Federal Rights: Ending Patient Discrimination

New Federal Cannabis Laws Mean Patients Have Rights! 

On April 28, 2026, federal cannabis policy changed when the Department of Justice issued AG Order No. 6754-2026, placing FDA-approved cannabis products and cannabis products regulated by qualifying state medical cannabis licenses into Schedule III of the Controlled Substances Act.

Federal cannabis laws affect far more than whether patients can access cannabis. For decades, medical cannabis patients were excluded from protections that other people with serious health conditions expect, including protections related to employment, housing, healthcare, and federal services. 

Federal recognition means a patient’s participation in a state-authorized medical cannabis program can no longer be treated as criminal conduct, substance misuse, or an automatic reason to deny essential services. In fact, medical cannabis patients can now demand their rights and protections under the Americans with Disabilities Act, the Fair Housing Act, Section 504 of the Rehabilitation Act, and other laws and programs that affect housing, healthcare, employment, veterans’ services, public benefits, and federal systems.

But history shows that changes in laws do not automatically mean policies change.

ASA is working to make sure medical cannabis patients are protected in housing, healthcare, employment, veterans’ services, disability rights, public benefits, family settings, education, federal systems, and private services. No patient should be punished for using cannabis as medicine.

ASA needs to hear from patients, caregivers, veterans, workers, tenants, parents, service members, and others who have experienced discrimination because of medical cannabis. Your report can help ASA identify patterns, educate policymakers, support legal and administrative advocacy, and push agencies, institutions, and private actors to update harmful policies. 

What Types of Discrimination Should Be Reported?

HOUSING

Report if you were denied housing, threatened with eviction, evicted, denied a reasonable accommodation, denied federally assisted housing, denied a lease renewal, or penalized by a landlord or housing provider because of medical cannabis.

Download ASA's Documenting Housing Discrimination Checklist:  www.SafeAccessNow.org/Discrimination_Housing

HEALTHCARE

Report if you were denied medical care, denied pain management, dismissed from a pain clinic, required to stop medical cannabis to receive care, denied surgery, denied transplant evaluation, denied specialist care, or had cannabis treated as substance misuse instead of medicine.

Download ASA's Documenting Healthcare Discrimination Checklist: www.SafeAccessNow.org/Discrimination_Healthcare

HOSPITALS, HOSPICE, NURSING HOMES, ASSISTED LIVING, OR LONG-TERM CARE

Report if you were forced to stop medical cannabis, denied access to medical cannabis, denied caregiver administration, told a facility would not document cannabis as medicine, or told that federal funding rules prohibit medical cannabis.

Download ASA's Documenting Care Facility Discrimination Checklist: www.SafeAccessNow.org/Discrimination_Care_Facilities

FAMILY OR CHILD WELFARE

Report if medical cannabis affected a custody case, visitation dispute, adoption or foster care matter, or child welfare investigation.

Download ASA's  Documenting Family and Child Welfare Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Family_Welfare

EDUCATION

Report if a school, college, university, training program, testing organization, or campus housing provider denied you enrollment, participation, medication access, housing, or a reasonable accommodation because of medical cannabis.

Download ASA's  Documenting Education Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Education

GOVERNMENT BENEFITS OR PUBLIC SERVICES

Report if medical cannabis affected child custody, triggered a child welfare investigation, resulted in denial of a school accommodation, or caused denial of disability benefits, public benefits, transportation, or public services. Download ASA's  Documenting Government Benefits & Services Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Government_Benefits

EMPLOYMENT

Report if you were denied a job, fired, suspended, disciplined, denied a promotion, denied return to work, failed a drug test despite medical cannabis patient status, or denied workplace accommodation. Download ASA's Documenting Employment Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Employment

FEDERAL EMPLOYMENT/CONTRACTOR ISSUES

Report if you were denied federal employment, denied a federal contractor position, disciplined under federal drug-free workplace rules, denied a clearance, denied a credential, or denied a federal workplace accommodation because of medical cannabis. Download ASA's  Documenting Federal Employment/Contractor Discrimination Checklists: www.SafeAccessnow.org/Discrimination_Federal_Employment

VETERANS’ SERVICES

Report if a VA clinician refused to provide a recommendation, forms, referral, or registration help; if medical cannabis affected your VA care; or if you were denied pain care, mental health care, housing, benefits, or services. Download ASA Documenting Veteran Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Veterans_Services.

MILITARY OR SERVICE MEMBER ISSUES

Report if you were disciplined or threatened with discipline, ordered to stop medical cannabis or cannabinoid use, penalized for CBD or hemp-derived cannabinoid use, or if medical cannabis affected duty status, promotion, separation, transition planning, disability evaluation, or benefits. Download ASA Documenting Military Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Military

PRIVATE BUSINESSES, PUBLIC ACCOMMODATIONS, OR SERVICES

Report if you were denied service, denied entry, denied participation, denied reasonable accommodation, or penalized by a private business, event, program, facility, or service because of medical cannabis patient status. Download ASA Documenting Private-Public Services Discrimination Checklists: www.SafeAccessNow.org/Discrimination_Private-Public_Services

MISCELLANEOUS

Report any discrimination because of medical cannabis that does not fit clearly into one of these categories. Download ASA's Documenting Miscellaneous Discrimination Checklist: www.SafeAccessNow.org/Discrimination_Miscellaneous

 Reporting Matters

Discrimination often seems like an isolated problem when patients face it alone. But when patients report what happened, ASA can identify patterns and push for broader change.

Patient reports contribute to ASA's campaign to end discrimination by helping: 

• Document the real-world impact of outdated policies;
• Identify agencies, institutions, and sectors where discrimination is continuing;
• Educate policymakers and regulators;
• Support legal, administrative, and legislative advocacy;
• Push federal and state agencies to issue updated guidance; and
• Build public understanding that medical cannabis patients deserve fair treatment.

Your experiences can help protect other patients!

Use ASA resources to assert your rights!

The Law Has Changed. Now, Enforcement Must Change Too.

No patient should be punished for using cannabis as medicine. Join ASA in taking action to make sure that happens!   

Report discrimination here.

Changes in cannabis laws at the state and federal levels require vigilance from advocates to ensure implementation in the public and private sectors respects patients' rights and accommodates them accordingly. It is important to stay active, engaged, and informed. Sign up to get ASA updates!