The U.S. Department of Health and Human Services (HHS) and California Governor Gavin Newsom, D, are currently looking into the possible use of medical cannabis in hospitals. Additionally, Senator Ben Hueso, D, wrote SB 311. This would allow state and federally funded hospitals to administer medical cannabis to terminally ill patients without fear of them losing funding.
Ryan’s Law
Senator Hueso partnered with Jim Bartell, a father who lost his son to cancer. While Jim’s son, Ryan, suffered from stage four pancreatic cancer, the first hospital only administered fentanyl as a pain reliever. This kept Ryan in an almost consistent sleep state. So Jim moved his son to a hospital willing to give Ryan medical cannabis four times a day to help with Ryan’s pain relief. And the family saw an immediate difference in their son.
“He would sleep through the night and wake up pain-free,” Bartell said. “He was talking, texting his friends, and asking them to visit him. During his last two and a half weeks, he met with dozens of visitors and he spent an hour every day talking to his son (John’s grandson) just the two of them.”
Shortly after Ryan Bartell passed away, his father wanted to help others who had gone through the same thing as him. He wanted to give people a chance to feel pain free at the end of their life. “I want to make it possible for people to die with some dignity and to be able to have a quality of life that allows them to communicate with their family and friends before they die,” Bartell recalled.
SB 311
With Senator Hueso’s help, Jim Bartell was able to write SB 311. “Ryan’s Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in a letter to state and federal officials. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”
Senator Hueso also sent a letter to the Medicare and Medicaid Services (CMS) asking for clarification on funding. CMS responded by stating there are no federal regulations which specifically address medical cannabis use in hospitals. CMS is also not aware of any cases where funding had been pulled because a hospital gave patients medical cannabis.
“Our correspondence from CMS reaffirmed for us, and the state agencies, that we do not have to fear federal penalties in regards to cannabis use by terminally-ill patients in hospitals,” Bartell told Marijuana Moment.
Next Steps
SB 311 has already passed the full California Senate and one General Assembly committee. It now faces a second General Assembly committee before a full Assembly vote. If the Assembly approves the bill, then it heads to Governor Newsom for his signature. Previously, Governor Newsom has supported legalization efforts. He is expected to sign SB 311 should it come to his desk. As more information becomes available, we will update you with the latest.
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