Patients Over 65 With a Chronic Disease
Effective January 1, 2023, a patient over the age of 65 who has received a physician’s assessment declaring that they have a serious medical condition, as defined by Health and Safety Code (HSC) section 11362.7 (h), and that the use of medicinal cannabis is appropriate must be allowed use of medicinal cannabis by a SNF, CLHF, SH, HOFA, or HHA. Patients over 65 with a chronic disease and a physician’s recommendation for medicinal cannabis use must provide the health care facility a copy of their medical marijuana card or written documentation of the physician’s assessment and recommendation.
GACH patients over 65 with a chronic disease are excluded from the bill’s medicinal cannabis authorization; however, terminally ill GACH patients may continue to use medicinal cannabis. No patient receiving emergency services and care may use medicinal cannabis.
Inclusion of HHA Patients
SB 302 adds HHAs to the Act’s definition of health care facilities; therefore, they must allow both terminally ill patients and those over 65 with a chronic disease to use medicinal cannabis. This bill exempts HHA patients from the prohibition against smoking or vaping medicinal cannabis but requires each HHA to prohibit cannabis smoking or vaping immediately before or while HHA staff are present in the patient’s residence.
The bill also exempts HHAs from the following Act requirements:
- Secure storage of the medicinal cannabis.
- Development and dissemination of written guidelines for the use and disposal of medicinal cannabis.
- Removal and disposal of remaining medicinal cannabis by the health care facility after a patient’s discharge.