Bill > HB486

This bill requires medical care facilities in Virginia to establish policies allowing terminally ill patients, defined as individuals 18 or older, residents of Virginia, diagnosed with a terminal disease confirmed by a consulting healthcare provider after an in-person examination and medical record review, to use medical cannabis during an inpatient stay, provided it's not smoked or vaped, is documented in their medical records, and they provide a written certification for its use. The bill also mandates reasonable restrictions on how patients store and use their medical cannabis, such as requiring it to be kept in a locked container, to ensure safety and compliance with other laws, and requires facilities to develop and share guidelines for its use. Importantly, these provisions do not apply to emergency medical services or hospital emergency departments, and compliance with this bill will not affect a facility's license. The bill also outlines a protocol for facilities to suspend compliance if federal agencies like the U.S. Department of Justice (DOJ) or the Centers for Medicare and Medicaid Services (CMS) take enforcement actions or issue rules prohibiting medical cannabis use in such facilities, but it clarifies that facilities cannot prohibit use solely because cannabis is a Schedule I drug under federal law or due to other pre-existing federal constraints. The entire act will only take effect once marijuana is federally rescheduled from a Schedule I to a Schedule III drug under the Controlled Substances Act.

Health and Social Services

https://lis.virginia.gov/bill-details/20261/HB486