Q: Medical marijuana is legal in our state, and a new resident has a physician’s certification for its use. Are we required to allow the resident to use medical marijuana in our facility?
A: This is a common question long-term care providers face as more states legalize medical marijuana. The answer is not necessarily. While state law may permit medical marijuana use, nursing homes that participate in Medicare or Medicaid must also comply with federal law, where marijuana remains a Schedule I controlled substance under the Controlled Substances Act. Facilities should review applicable state laws, consult legal counsel, and develop a clear policy that addresses how requests for medical marijuana will be evaluated and managed. If a facility permits its use under state law, policies should address resident assessment, care planning, storage, administration responsibilities, documentation, safety monitoring, and diversion prevention. Regardless of a facility’s decision, having a consistent, well-defined policy helps balance resident rights, clinical safety, and regulatory compliance while reducing survey and liability risks.
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Written By:
Shelly Maffia, MSN, MBA, RN, LNHA, QCP, CHC, CPC, CLNC
VP of Quality & Compliance
Proactive LTC Consulting
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