Lawmakers in multiple states are advancing bills meant to provide patients with access to medical marijuana in health care facilities, with lawmakers from Virginia to Hawaii making the case this week for a policy change they say is necessary to ensure patients have a full range of treatment options at their disposal.
While the specific provisions of the legislation that’s actively under consideration may differ from state to state, the main thrust of the proposals are the same: Legislators are hoping to adopt versions of what’s known as “Ryan’s law,” named after a young medical cannabis patient in California who passed.
The 2026 session has seen iterations of the reform move in a wide variety of state legislatures so far. And this week, Ryan’s law bills have seen action in at least four states: Colorado, Hawaii, Virginia and Washington State.
Here’s a rundown of the latest developments with those medical marijuana bills:
Colorado
The Colorado Senate on Thursday approved a bill to allow terminally ill patients to use medical marijuana in healthcare facilities such as hospitals, passing it in a 25-5 vote. The legislation, sponsored by Sen. Kyle Mullica (D), moved through the Health & Human Services Committee in a unanimous vote last week.
Under SB 26-007, health facilities would be permitted to develop guidelines for the use, storage and administration of medical marijuana. While the measure initially would have mandated that such facilities allow cannabis use, it was revised to simply allow them to set such guidelines.
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.
Other amendments adopted in committee would 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.
Hawaii
In Hawaii, the Senate Health and Human Services Committee passed a bill from Joy San Buenaventura (D), with amendments, to give seriously ill patients the option to use medical cannabis in hospitals.
Members of the panel advanced the measure, SB 2408, in a voice vote on Wednesday after adopting revisions recommended by the state attorney general’s office, Hawaii Substance Abuse Coalition (HSAC) and Hawai’i Alliance for Cannabis Reform (HACR).
The legislation as introduced states that it’s the “intent of the legislature in enacting this chapter to support the ability of terminally ill patients and qualifying patients over sixty-five years of age with chronic diseases to safely use medical cannabis within specified health care facilities.”
There are certain exceptions detailed in the bill. For example, medical marijuana couldn’t be used in substance misuse recovery hospitals, state hospitals or emergency departments of general acute hospitals “while the patient is receiving emergency services and care.”
Smoking and vaping cannabis would remain prohibited in health facilities under the proposal, “provided that a home health agency shall only prohibit smoking or vaping immediately before or while home health agency staff are present in the residence.”
In the event that a federal regulatory agency, Justice Department or Centers for Medicare and Medicaid Services (CMS) takes enforcement action against a health facility related to the medical cannabis policy, or if they explicitly notify the facility that they’re violating federal law, the health care institution could suspend the policy.
Per a recommendation by the attorney general’s office, the legislation was revised to make it so hospitals wouldn’t be mandated to accommodate medical cannabis use in their facilities due to “legal uncertainties” the office identified, including “the potential risk to federal funding or other federal enforcement consequences.”
Further, the bill was changed to remove language that the office said creates ambiguities around the potential scope of a pending federal marijuana rescheduling action. While such a change “may present reduced legal risk,” the attorney general said in written testimony, “it is not possible to ascertain this with certainty in the abstract.”
Members of the committee additionally amended the measure to create a definition of what constitutes a health care facility covered by the bill and qualifying patient, based on recommendations from HSAC and HACR, respectively.
This comes weeks after the House Health Committee and Human Services & Homelessness Committee jointly approved a House companion version of the reform, sponsored by Rep. Gregg Takayama (D).
Virginia
On Thursday, the Virginia lawmakers approved a Senate-passed bill, with amendments, to allow medical cannabis access in hospitals for seriously ill patients.
Just days after the full House advanced HB 75 from Del. Karen Keys-Gamarra (D) in a nearly unanimous vote, the House Health and Human Services Committee voted 20-1 to advance the related Senate-passed legislation from Sen. Barbara Favola (D).
Members also adopted an amendment stipulating that hospitals can permit patients to access cannabis oil in their facilities and creating a working group “to evaluate the possibility of other use of other types of marijuana products,” according to the sponsor.
Overall, SB 332 would build upon existing state law protecting health professionals at hospices and nursing facilities that assist terminally ill patients in utilizing medical cannabis treatment.
As originally introduced, the measure would have simply directed the state the Department of Health to form a working group to explore the reform, but its scope was expanded in an earlier subcommittee hearing.
The sponsor advised the committee on Thursday that she and the sponsor of the related House bill have agreed on the substitute language to avoid having to convene a bicameral conference committee.
Washington State
The Washington State Senate Health & Long-Term Care Committee on Friday approved a House-passed “Ryan’s law” bill from Rep. Shelley Kloba (D).
If enacted into law, HB 2152 would allow terminally ill patients in the state to use medical cannabis in healthcare facilities such as hospitals, nursing homes and hospices. It cleared the full House last week in a 89-6 vote.
Patients and their caregivers would be responsible for acquiring and administering medical marijuana, and it would need to be stored securely at all times in a locked container.
Smoking or vaping of cannabis would be prohibited, so patients would need to consume it via other methods.
Marijuana could not be shared between patients and visitors, and the right to use medical cannabis under the bill would not apply to patients who are in the emergency department.
Healthcare facility officials would need to see a copy of patients’ authorization to use medical cannabis, and they would be required to note their use of the drug in medical records. They would also need to establish a formal policy “allowing for the medical use of cannabis” on the premises.
Facilities would also be able to suspend permission to use cannabis under the bill if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule or other notification that expressly prohibits the medical use of cannabis in health care facilities.”
—
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, earlier this month the Mississippi House of Representatives advanced legislation to allow terminally ill patients to access medical marijuana in health facilities
California and a handful of other states already have laws allowing terminally ill patients to use medical cannabis in healthcare facilities.
Photo courtesy of Max Pixel.
