California governor signs ‘Ryan’s Law’ allowing cannabis for terminally ill patients

Ryan’s Law or The Compassionate Access to Medical Cannabis Act would allow patients to use medical cannabis in certain situations on hospital grounds.

California Governor Gavin Newsom has signed Ryan’s Law legislation into law to expand end-of-life treatment and pain relief options for terminally ill patients.

In a press release, Senator Hueso who raised the bill stated: “It is inconceivable to me that, in a state where medical cannabis was legalized more than 25 years ago, those in deepest suffering receiving treatment in our state’s healthcare facilities cannot access this proven, effective, and prescribed treatment.”

“Instead, terminally-ill patients in California healthcare facilities are given heavy opiates that rob them of their precious last moments with family and friends. This is a simple, yet critical, move that will provide relief, compassion and dignity to terminally-ill Californians.”

Members of the California Assembly and Senate advanced legislation to the governor’s desk earlier this year, which would allow medical cannabis products in hospitals and care facilities. The bill, Senate Bill 311 provides for a terminally ill patient’s use of medical cannabis within a healthcare facility. It will prevent patients from using inhalers or vapes and bans cannabis from the emergency room.

The legislation was partly inspired by a father who was initially denied access to cannabis at a California hospital while his son was dying from cancer. Jim Bartell eventually gained access to a facility that allowed the treatment and said his son’s life dramatically improved in his final few days.

California Bill

In July, the bill’s sponsor, State Senator Ben Hueso, drafted a letter to the US Department of Health and Human Services to inquire if allowing cannabis use on hospital grounds may cause issues with federal funding. Senator Hueso has repeatedly fought to allow cannabis use in medical facilities for terminally ill patients.

So far, only a few states allow cannabis products for hospitalised patients such as Maine and Connecticut.

I’m respectfully requesting that CMS & HHS provide clarification assuring Medicare/Medicaid providers they won’t lose reimbursements for allowing #medicalcannabis use on their premises. This would go a long way to help hospital staff, security &, above all, patients. @SecBecerra pic.twitter.com/Zh9CJtujxc

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

The California State Assembly voted 57-1 to approve the bill earlier in September, and the Senate approved the other chamber’s amendments in a 36-1 vote.

The bill reads: “(it) would require specified types of health care facilities to allow a terminally ill patient’s use of medicinal cannabis within the health care facility, subject to certain restrictions,”

“The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician.

“The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility.”

California government

Although this attempt has been successful, it was originally vetoed by Democratic Governor Gavin Newsom who was concerned it could create conflict between federal and state law. Newsom has only just defeated a recall attempt after voters chose him over a Republican candidate.

The US Hemp Round Table, A cannabis coalition group stated: “We’re excited to report that a final deal has been reached with Governor Gavin Newsom to move to the final passage of AB 45, our long term effort to explicitly permit the retail sale of hemp-derived extracts such as CBD in California.  And a highlight of that compromise was the removal of language to ban hemp smokables in the state – replaced by a phase-in approach that will permit their sale to adults and the immediate manufacture of smokable products to be sold in other states.”

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