HomeMy WebLinkAboutResolutions - 2023.04.20 - 38131
April 20, 2023
RESOLUTION #2023-2770 _ 23-57
Sponsored By: Charles Cavell
Board of Commissioners - Support for the Expansion of the Compassionate Access to
Medical Cannabis Act or Ryan’s Law
Chair and Members of the Board:
WHEREAS On September 28, 2021, the State of California adopted Senate Bill 311 Compassionate
Access to Medical Cannabis Act, also known as “Ryan’s Law”, requiring healthcare facilities to allow
the use of medical cannabis on their premises for terminally ill patients with a valid medical cannabis
card or/ recommendation from their physician; and
WHEREAS the law went into effect on January 1, 2022, and applies to all California health care
facilities including acute care hospitals, special hospitals, skilled nursing facilities, congregate living
health facilities, or hospice providers; and
WHEREAS under this law only terminally ill patients are defined as a patient with a medical condition
resulting in a prognosis of life of one year or less if the disease follows its natural course; and
WHEREAS physicians with terminally ill patients need only to provide a written recommendation to
their patients for the patients to utilize the rights created in the Compassionate Access to Medical
Cannabis Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
the efforts to expand the Compassionate Access to Medical Cannabis to Michigan.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to
forward copies of this adopted resolution to the Governor of the State of Michigan, the Attorney
General of Michigan, the Oakland County Legislative Representatives, and the Board of
Commissioner’s legislative lobbyist.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Charles Cavell.
Date: April 25, 2023
David Woodward, Commissioner
Date: April 25, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-03-23 Full Board - Referred to Legislative Affairs & Government Operations
2023-04-11 Legislative Affairs & Government Operations - Recommend to Board
2023-04-20 Full Board - Adopt
Motioned by Commissioner Robert Hoffman seconded by Commissioner Michael Gingell to adopt the
attached Resolution: Support for the Expansion of the Compassionate Access to Medical Cannabis
Act or Ryan’s Law.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson, William Miller
III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
ATTACHMENTS
1. California Senate Bill No. 311
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April
20, 2023, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at
Pontiac, Michigan on Thursday, April 20, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
Senate Bill No. 311
CHAPTER 384
An act to add Chapter 4.9 (commencing with Section 1649) to Division
2 of the Health and Safety Code, relating to health care facilities.
[Approved by Governor September 28, 2021. Filed with
Secretary of State September 28, 2021.]
legislative counsel’s digest
SB 311, Hueso. Compassionate Access to Medical Cannabis Act or Ryan’s
Law.
Existing law generally requires the licensure and regulation of various
health care facilities, including, among others, a hospice facility. The
Compassionate Use Act of 1996, an initiative measure enacted by the
approval of Proposition 215 at the November 5, 1996, statewide general
election, prohibits specified criminal penalties from being imposed on a
patient or a patient’s primary caregiver who possesses or cultivates cannabis
for the personal medical purposes of the patient upon the written or oral
recommendation or approval of a physician. Existing law, known as the
Medical Marijuana Program, requires counties to administer an identification
card program for qualified patients and provides immunity from arrest to
qualified patients with a valid identification card or designated primary
caregivers, within prescribed limits.
This bill, the Compassionate Access to Medical Cannabis Act or Ryan’s
Law, would require specified types of health care facilities to allow a
terminally ill patient’s use of medicinal cannabis within the health care
facility, subject to certain restrictions. The bill would require a patient to
provide the health care facility with a copy of their medical marijuana card
or written documentation that the use of medicinal cannabis is recommended
by a physician. The bill would require a health care facility to reasonably
restrict the manner in which a patient stores and uses medicinal cannabis
to ensure the safety of other patients, guests, and employees of the health
care facility, compliance with other state laws, and the safe operations of
the health care facility. The bill would provide that compliance with the bill
would not be a condition for obtaining, retaining, or renewing a license as
a health care facility. The bill would require that health care facilities
permitting patient use of medical cannabis comply with other drug and
medication requirements, as specified, and would make those facilities
subject to enforcement actions by the State Department of Public Health.
The bill would authorize a health care facility to suspend compliance with
these provisions if a regulatory agency, the United States Department of
Justice, or the federal Centers for Medicare and Medicaid Services takes
specified actions, including initiating an enforcement action against a health
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care facility related to the facility’s compliance with a state-regulated medical
marijuana program.
