MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Felsher
AN ACT TO CREATE NEW SECTION 41-137-22, MISSISSIPPI CODE OF 1972, TO BE KNOWN AS THE "COMPASSIONATE ACCESS TO MEDICAL CANNABIS ACT" OR "RYAN'S LAW," TO SUPPORT THE ABILITY OF TERMINALLY ILL QUALIFYING PATIENTS TO SAFELY USE MEDICAL CANNABIS WITHIN SPECIFIED HEALTH CARE FACILITIES; TO REQUIRE HOSPITALS, SKILLED NURSING FACILITIES AND HOSPICE FACILITIES TO ALLOW TERMINALLY ILL QUALIFYING PATIENTS IN THE FACILITY TO USE MEDICAL CANNABIS; TO REQUIRE THOSE HEALTH CARE FACILITIES TO PROHIBIT SMOKING OR VAPING AS METHODS TO USE MEDICAL CANNABIS, REQUIRE A PATIENT OR THE PATIENT'S DESIGNATED CAREGIVER TO BE RESPONSIBLE FOR ACQUIRING, RETRIEVING, ADMINISTERING AND REMOVING MEDICAL CANNABIS, REQUIRE MEDICAL CANNABIS TO BE STORED SECURELY AT ALL TIMES IN A LOCKED CONTAINER IN THE PATIENT'S ROOM OR OTHER DESIGNATED AREA, AND PROHIBIT HEALTH CARE PROFESSIONALS AND FACILITY STAFF FROM ADMINISTERING MEDICAL CANNABIS OR RETRIEVING MEDICAL CANNABIS FROM STORAGE; TO PROVIDE THAT UPON DISCHARGE OF THE PATIENT FROM THE HEALTH CARE FACILITY, ALL REMAINING MEDICAL CANNABIS MUST BE REMOVED BY THE PATIENT OR PATIENT'S DESIGNATED CAREGIVER; TO AMEND SECTION 41-137-21, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 41-137-22, Mississippi Code of 1972:
41-137-22. (1) (a) This section shall be known and may be cited as the "Compassionate Access to Medical Cannabis Act" or "Ryan's Law."
(b) It is the intent of the Legislature in enacting this section to support the ability of terminally ill qualifying patients to safely use medical cannabis within specified health care facilities in compliance with this chapter.
(2) Unless the context requires otherwise, the following terms shall be defined as provided in this subsection:
(a) "Health care facility" means a hospital, skilled nursing facility or hospice facility. However, the term "health care facility" does not include the following:
(i) A chemical dependency recovery hospital; or
(ii) An emergency department of a health care facility while the patient is receiving emergency services and care.
(b) "Patient" means a registered qualifying patient who is terminally ill and who is receiving health care services from a health care facility. The term "patient" does not include an individual receiving emergency services and care.
(c) "Terminally ill" means a medical condition resulting in a prognosis of life of one (1) year or less, if the disease follows its natural course, as determined by a physician.
(3) A health care facility shall allow patients in the facility to use medical cannabis and shall do all of the following:
(a) Prohibit smoking or vaping as methods to use medical cannabis.
(b) Include the use of medical cannabis within the patient's medical records.
(c) Require a patient to provide a copy of the patient's valid registry identification card.
(d) Require a patient or the patient's designated caregiver to be responsible for acquiring, retrieving, administering and removing medical cannabis.
(e) Require medical cannabis to be stored securely at all times in a locked container in the patient's room, other designated area, or with the patient's designated caregiver.
(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses and pharmacists, from administering medical cannabis or retrieving medical cannabis from storage.
(g) Develop, disseminate and train health care facility staff on the written guidelines developed by the facility for the use of medical cannabis within the health care facility in compliance with this chapter.
(h) Ensure that a patient is not denied admission to the health care facility, in whole or in part, because of the patient's use of medical cannabis.
(4) Upon discharge of the patient from the health care facility, all remaining medical cannabis shall be removed by the patient or patient's designated caregiver. If a patient cannot remove the medical cannabis and does not have a designated caregiver that is available to remove the medical cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health care facility's policy and procedure governing medical cannabis.
(5) (a) This section shall be enforced by the MDOH.
(b) Compliance with this section shall not be a condition for obtaining, retaining, or renewing a license as a health care facility.
(6) (a) If a federal regulatory agency, the United States Department of Justice (US DOJ), or the federal Centers for Medicare and Medicaid Services (CMS) takes one (1) of the following actions, a health care facility may suspend compliance with subsection (3) of this section until the regulatory agency, the US DOJ, or CMS notifies the health care facility that it may resume allowing the use of medical cannabis within the facility:
(i) A federal regulatory agency or the US DOJ initiates enforcement action, including a notice to suspend funding, against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.
(ii) A federal regulatory agency, the US DOJ, or CMS issues a rule, guidance or otherwise provides notification to the health care facility that expressly prohibits the use of medical marijuana in health care facilities or otherwise prohibits compliance with a state-regulated medical marijuana program.
(b) This subsection does not permit a health care facility to prohibit patient use of medical cannabis due solely to the fact that cannabis is a Schedule I drug under the federal Uniform Controlled Substances Act, or other federal constraints on the use of medical cannabis that were in existence before July 1, 2026.
SECTION 2. Section 41-137-21, Mississippi Code of 1972, is amended as follows:
41-137-21. (1) Any * * * assisted
living facility, personal care home, adult day care facility, or adult foster
care facility may adopt reasonable restrictions on the use of medical cannabis
by registered qualifying patients who are receiving * * * personal care services,
residential care services * * *, or day care services from the facility, including:
(a) That the facility will not store or maintain the patient's supply of medical cannabis;
(b) That the facility * * * or caregivers * * *
of the facility are not responsible for providing the medical cannabis
for registered qualifying patients; and
(c) That medical cannabis be consumed only in a place specified by the facility.
(2) Nothing in this section requires a facility listed in subsection (1) of this section to adopt restrictions on the medical use of medical cannabis.
(3) A facility listed in subsection (1) of this section may not unreasonably limit a registered qualifying patient's access to or medical use of medical cannabis authorized under this chapter, unless failing to do so would cause the facility to lose a monetary or licensing-related benefit under federal law or regulations.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.