Pennsylvania Lawmakers File Bill to Guarantee Medical Marijuana Access for Terminally Ill Patients in Care Facilities
- Pennsylvania lawmakers introduced House Bill 2254 to allow terminally ill patients to use medical marijuana in certain health care facilities under specific conditions.
- The bill mandates hospitals, nursing homes, assisted living, and personal care facilities to permit medical marijuana use if it doesn’t interfere with treatment, avoids vaporization, and is documented in medical records with a valid ID card.
- Facilities must create written guidelines for storage, safety, and documentation within 180 days but aren’t required to administer marijuana or include it in discharge plans.
- Non-compliant facilities could face civil penalties up to $500 per violation per day, though compliance may be suspended if federal enforcement actions occur; the bill is currently with the House Health Committee.
A group of Pennsylvania lawmakers filed legislation today that would require certain health care facilities to allow terminally ill patients to use medical marijuana while receiving care. House Bill 2254, introduced by State Representative Dan Frankel (D) along with 18 Democratic co-sponsors, would amend the state’s Medical Marijuana Act to establish what the proposal calls “compassionate access” to medical marijuana within licensed facilities.
Under the bill, hospitals, long-term care nursing facilities, assisted living residences and personal care homes would be required to permit a terminally ill patient to use or be administered medical marijuana, provided specific conditions are met. The marijuana use could not interfere with the patient’s treatment plan, must not involve vaporization or any form that could impact other patients, and must be properly documented in the patient’s medical record. Patients or their caregivers would also need to present a valid medical marijuana identification card.
The legislation would require facilities to develop written guidelines within 180 days, including rules for secure storage, safety protections for other patients and staff, and documentation procedures. However, facilities would not be required to administer marijuana themselves, provide certifications, include marijuana in discharge plans, or allow use in emergency departments.
The measure also establishes potential civil penalties of up to $500 per violation per day for facilities that fail to comply. At the same time, it includes language allowing facilities to suspend compliance if federal regulators initiate enforcement actions related to marijuana policy.
HB 2254 has been referred to the House Health Committee for consideration.