A Bill for an Act
Page 1, Line 101Concerning the use of medical marijuana by terminally ill
Page 1, Line 102patients in health facilities.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill mandates that a health facility allow patients who are terminally ill and who are registered in the state's medical marijuana program to use medical marijuana within the health facility, subject to certain parameters. The bill requires that a health facility develop guidelines for the use of medical marijuana and impose restrictions on the usage and storage of medical marijuana to ensure the safety of others, safe facility operations, and compliance with other laws.
The bill prohibits the department of public health and environment from requiring compliance with the bill as a condition for a health facility to obtain or renew a license or certification that it is required to carry to operate as a health facility. Lastly, the bill allows a health facility to suspend compliance with the bill's provisions in the event that, and only as long as, a listed federal entity takes an action that requires the health facility to suspend its compliance with the bill.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 25-1.5-106.1 as
Page 2, Line 3follows:
Page 2, Line 425-1.5-106.1. Medical marijuana use in health facilities - short
Page 2, Line 5title - definitions.
Page 2, Line 6(1) Short title.The short title of this section is "Ryan's
Page 2, Line 7Law".
Page 2, Line 8(2) Definitions.
Page 2, Line 9(a) In addition to the definitions set forth in section 14 (1)
Page 2, Line 10of article XVIII of the state constitution and in section
Page 2, Line 1125-1.5-106 (2), as used in this section, unless the context
Page 2, Line 12otherwise requires:
Page 2, Line 13(I) "Health facility" means a facility licensed or certified
Page 2, Line 14pursuant to section 25-1.5-103 (1) or article 3 of this title 25.
Page 2, Line 15(II) "Terminally ill" or "terminal illness" has the meaning
Page 2, Line 16set forth in section 25-45-103 (3).
Page 2, Line 17(b) Definitions in section 25-1.5-106 (2) apply to terms as
Page 2, Line 18they are used in this section.
Page 2, Line 19(3) When a patient who is registered with the medical
Page 2, Line 20marijuana program, pursuant to section 14 of article XVIII of
Page 2, Line 21the state constitution, has a terminal illness and is checked in
Page 3, Line 1to or residing at a health facility, the health facility shall
Page 3, Line 2allow the patient to use medical marijuana in a manner that:
Page 3, Line 3(a) Does not involve smoking or vaping;
Page 3, Line 4(b) Is in accordance with the patient's prescription or
Page 3, Line 5physician recommendation made pursuant to section 25-1.5-106
Page 3, Line 6(5); and
Page 3, Line 7(c) Is in accordance with section 14 of article XVIII of the
Page 3, Line 8state constitution.
Page 3, Line 9(4) A health facility that allows a patient to use medical
Page 3, Line 10marijuana pursuant to subsection (3) of this section shall:
Page 3, Line 11(a) Require the patient or the patient's caregiver to
Page 3, Line 12provide a copy of the patient's valid registry identification card;
Page 3, Line 13(b) Document the patient's medical marijuana program
Page 3, Line 14registration and medical marijuana usage in the patient's
Page 3, Line 15medical records;
Page 3, Line 16(c) Develop and disseminate written guidelines for the use
Page 3, Line 17of medical marijuana within the health facility; and
Page 3, Line 18(d) Reasonably restrict the manner in which a patient may
Page 3, Line 19store and use medical marijuana, including requiring medical
Page 3, Line 20marijuana to be stored in a locked container, to ensure:
Page 3, Line 21(I) The safety of the health facility's other patients,
Page 3, Line 22guests, and employees;
Page 3, Line 23(II) The safe operations of the health facility; and
Page 3, Line 24(III) Compliance with other state laws.
Page 3, Line 25(5) A health facility and its employees are not liable for
Page 3, Line 26conduct performed in compliance with this section, section 14 of
Page 3, Line 27article XVIII of the state constitution, and the health facility's
Page 4, Line 1guidelines unless such conduct is performed negligently or
Page 4, Line 2recklessly.
Page 4, Line 3(6) The department shall not require compliance with this
Page 4, Line 4section as a condition to obtain, retain, or renew a license or
Page 4, Line 5certification that is required for a health facility to operate
Page 4, Line 6pursuant to section 25-1.5-103.
Page 4, Line 7(7) (a) A health facility may suspend compliance with this
Page 4, Line 8section if a federal regulatory agency, the federal centers for
Page 4, Line 9medicare and medicaid services, or the United States department
Page 4, Line 10of justice:
Page 4, Line 11(I) Initiates an enforcement action against the health
Page 4, Line 12facility related to the health facility's compliance with the
Page 4, Line 13medical marijuana program;
Page 4, Line 14(II) Issues a regulation or otherwise provides notification
Page 4, Line 15to the health facility that expressly prohibits the use of
Page 4, Line 16medical marijuana in health facilities; or
Page 4, Line 17(III) Affirmatively prohibits compliance with the medical
Page 4, Line 18marijuana program.
Page 4, Line 19(b) A health facility that has suspended compliance with
Page 4, Line 20this section pursuant to subsection (7)(a) of this section shall
Page 4, Line 21resume compliance with this section upon notification that it
Page 4, Line 22may do so from the federal entity that caused the suspension.
Page 4, Line 23SECTION 2. In Colorado Revised Statutes, 25-1.5-106, amend
Page 4, Line 24(2) introductory portion as follows:
Page 4, Line 2525-1.5-106. Medical marijuana program - powers and duties
Page 4, Line 26of state health agency - rules - enforcement - fees - medical marijuana
Page 4, Line 27program cash fund - subaccount - "Ethan's Law" - definitions -
Page 5, Line 1repeal.
Page 5, Line 2(2) Definitions. In addition to the definitions set forth in section
Page 5, Line 314 (1) of article XVIII of the state constitution, as used in this section
Page 5, Line 4and in section 25-1.5-106.1, unless the context otherwise requires:
Page 5, Line 5SECTION 3. Act subject to petition - effective date. This act
Page 5, Line 6takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 7ninety-day period after final adjournment of the general assembly (August
Page 5, Line 812, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 5, Line 9referendum petition is filed pursuant to section 1 (3) of article V of the
Page 5, Line 10state constitution against this act or an item, section, or part of this act
Page 5, Line 11within such period, then the act, item, section, or part will not take effect
Page 5, Line 12unless approved by the people at the general election to be held in
Page 5, Line 13November 2026 and, in such case, will take effect on the date of the
Page 5, Line 14official declaration of the vote thereon by the governor.