Medical cannabis patients may lose access to their medicine when entering a hospital, hospice program, nursing home, assisted living facility, rehabilitation center, or other long-term care setting. Problems may include forced discontinuation, refusal to store or document medical cannabis, denial of self-administration or caregiver administration, denial of admission, or threats of discharge.
Facilities often cite medication-administration rules, controlled-substance policies, accreditation standards, Medicare or Medicaid requirements, or federal funding. These policies may be applied without examining the patient’s individual medical needs, the form of medicine being used, the role of a registered caregiver, or whether secure storage and documentation procedures could address the facility’s concerns.
The federal law is new, and the Department of Justice and federal healthcare agencies have provided little guidance to the healthcare sector.Many facilities have not updated their policies. Patients, caregivers, and family members may need to educate administrators and care teams. The new protections do not mean that facilities must ignore medication safety, diversion risks, or clinical concerns. They do mean that facilities should consider reasonable solutions and explain the specific legal or clinical basis for refusing access. |
Patients and caregivers can use the resources on this page to communicate with a hospital, hospice program, assisted-living facility, nursing home, rehabilitation center, or long-term care provider. These include educational materials about the law and patients’ rights, as well as sample requests for access, storage, administration, caregiver assistance, or an individualized care plan. A request does not guarantee that a facility will approve the accommodation. Because these protections are new, meaningful implementation may require continued education, administrative complaints, ombudsman involvement, or litigation.
PATIENT & CAREGIVER RESOURCES:
NEED HELP DOCUMENTING OR REPORTING DISCRIMINATION? |
Losing access to medicine during admission or residential care can quickly affect a patient’s health and quality of life. Even so, documenting what happened, reporting discrimination to ASA, and educating facilities about discriminatory practices are essential to making these protections real.
1. Assert your rights and be prepared to educate the facility.
2. Request an individualized care plan or reasonable accommodation.
3. Keep and organize admission records, care plans, policies, and communications.
REPORTING DISCRIMINATION
Whenever possible, request the policy and decision in writing, document statements about federal law or federal funding, preserve notices and communications, and record every upcoming deadline.
The checklist below can help patients and caregivers document what happened, identify the facility policy or decision involved, and gather the records needed to request continued access, challenge a discharge or denial, or report discrimination.
You don't need every document on this checklist before reporting an incident. Report urgent situations promptly, continue gathering records, and keep copies of everything you submit.
Download Care Facilities Discrimination Checklist
Helpful ASA Resources
The following Americans for Safe Access resources can help patients and caregivers understand their state medical cannabis program, assert their rights, document discrimination, and seek assistance.
Know Your State’s Medical Cannabis Laws | Understand and Assert Your Rights | Tools for Asserting Your Rights | Report Medical Cannabis Discrimination | Traveling with Medical Cannabis | ASA Patient Guides | ASA Resources for Patients and Caregivers
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