SB 7

SENATE BILL 26-007
BY SENATOR(S) Mullica, Cutter, Hinrichsen, Marchman, Coleman;
also REPRESENTATIVE(S) Lieder and Feret, Bacon, Boesenecker, Carter,
Duran, Froelich, Gonzalez R., Hamrick, Lindsay, Nguyen, Phillips, Rutinel.
CONCERNING THE USE OF MEDICAL MARIJUANA BY TERMINALLY ILL
         PATIENTS IN HEALTH FACILITIES.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, add 25-1.5-106.1 as
follows:
         25-1.5-106.1. Medical marijuana use in health facilities - short
title - definitions.
         ( 1) Short title. THE SHORT TITLE OF THIS SECTION IS "RYAN'S LA w".
         (2) Definitions.
      (a) IN ADDITION TO THE DEFINITIONS SET FORTH IN SECTION 14 (l)OF
ARTICLE XVIII OF THE STATE CONSTITUTION AND IN SECTION 25-1.5-106 (2),
AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
      (I) "HEALTH FACILITY" MEANS A FACILITY LICENSED OR CERTIFIED
PURSUANT TO SECTION 25-1.5-103 (1) OR ARTICLE 3 OF THIS TITLE 25.
      (II) "TERMINALLY ILL" OR "TERMINAL ILLNESS" HAS THE MEANING
SET FORTH IN SECTION 25-45-103 (3).
      (b) DEFINITIONS IN SECTION 25-1.5-106 (2) APPLY TO TERMS AS THEY
ARE USED IN THIS SECTION.
      (3)   WHEN A PATIENT WHO IS REGISTERED WITH THE MEDICAL
MARIJUANA PROGRAM, PURSUANT TO SECTION 14 OF ARTICLE XVIII OF THE
STATE CONSTITUTION, HAS A TERMINAL ILLNESS AND IS CHECKED IN TO OR
RESIDING AT A HEALTH FACILITY, THE HEALTH FACILITY MAY ALLOW THE
PATIENT TO USE MEDICAL MARIJUANA IN A MANNER THAT:
      (a) DOES NOT INVOLVE SMOKING OR VAPING;
      (b)   Is IN ACCORDANCE WITH THE PATIENT'S PRESCRIPTION OR
PHYSICIANRECOMMENDATIONMADEPURSUANTTOSECTION25-l.5-106(5);
AND
      (c) Is IN ACCORDANCE WITH SECTION 14 OF ARTICLE XVIII OF THE
STATE CONSTITUTION.
      (4) A HEALTH FACILITY THAT ALLOWS A PATIENT TO USE MEDICAL
MARIJUANA PURSUANT TO SUBSECTION (3) OF THIS SECTION SHALL:
      (a) REQUIRE THE PATIENT OR THE PATIENT'S CAREGIVER TO PROVIDE
A COPY OF THE PATIENT'S VALID REGISTRY IDENTIFICATION CARD;
      (b)  DOCUMENT THE PATIENT'S MEDICAL MARIJUANA PROGRAM
REGISTRATION AND MEDICAL MARIJUANA USAGE IN THE PATIENT'S MEDICAL
RECORDS;
      (c)   DEVELOP AND DISSEMINATE WRITTEN GUIDELINES FOR THE
POSSESSION, USE, ADMINISTRATION, AND STORAGE OF MEDICAL MARIJUANA
WITHIN THE HEALTH FACILITY; AND
      (d) REASONABLY RESTRICT THE MANNER IN WHICH A PATIENT MAY
PAGE 2-SENATE BILL 26-007
POSSESS, USE, ADMINISTER, AND STORE MEDICAL MARIJUANA, INCLUDING
REQUIRING MEDICAL MARIJUANA TO BE STORED IN A LOCKED CONTAINER, TO
ENSURE:
      (I) THE SAFETY OF THE HEALTH FACILITY'S OTHER PATIENTS, GUESTS,
AND EMPLOYEES;
      (11) THE SAFE OPERATIONS OF THE HEALTH FACILITY; AND
      (III) COMPLIANCE WITH OTHER STATE LAWS.
      (5)   A HEALTH FACILITY IS NOT REQUIRED TO STORE, SECURE,
INVENTORY, DISPENSE, LABEL, DOCUMENT, OR OTHERWISE HANDLE MEDICAL
MARIJUANA FORA PATIENT.
