Legislation in Virginia that would require medical care facilities to allow certain terminally ill patients to use medical marijuana during inpatient stays has advanced in the House with a substitute approved by the House Committee on Health and Human Services.
House Bill 75, sponsored by Delegate Karen Keys-Gamarra (D), was reported from committee on February 12 with a substitute after incorporating language from HB 486. The updated version establishes a new section of state law outlining when and how an “eligible patient” may use medical marijuana inside a medical care facility.
Under the substitute, an eligible patient is defined as someone who is at least 18 years old, is a Virginia resident, has been diagnosed with a terminal disease, and has had that diagnosis confirmed by a consulting health care provider following an in-person examination and review of medical records.
The measure would require medical care facilities to adopt formal policies allowing such patients to use medical marijuana in accordance with Virginia’s Medical Cannabis Program. Smoking and vaping would be prohibited, and facilities would be allowed to impose reasonable storage requirements, including the use of locked containers. The bill also requires that medical marijuana use be documented in the patient’s medical record and that the patient provide a valid written certification.
The legislation would not apply to patients receiving emergency medical services or those in hospital emergency departments while receiving such care. Facilities would still need to comply with applicable drug and medication requirements, but the bill makes clear they would not be required to issue certifications or include marijuana in a discharge plan.
The substitute also includes federal safeguard language. If a federal regulatory agency, the U.S. Department of Justice, or the Centers for Medicare and Medicaid Services takes enforcement action or issues rules expressly prohibiting medical marijuana use in facilities, a provider could suspend compliance until notified it may resume. At the same time, the bill specifies that a facility may not prohibit use solely because marijuana is classified as a Schedule III drug or due to federal constraints that existed prior to enactment.
The proposal further states that refusal to permit medical marijuana use under the section would not constitute grounds to deny, suspend, or revoke a facility’s license.
If enacted, the measure would take effect on the date marijuana is federally rescheduled from Schedule I to Schedule III under the Controlled Substances Act.
With the committee substitute now reported, HB 75 moves closer to consideration by the full House.
