on medical marijuana to manage pain, nausea, anxiety, appetite loss and more,” Gov. Jared Polis (D) said when signing the bill on Monday. “For some families, it is the difference between a patient being alert and present with loved ones or heavily sedated during their final days.”

But because of the amendments made to the legislation from Sen. Kyle Mullica (D) and Reps. Sheila Lieder (D) and Lisa Feret (D) before it reached his desk, the governor said he is “concerned that many hospitals may not utilize this option, but at least hospitals have a chance to demonstrate otherwise.”

“Despite the changes, I am signing this bill today because even an incremental step can encourage health care facilities to develop policies that better respect patient choice,” he said. “However, I do want to be clear: more work does need to be done to deliver the protections that terminally ill Coloradans deserve.”

Advocates have been critical about changes made throughout the legislative process, arguing, for example, that making it so hospitals would have the option—rather than a mandate—to allow medical cannabis use in their facilities fundamentally undermines the intent of the reform.

Jim Bartell, the father of a young California patient who passed away and who inspired the policy that’s become known as Ryan’s Law in his home state and several others, urged members of a House committee to go back to original language of the bill and “use the original language of ‘shall’ and ‘must’” so that it doesn’t create a patchwork network of health facilities that permit or prohibit medical cannabis use.

“For families like mine, this legislation is not theoretical,” he said. “It’s part of ethical and compassionate care.”

The governor, for his part, said in a signing statement that he wants lawmakers to “continue working with patients, families, health care providers, and advocates to strengthen this policy in future sessions.”

“Colorado should be leading the charge to ensure that no patient is forced to choose between receiving care in a health care facility and accessing the medicine that helps them live their final days with greater comfort and dignity,” Polis said. “Our state has always sought to lead with compassion, innovation, and respect for personal freedom. When it comes to end-of-life care, those values matter more than ever.”

Under SB 26-007, health facilities would be permitted to develop guidelines for the use, storage and administration of medical marijuana.

The Colorado Department of Public Health and Environment (CDPHE) would be prohibited from requiring compliance with the policy as a condition of obtaining or renewing a license or certification under the bill. Health facilities would be allowed to suspend the policy change if they risked enforcement action by a federal agency.

Other amendments adopted in the Senate add additional compliance language, clarify that health facilities wouldn’t be required to store or dispense medical cannabis and limit legal liability for health institutions that permit medical marijuana use.

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Last month, a House committee  rejected a separate bill that would put a measure on the state’s November ballot asking voters to increase marijuana and alcohol taxes to support mental health treatment.

Meanwhile, Colorado saw over $1 billion in marijuana sales—a milestone the governor touted in December.

Polis also said in February that his state should not have joined a lawsuit supporting the federal ban on gun ownership by people who use marijuana that recently went before the U.S. Supreme Court—and he personally opposes the state attorney general’s “legal position on this.”

Colorado regulators recently touted another successful year of nearly perfect marijuana business compliance with state laws prohibiting the sale of cannabis to underage youth—with a report showing that 99 percent of retailers checking IDs to verify the age of covert investigators.

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