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A Pennsylvania lawmaker has introduced legislation that would allow terminally ill patients to use medical cannabis. Democratic state Sen. John Kane introduced the bill, known as Ryan’s Law – The Compassionate Access to Medical Cannabis Act (Senate Bill 1035), on October 3.
A bipartisan group of 22 Pennsylvania senators has joined Kane as co-sponsors of the legislation. If the measure is signed into law, hospitals would be required to allow patients with terminal conditions such as severe cancer to use regulated medical cannabis products.
“Hospitals are incredible places where patients receive top notch care,” Kane wrote in an August cosponsorship memo, according to a report from Marijuana Moment. “They need guidance and legal protections to provide terminally ill patients with options to manage pain, while providing settings that support family and friends who are saying goodbye to a loved one.”
The legislation is named after Ryan Bartell, a cancer patient whose experiences inspired the creation of the bill.
“During his treatments in California the hospital provided him with opioid medications that caused him to be sedated and unable to interact with family and friends,” Kane wrote. “Ryan and his family wanted to ensure that his remaining days could be filled with visits from his loved ones. So, Ryan moved to a hospital in the State of Washington where he used medical marijuana to manage his pain effectively and allow him to stay awake and alert to spend time with family and friends during hospital visits.”
Senate Bill 1035 would amend Pennsylvania’s existing medical cannabis law to allow terminally ill patients to use non-smokable cannabis products while receiving care in hospitals. The measure also mandates storage standards for medical cannabis and requires hospitals to develop policies to allow qualifying patients to use regulated medical cannabis.
“Ryan’s law would allow terminally ill patients to use non-smoking forms of medical marijuana in Pennsylvania hospitals,” Kane wrote in his cosponsorship memo. “Right now, the use of medical marijuana in hospitals is a gray area due to marijuana being a Scheduled I Narcotic, while also being legal for medicinal purposes in Pennsylvania.”
Bill Includes Protections for Hospitals
Ryan’s Law also contains provisions to protect hospitals and healthcare workers. The bill states that a “health care facility is not required to provide a patient with a recommendation to use medical marijuana in compliance with this act or include medical marijuana in a patient’s discharge plan.”
The legislation also permits hospitals to suspend the policy allowing terminally ill patients to use medical cannabis if the federal government brings enforcement action against the facility. Similarly, a hospital could suspend the policy if the federal government issues rules that specifically prohibit the use of medical cannabis in healthcare settings.
California, where Bartell was initially treated for cancer, has since adopted Ryan’s Law. Maryland has also enacted the legislation, while another 36 states are considering similar measures.
“The University of California, Los Angeles conducted a clinical study on Ryan’s Law and published the study in the Clinical Journal of Oncology Nursing,” Kane wrote. “The study found that Ryan’s Law was a success for patients, hospitals, and nurses. Terminally ill patients received the pain management they needed, hospitals established good rules for medical cannabis use, and nurses felt comfortable implementing patient self-administration of medical cannabis.”
“Please join me in cosponsoring this important bill that gives terminally ill patients a better way to receive compassionate care and to support the patient, their families and friends during extremely difficult times,” Kane wrote to conclude his memo seeking cosponsors for the bill.
Ryan’s Law has been referred to the Pennsylvania Senate’s Law and Justice Committee for consideration.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
