Pennsylvania Senate Committee Schedules September 29 Vote on Bill Allowing Medical Marijuana Use in Hospitals

A Pennsylvania Senate committee has scheduled a vote for September 29 on legislation that would require certain healthcare facilities to allow terminally ill patients to use medical marijuana while receiving care.

The Senate Law and Justice Committee will consider Senate Bill 1035, known as Ryan’s Law, at 10 a.m. ET Tuesday. The meeting will be livestreamed.

Senate Bill 1035, sponsored by Senator John Kane (D), would amend Pennsylvania’s Medical Marijuana Act to establish a right for terminally ill patients to use medical marijuana in specified healthcare facilities.

Under the proposal, facilities would be required to allow qualifying patients to use medical marijuana but could prohibit smoking and vaping. Facilities could also establish reasonable restrictions on how marijuana is stored and used, including requiring products to be kept in a locked container.

The measure defines a terminally ill patient as someone with a medical condition resulting in a prognosis of one year or less if the disease follows its natural course.

Facilities would be required to document medical marijuana use in a patient’s medical record and verify the patient’s medical marijuana identification or other qualifying documentation. The requirements would not apply while a patient is receiving emergency services.

The legislation would also allow facilities to temporarily 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 expressly prohibits marijuana use in healthcare facilities. The bill states that marijuana’s federal Schedule I status alone would not be sufficient grounds to deny patient use.

Ryan’s Law is named for Ryan Bartell, a Coast Guard veteran who developed terminal pancreatic cancer in his early 40s. In a legislative memo, Kane said Bartell was heavily sedated with opioids during treatment before transferring to a California facility where he could use medical marijuana and spend his remaining time interacting with family and friends.

SB 1035 has broad support in the Senate, with 22 cosponsors in addition to Kane. Republican Sens. Elder Vogel, Dan Laughlin and Devlin Robinson are among those supporting the legislation. Laughlin chairs the Law and Justice Committee that will consider the bill Tuesday.

A House version of Ryan’s Law, House Bill 2254, passed the Pennsylvania House 174-27 on June 1 and was subsequently referred to the Senate Law and Justice Committee.

Although both versions are now before the same Senate committee, the September 29 agenda specifically lists SB 1035 for consideration.

If enacted, the Senate legislation would take effect 60 days after becoming law.