The Pennsylvania Senate Law and Justice Committee voted Tuesday to advance legislation that would require certain health care facilities to allow terminally ill patients to use medical marijuana.
Senate Bill 1035, known as Ryan’s Law, now advances to the full Senate for consideration. The measure is sponsored by Senator John Kane (D) and has more than 20 cosponsors from both parties, including Law and Justice Committee Chair Senator Dan Laughlin (R).
The legislation would amend Pennsylvania’s Medical Marijuana Act to establish protections for patients diagnosed with a terminal condition resulting in a life expectancy of one year or less.
Under the bill, health care facilities would be required to allow qualifying terminally ill patients to use medical marijuana while receiving care. Smoking and vaping would remain prohibited.
Facilities could establish reasonable restrictions governing how marijuana is stored and used, including requiring products to be kept in a locked container. Medical marijuana use would also be documented in the patient’s medical record, and patients would be required to provide a valid medical marijuana identification card or other documentation authorized under state law.
The bill would require facilities to develop written guidelines governing medical marijuana use.
The requirements would not apply while a patient is receiving emergency services or care in an emergency department. Facilities would also not be required to recommend medical marijuana or include it in a patient’s discharge plan.
Ryan’s Law includes provisions addressing marijuana’s continuing status under federal law. A facility could suspend compliance if a federal regulatory agency, the U.S. Department of Justice or the Centers for Medicare and Medicaid Services takes enforcement action or explicitly prohibits medical marijuana use in health care facilities. However, the bill specifies that marijuana’s federal scheduling status alone would not allow a facility to prohibit its use.
Kane introduced the proposal after his own experience with cancer and in recognition of Ryan Bartell, who was diagnosed with terminal pancreatic cancer in his early 40s. According to Kane, Bartell’s family sought an alternative to opioid medications that left him heavily sedated during the final weeks of his life. Bartell eventually received medical marijuana while hospitalized, allowing him to manage his pain while remaining more alert during visits with family and friends.
A separate House version of Ryan’s Law, House Bill 2254, passed the Pennsylvania House by a 174 to 27 vote on June 1 and was subsequently referred to the Senate Law and Justice Committee.
If SB 1035 ultimately passes both chambers and is signed into law, it would take effect 60 days after enactment.
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