CDPH has chaptered SB 988, effective 1/1/23, clarifying the role and requirements of GACHs, SHs , SNFs, CLHFs, and HOFAs and staff when terminally ill patients access medicinal cannabis. SB 311 (2021) established the Compassionate Access to Medical Cannabis Act requiring health care facilities to allow terminally ill patients to access medicinal cannabis under specified conditions.
SB 988 makes explicit that the patient or primary caregiver is responsible for acquiring, retrieving, administering, and removing the medicinal cannabis and that health care professionals and facility staff are prohibited from administering medicinal cannabis or retrieving it from storage. It removes a requirement for health care facilities permitting use of medicinal cannabis to comply with drug and medication requirements applicable to Schedule II, III, and IV drugs and instead updates the requirements for storage to specify that it must be stored securely at all times, in a locked container in the patient's room, other designated area or with the patient's primary caregiver.
It also requires health care facilities to adopt guidelines for disposal of medicinal cannabis. Upon discharge, patients or primary caregivers will be responsible for the removal of the medicinal cannabis. However, if they are unable to remove the medicinal cannabis, the product must be disposed of according to the health care facility's policies and procedures.
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