Wednesday

2:00 pm - 3:00 pm

W28:

Is Long Term Care Going to Pot?: Navigating Ohio’s New Medical Marijuana Legalization

Level: Intermediate

Ohio is one of 29 states that has legalized medical marijuana. However, marijuana remains illegal under the Federal Controlled Substances Act (CSA) placing all nursing facilities, home health agencies and hospices ( as well as ALFs) in a dilemma. This course will explore and explain the conflict between the Ohio (and other State) law and the Federal laws regarding medical marijuana. Of interest, if SNFs/HHA/hospices allow medical marijuana to be dispensed/administered/stored, even if in complete accord with Ohio State law, they violate the CMS Requirements of Participation for SNFs (e.g., the federal regulation to “follow all laws” since it is illegal at the federal level). On the other hand, if a facility refuses to allow a resident to have a prescription for medical marijuana, it violates the Requirements of Participation (e.g., accommodating resident needs, dignity, self-determination and other resident rights.) So, facilities are faced with a challenging legal dilemma that will only increase as more physicians seek to recommend or prescribe medical marijuana and more residents, including those on hospice seek to obtain it.

Alan Horowitz, Partner
Arnall Golden Gregory LLP