      ( 6) (a) A HEALTH FACILITY AND ITS EMPLOYEES ARE NOT LIABLE FOR
CONDUCT PERFORMED IN COMPLIANCE WITH THIS SECTION, SECTION 14 OF
ARTICLE XVIII OF THE STATE CONSTITUTION, AND THE HEALTH FACILITY'S
GUIDELINES UNLESS SUCH CONDUCT IS PERFORMED NEGLIGENTLY OR
RECKLESSLY.
      (b) A HEALTH FACILITY, ITS EMPLOYEES, AND ITS AGENTS ARE NOT
SUBJECT TO CIVIL, CRIMINAL, ADMINISTRATIVE, OR EMPLOYMENT LIABILITY
FOR PROHIBITING OR RESTRICTING THE POSSESSION, USE, ADMINISTRATION,
OR STORAGE OF MEDICAL MARIJUANA IN ACCORDANCE WITH THE WRITTEN
GUIDELINES DEVELOPED BY THE HEALTH  FACILITY   PURSUANT   TO
SUBSECTION ( 4 )( C) OF THIS SECTION.
      (7) THE DEPARTMENT SHALL NOT REQUIRE COMPLIANCE WITH THIS
SECTION AS A CONDITION TO OBTAIN, RETAIN, OR RENEW A LICENSE OR
CERTIFICATION THAT IS REQUIRED FOR A HEALTH FACILITY TO OPERATE
PURSUANT TO SECTION 25-1.5-103.
      (8) (a) A HEALTH FACILITY MAY SUSPEND COMPLIANCE WITH THIS
SECTION IF A FEDERAL REGULATORY AGENCY, THE FEDERAL CENTERS FOR
MEDICARE AND MEDICAID SERVICES, OR THE UNITED STATES DEPARTMENT
OF JUSTICE:
      (I)   INITIATES AN ENFORCEMENT ACTION AGAINST THE HEALTH
FACILITY RELATED TO THE HEALTH FACILITY'S COMPLIANCE WITH THE
PAGE 3-SENATE BILL 26-007
MEDICAL MARIJUANA PROGRAM;
      (II) ISSUES A REGULATION OR OTHER WISE PROVIDES NOTIFICATION
TO THE HEALTH FACILITY THAT EXPRESSLY PROHIBITS THE USE OF MEDICAL
MARIJUANA IN HEALTH FACILITIES; OR
      (III) AFFIRMATIVELY PROHIBITS COMPLIANCE WITH THE MEDICAL
MARIJUANA PROGRAM.
      (b) A HEALTH FACILITY THAT HAS SUSPENDED COMPLIANCE WITH
THIS SECTION PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION SHALL
RESUME COMPLIANCE WITH THIS SECTION UPON NOTIFICATION THAT IT MAY
DO SO FROM THE FEDERAL ENTITY THAT CAUSED THE SUSPENSION.
      (9) THE DEPARTMENT SHALL NOT REQUIRE A HEALTH FACILITY TO
COMPLY WITH THIS SECTION IF SUCH COMPLIANCE WOULD RESULT IN:
      (a) A VIOLATION OF STATE LAW;
      (b) THE LOSS OF FEDERAL FUNDING TO THE STATE OR TO THE HEALTH
FACILITY;
      ( c) NONCOMPLIANCE BY THE HEALTH FACILITY WITH CONDITIONS OF
PARTICIPATION IN THE FEDERAL MEDICARE OR MEDICAID PROGRAMS; OR
      (d)   NONCOMPLIANCE BY THE HEALTH FACILITY WITH ANY
ACCREDITATION OR LICENSING REQUIREMENTS.
      ( 10) THIS SECTION DOES NOT REQUIRE A HEALTH FACILITY TO PERMIT
THE POSSESSION, USE, ADMINISTRATION, OR STORAGE OF MEDICAL
MARIJUANA ON THE PREMISES OF THE HEALTH FACILITY.
       SECTION 2. In Colorado Revised Statutes, 25-1.5-106, amend (2)
introductory portion as follows:
       25-1.5-106. Medical marijuana program - powers and duties of
state health agency - rules - enforcement - fees - medical marijuana
program cash fund - subaccount- "Ethan's Law" - definitions - repeal.
      (2) Definitions. In addition to the definitions set forth in section 14
PAGE 4-SENATE BILL 26-007
( 1) of article XVIII of the state constitution, as used in this section AND IN
SECTION 25-1.5-106.1, unless the context otherwise requires:
       SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 5-SENATE BILL 26-007
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
James Rashad Coleman, Sr.
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
Esther van Mourik
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED O\'\ rY\ond~y V'(\(A~ ?>Ot"- 2..0U:> {}\+  I: 3()r~
                           (Date and Time)
PAGE 6-SENATE BILL 26-007