The people of the State of California do enact as follows:
SECTION 1. Chapter 4.9 (commencing with Section 1649) is added to
Division 2 of the Health and Safety Code, to read:
Chapter 4.9. Compassionate Access to Medical Cannabis Act or
Ryan’s Law
1649. (a) This chapter shall be known, and may be cited, as the
“Compassionate Access to Medical Cannabis Act” or “Ryan’s Law.”
(b) It is the intent of the Legislature in enacting this chapter to support
the ability of a terminally ill patient to safely use medicinal cannabis within
specified health care facilities in compliance with the Compassionate Use
Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter
6 of Division 10.
1649.1. Unless the context requires otherwise, the following definitions
shall apply to this chapter:
(a) “Compassionate Use Act of 1996” means the initiative measure
enacted by the approval of Proposition 215 at the November 5, 1996,
statewide general election and found at Section 11362.5, and any
amendments to that act.
(b) (1) Except as provided in paragraph (2), “health care facility” means
a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section
1250.
(2) The meaning of “health care facility” shall not include a chemical
dependency recovery hospital or a state hospital.
(c) “Medicinal cannabis” means cannabis or a cannabis product used in
compliance with the Compassionate Use Act of 1996 and Article 2.5
(commencing with Section 11362.7) of Chapter 6 of Division 10.
(d) “Patient” means an individual who is terminally ill.
(e) “Terminally ill” means a medical condition resulting in a prognosis
of life of one year or less, if the disease follows its natural course.
1649.2. (a) A health care facility shall permit patient use of medical
cannabis and shall do all of the following:
(1) Prohibit smoking or vaping as methods to use medicinal cannabis.
(2) Include the use of medicinal cannabis within the patient’s medical
records.
(3) Require a patient to provide a copy of the patient’s valid identification
card, as described in Section 11362.715, or a copy of that patient’s written
documentation as defined in Section 11362.7.
(4) Reasonably restrict the manner in which a patient stores and uses
medicinal cannabis, including requiring the medicinal cannabis to be stored
in a locked container, to ensure the safety of other patients, guests, and
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employees of the health care facility, compliance with other state laws, and
the safe operations of the health care facility.
(5) Develop and disseminate written guidelines for the use of medicinal
cannabis within the health care facility pursuant to this chapter.
(b) This section does not apply to a patient receiving emergency services
and care, as defined in Section 1317.1, or to the emergency department of
a health care facility, as specified in subdivision (a) of Section 1250, while
the patient is receiving emergency services and care.
1649.3. Notwithstanding the classification of medicinal cannabis as a
Schedule I drug and any other law, health facilities permitting patient use
of medicinal cannabis shall comply with drug and medication requirements
applicable to Schedule II, III, and IV drugs and shall be subject to
enforcement actions by the State Department of Public Health.
1649.4. This chapter does not require a health care facility to provide a
patient with a recommendation to use medicinal cannabis in compliance
with the Compassionate Use Act of 1996 and Article 2.5 (commencing with
Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis
in a patient’s discharge plan.
1649.5. (a) Compliance with this chapter shall not be a condition for
obtaining, retaining, or renewing a license as a health care facility.
(b) This chapter does not reduce, expand, or otherwise modify the laws
restricting the cultivation, possession, distribution, or use of cannabis that
may be otherwise applicable, including, but not limited to, the Control,
Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted
by the approval of Proposition 64 at the November 8, 2016, statewide general
election, and any amendments to that act.
1649.6. (a) If a federal regulatory agency, the United States Department
of Justice (US DOJ), or the federal Centers for Medicare and Medicaid
Services (CMS) takes one of the following actions, a health care facility
may suspend compliance with Section 1649.2 until the regulatory agency,
the US DOJ, or CMS notifies the health care facility that it may resume
permitting the use of medicinal cannabis within the facility:
(1) A federal regulatory agency or the US DOJ initiates enforcement
action against a health care facility related to the facility’s compliance with
a state-regulated medical marijuana program.
(2) A federal regulatory agency, the US DOJ, or CMS issues a rule or
otherwise provides notification to the health care facility that expressly
prohibits the use of medical marijuana in health care facilities or otherwise
prohibits compliance with a state-regulated medical marijuana program.
(b) This section does not permit a health care facility to prohibit patient
use of medicinal cannabis due solely to the fact that cannabis is a Schedule
I drug pursuant to the federal Uniform Controlled Substances Act, or other
federal constraints on the use of medicinal cannabis that were in existence
prior to the enactment of this chapter.
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