Colorado Senate Bill Would Require Health Facilities to Allow Medical Marijuana Use by Terminally Ill Patients

Colorado State Capitol Building.

Legislation filed today in the Colorado Senate would require licensed health facilities to allow terminally ill patients enrolled in the state’s medical marijuana program to use medical marijuana while receiving care. The bill was introduced by State Senators Kyle Mullica (D), Lisa Feret (D) and Sheila Lieder (D). It has been assigned to the Senate Health and Human Services Committee for consideration.

Under the proposal, health facilities would be required to allow registered medical marijuana patients with a terminal illness to use medical marijuana on-site, provided that the use does not involve smoking or vaping and is consistent with the patient’s physician recommendation. The bill applies to patients who are checked into or residing at a licensed or certified health facility, allowing them to consume cannabis edibles, tinctures, capsules, and more.

The bill includes liability protections, stating that a health facility and its employees would not be held liable for actions taken in compliance with the measure, unless those actions were performed negligently or recklessly.

The proposal would prohibit the Colorado Department of Public Health and Environment from requiring compliance with the bill as a condition for a health facility to obtain, maintain, or renew its license or certification. The measure also allows facilities to temporarily suspend compliance if a federal agency, including the Centers for Medicare and Medicaid Services or the U.S. Department of Justice, takes enforcement action or issues guidance that would require suspension. Facilities would be required to resume compliance once that federal action is lifted.

If enacted, the bill would take effect on August 12, 2026.