A bill filed today in the New York State Assembly would explicitly authorize the use of medical marijuana by terminally ill patients in hospitals and nursing homes.
New York State Capitol Building.
Assembly Bill 8469, introduced by Assemblymember Amy Paulin (D), was referred to the Assembly Committee on Health. The measure would create a new section of public health law establishing that health care facilities must allow the use of medical cannabis by terminally ill patients, so long as it does not involve smoking or vaping.
Under the bill, health care facilities would be allowed to reasonably regulate how cannabis is stored and administered, including requiring that it be kept in locked containers and recorded in patient medical records. The legislation would not compel facilities to provide marijuana to patients, but they would be prohibited from banning its use if a terminally ill patient is authorized to possess it and provides a valid registry identification card.
The measure would also authorize the state Department of Health to issue written guidelines on administering cannabis in health care facilities.
The bill clarifies that it does not expand or otherwise alter laws regarding cultivation, possession, or production of marijuana and that nothing in it shall require a facility to violate federal law or provide marijuana to a patient directly. However, it does protect a terminally ill patient’s right to use it in accordance with state law.
If approved, the measure would take effect immediately.
