Chapter 4.9 - Compassionate Access to Medical Cannabis Act or Ryan’s Law

California Health and Safety Code — §§ 1649-1649.6

Sections (7)

Added by Stats. 2021, Ch. 384, Sec. 1. (SB 311) Effective January 1, 2022.

(a)This chapter shall be known, and may be cited, as the “Compassionate Access to Medical Cannabis Act” or “Ryan’s Law.”

(b)It is the intent of the Legislature in enacting this chapter to support the ability of a terminally ill patient to safely use medicinal cannabis within specified health care facilities in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.

§ 1649.1

Amended by Stats. 2023, Ch. 484, Sec. 1. (SB 302) Effective January 1, 2024.

Unless the context requires otherwise, the following definitions shall apply for purposes of this chapter:

(a)“Compassionate Use Act of 1996” means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.

(b)(1) Except as provided in paragraph (2), “health

care facility” means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250 or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2.

(2)The meaning of “health care facility” shall not include any of the following:

(A)A chemical dependency recovery hospital.

(B)A state hospital.

(C)An emergency department of a health care facility, as specified

in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.

(c)“Home health agency” means a private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other government agency within the state, that provides, or arranges for the provision of, skilled

nursing services, to persons in their temporary or permanent place of residence and is licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2.

(d)“Medicinal cannabis” means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.

(e)“Patient” means an individual who

meets one or both of the following criteria:

(1)Is terminally ill.

(2)Is over 65 years of age with a chronic disease for which the patient has received a physician’s assessment declaring that the patient has a serious medical condition, as defined by subdivision (h) of Section 11362.7 and that the use of medicinal cannabis is appropriate.

(f)“Terminally ill” means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course.

§ 1649.2

Amended by Stats. 2024, Ch. 492, Sec. 5. (SB 1511) Effective January 1, 2025.

(a)Except as provided in subdivision (b), a health care facility shall permit patient use of medicinal cannabis, as indicated by the attending physician, as defined by Section 11362.7, in the patient’s medical record and shall do all of the following:

(1)(A) A home health agency shall prohibit smoking or vaping immediately before or while home health agency staff are present in the residence.

(B)All other health facilities shall prohibit smoking or vaping as methods to use medicinal cannabis.

(2)Include the use of medicinal cannabis within the

patient’s medical records.

(3)Require a patient to provide a copy of the patient’s valid identification card, as described in Section 11362.715, or a copy of that patient’s written documentation as defined in Section 11362.7.

(4)Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.

(5)Require medicinal cannabis to be stored securely at all times in a locked container in the patient’s room, other designated area, or with the patient’s primary caregiver. This requirement does not apply to a home health agency.

(6)Prohibit health care

professionals, health care facility staff, and home health agency staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.

(7)Develop, disseminate, and train health facility staff on the written guidelines developed by the facility for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. This requirement does not apply to a home health agency.

(8)Ensure that a patient is not denied admission to the health care facility in whole or in part because of the patient’s use of medicinal cannabis.

(b)Notwithstanding subdivision (a), a general acute care hospital specified

in subdivision (a) of Section 1250 shall not permit a patient with a chronic disease to use medicinal cannabis unless the patient meets the definition of “terminally ill” in subdivision (f) of Section 1649.1.

§ 1649.3

Amended by Stats. 2023, Ch. 484, Sec. 3. (SB 302) Effective January 1, 2024.

(a)Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patient’s primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis.

(b)Subdivision (a) does not apply to a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2.

§ 1649.4

Amended by Stats. 2022, Ch. 242, Sec. 5. (SB 988) Effective January 1, 2023.

This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patient’s discharge plan.

§ 1649.5

Amended by Stats. 2022, Ch. 242, Sec. 6. (SB 988) Effective January 1, 2023.

(a)This chapter shall be enforced by the State Department of Public Health.

(b)Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.

(c)This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act.

§ 1649.6

Amended by Stats. 2023, Ch. 484, Sec. 4. (SB 302) Effective January 1, 2024.

(a)If a federal regulatory agency, the United States Department of Justice (US DOJ), or the federal Centers for Medicare and Medicaid Services (CMS) takes one of the following actions, or makes an inquiry about the health care facility’s activities pursuant to Section 1649.2, a health care facility may suspend compliance with Section 1649.2 until the regulatory agency, the US DOJ, or CMS notifies the health care facility that it may resume permitting the use of medicinal cannabis within the facility:

(1)A federal regulatory agency or the US DOJ initiates enforcement

action, including a notice to suspend funding, against a health care facility related to the facility’s compliance with a state-regulated medical marijuana program.

(2)A federal regulatory agency, the US DOJ, or CMS issues a rule, guidance, or otherwise provides notification to the health care facility that expressly prohibits the use of medical marijuana in health care facilities or otherwise prohibits compliance with a state-regulated medical marijuana program.

(b)This section does not permit a health care facility to prohibit patient use of medicinal cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal

Uniform Controlled Substances Act, or other federal constraints on the use of medicinal cannabis that were in existence prior to the enactment of this chapter.