Colorado Bill To Allow Medical Marijuana Use In Hospitals Heads To Governor’s Desk
- The Colorado House passed a bill allowing terminally ill patients to use medical marijuana in healthcare facilities, but amendments giving hospitals the option rather than mandate to permit use have sparked criticism from advocates.
- The bill passed the House with a 49-12 vote and now awaits Governor Jared Polis's approval; Polis has been a longtime supporter of cannabis reform in Colorado.
- Advocates argue that the bill’s modifications weaken its effectiveness, urging a return to language that would require hospitals to allow medical marijuana use, to avoid inconsistent access across facilities.
- Under the bill, healthcare facilities can develop policies on medical marijuana use and are not obligated to store or dispense cannabis, while the Colorado Department of Public Health will conduct outreach without enforcing compliance as a licensing condition.
The Colorado House of Representatives has sent a bill to the governor that would allow terminally ill patients to use medical marijuana in healthcare facilities such as hospitals—with recently added provisions that advocates argue undermine the measure’s original intent.
Weeks after advancing through the Senate, with amendments, the legislation from Sen. Kyle Mullica (D) cleared the full House on third reading in a 49-12 vote on Tuesday. It now heads to the desk of Gov. Jared Polis (D), who has long championed cannabis reform in the state.
“This is a good bill,” Rep. Ryan Gonzalez (R) said on the floor. “I think we should be able to give patients who are terminally ill, and other conditions, an option to have alternative methods of treatment. And that includes cannabis.”
“I just can’t stress enough the importance of this bill for my district, for my community and for the people that I represent,” he said. “I went back to my district, and they were very excited about this—for people who have an opportunity to do this.”
That said, advocates have been critical about changes made throughout the legislative process, arguing, for example, that making it so hospitals would have the option—rather than a mandate—to allow medical cannabis use in their facilities fundamentally undermines the intent of the reform.
Jim Bartell, the father of a young California patient who passed away and who inspired the policy that’s become known as Ryan’s Law in his home state and several others, urged members of a House committee earlier this month to go back to original language of the bill and “use the original language of ‘shall’ and ‘must’” so that it doesn’t create a patchwork network of health facilities that permit or prohibit medical cannabis use.
“For families like mine, this legislation is not theoretical. It’s part of ethical and compassionate care,” he said.
Lieder, one of the bill sponsors, said in response to committee testimony that she had just learned about the amendments that advocates are opposing. That point was echoed during second reading on the House floor on Monday, but the measure was not ultimately revised accordingly.
Under SB 26-007, health facilities would be permitted to develop guidelines for the use, storage and administration of medical marijuana.
The Colorado Department of Public Health and Environment (CDPHE) would be prohibited from requiring compliance with the policy as a condition of obtaining or renewing a license or certification under the bill. Health facilities would be allowed to suspend the policy change if they risked enforcement action by a federal agency.
“In FY 2026-27, workload in the Health Facilities and Emergency Medical Services Division in CDPHE will minimally increase to conduct outreach and education to licensed health care facilities regarding medical marijuana use,” a fiscal impact analysis says. “The department may also require legal services, provided by the Department of Law, related to rulemaking and implementation. This workload can be accomplished within existing appropriations.”
Other amendments adopted in the Senate add additional compliance language, clarify that health facilities wouldn’t be required to store or dispense medical cannabis and limit legal liability for health institutions that permit medical marijuana use.
— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. —
Meanwhile in Colorado, the state saw over $1 billion in marijuana sales—a milestone the governor touted in December.
The governor also said last month that his state should not have joined a lawsuit supporting the federal ban on gun ownership by people who use marijuana that recently went before the U.S. Supreme Court—and he personally opposes the state attorney general’s “legal position on this.”
Photo courtesy of Mike Latimer.