Compassionate Access to Medical Cannabis Act; create to allow terminally ill to use in hospitals.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Felsher

HOUSE BILL NO. 1034

AN ACT TO CREATE NEW SECTION 41-137-22, MISSISSIPPI CODE OF 1
1972, TO BE KNOWN AS THE "COMPASSIONATE ACCESS TO MEDICAL CANNABIS 2
ACT" OR "RYAN'S LAW," TO SUPPORT THE ABILITY OF TERMINALLY ILL 3
QUALIFYING PATIENTS TO SAFELY USE MEDICAL CANNABIS WITHIN 4
SPECIFIED HEALTH CARE FACILITIES; TO REQUIRE HOSPITALS, SKILLED 5
NURSING FACILITIES AND HOSPICE FACILITIES TO ALLOW TERMINALLY ILL 6
QUALIFYING PATIENTS IN THE FACILITY TO USE MEDICAL CANNABIS; TO 7
REQUIRE THOSE HEALTH CARE FACILITIES TO PROHIBIT SMOKING OR VAPING 8
AS METHODS TO USE MEDICAL CANNABIS, REQUIRE A PATIENT OR THE 9
PATIENT'S DESIGNATED CAREGIVER TO BE RESPONSIBLE FOR ACQUIRING, 10
RETRIEVING, ADMINISTERING AND REMOVING MEDICAL CANNABIS, REQUIRE 11
MEDICAL CANNABIS TO BE STORED SECURELY AT ALL TIMES IN A LOCKED 12
CONTAINER IN THE PATIENT'S ROOM OR OTHER DESIGNATED AREA, AND 13
PROHIBIT HEALTH CARE PROFESSIONALS AND FACILITY STAFF FROM 14
ADMINISTERING MEDICAL CANNABIS OR RETRIEVING MEDICAL CANNABIS FROM 15
STORAGE; TO PROVIDE THAT UPON DISCHARGE OF THE PATIENT FROM THE 16
HEALTH CARE FACILITY, ALL REMAINING MEDICAL CANNABIS MUST BE 17
REMOVED BY THE PATIENT OR PATIENT'S DESIGNATED CAREGIVER; TO AMEND 18
SECTION 41-137-21, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 19
PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. The following shall be codified as Section 22
41-137-22, Mississippi Code of 1972: 23
41-137-22. (1) (a) This section shall be known and may be 24
cited as the "Compassionate Access to Medical Cannabis Act" or 25
"Ryan's Law." 26
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(b) It is the intent of the Legislature in enacting 27
this section to support the ability of terminally ill qualifying 28
patients to safely use medical cannabis within specified health 29
care facilities in compliance with this chapter. 30
(2) Unless the context requires otherwise, the following 31
terms shall be defined as provided in this subsection: 32
(a) "Health care facility" means a hospital, skilled 33
nursing facility or hospice facility. However, the term "health 34
care facility" does not include the following: 35
(i) A chemical dependency recovery hospital; or 36
(ii) An emergency department of a health care 37
facility while the patient is receiving emergency services and 38
care. 39
(b) "Patient" means a registered qualifying patient who 40
is terminally ill and who is receiving health care services from a 41
health care facility. The term "patient" does not include an 42
individual receiving emergency services and care. 43
(c) "Terminally ill" means a medical condition 44
resulting in a prognosis of life of one (1) year or less, if the 45
disease follows its natural course, as determined by a physician. 46
(3) A health care facility shall allow patients in the 47
facility to use medical cannabis and shall do all of the 48
following: 49
(a) Prohibit smoking or vaping as methods to use 50
medical cannabis. 51
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(b) Include the use of medical cannabis within the 52
patient's medical records. 53
(c) Require a patient to provide a copy of the 54
patient's valid registry identification card. 55
(d) Require a patient or the patient's designated 56
caregiver to be responsible for acquiring, retrieving, 57
administering and removing medical cannabis. 58
(e) Require medical cannabis to be stored securely at 59
all times in a locked container in the patient's room, other 60
designated area, or with the patient's designated caregiver. 61
(f) Prohibit health care professionals and facility 62
staff, including, but not limited to, physicians, nurses and 63
pharmacists, from administering medical cannabis or retrieving 64
medical cannabis from storage. 65
(g) Develop, disseminate and train health care facility 66
staff on the written guidelines developed by the facility for the 67
use of medical cannabis within the health care facility in 68
compliance with this chapter. 69
(h) Ensure that a patient is not denied admission to 70
the health care facility, in whole or in part, because of the 71
patient's use of medical cannabis. 72
(4) Upon discharge of the patient from the health care 73
facility, all remaining medical cannabis shall be removed by the 74
patient or patient's designated caregiver. If a patient cannot 75
remove the medical cannabis and does not have a designated 76
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caregiver that is available to remove the medical cannabis, the 77
product shall be stored in a locked container until it is disposed 78
of in accordance with the health care facility's policy and 79
procedure governing medical cannabis. 80
(5) (a) This section shall be enforced by the MDOH. 81
(b) Compliance with this section shall not be a 82
condition for obtaining, retaining, or renewing a license as a 83
health care facility. 84
(6) (a) If a federal regulatory agency, the United States 85
Department of Justice (US DOJ), or the federal Centers for 86
Medicare and Medicaid Services (CMS) takes one (1) of the 87
following actions, a health care facility may suspend compliance 88
with subsection (3) of this section until the regulatory agency, 89
the US DOJ, or CMS notifies the health care facility that it may 90
resume allowing the use of medical cannabis within the facility: 91
(i) A federal regulatory agency or the US DOJ 92
initiates enforcement action, including a notice to suspend 93
funding, against a health care facility related to the facility's 94
compliance with a state-regulated medical marijuana program. 95
(ii) A federal regulatory agency, the US DOJ, or 96
CMS issues a rule, guidance or otherwise provides notification to 97
the health care facility that expressly prohibits the use of 98
medical marijuana in health care facilities or otherwise prohibits 99
compliance with a state-regulated medical marijuana program. 100
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(b) This subsection does not permit a health care 101
facility to prohibit patient use of medical cannabis due solely to 102
the fact that cannabis is a Schedule I drug under the federal 103
Uniform Controlled Substances Act, or other federal constraints on 104
the use of medical cannabis that were in existence before July 1, 105
2026. 106
SECTION 2. Section 41-137-21, Mississippi Code of 1972, is 107
amended as follows: 108
41-137-21. (1) Any * * * assisted living facility, personal 109
care home, adult day care facility, or adult foster care facility 110
may adopt reasonable restrictions on the use of medical cannabis 111
by registered qualifying patients who are receiving * * * personal 112
care services, residential care services * * * or day care 113
services from the facility, including: 114
(a) That the facility will not store or maintain the 115
patient's supply of medical cannabis; 116
(b) That the facility * * * or caregivers * * * of the 117
facility are not responsible for providing the medical cannabis 118
for registered qualifying patients; and 119
(c) That medical cannabis be consumed only in a place 120
specified by the facility. 121
(2) Nothing in this section requires a facility listed in 122
subsection (1) of this section to adopt restrictions on the 123
medical use of medical cannabis. 124
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ST: Compassionate Access to Medical Cannabis
Act; create to allow terminally ill to use in
hospitals.
(3) A facility listed in subsection (1) of this section may 125
not unreasonably limit a registered qualifying patient's access to 126
or medical use of medical cannabis authorized under this chapter, 127
unless failing to do so would cause the facility to lose a 128
monetary or licensing-related benefit under federal law or 129
regulations. 130
SECTION 3. This act shall take effect and be in force from 131
and after July 1, 2026. 132