Elder Care and Medical Marijuana in Massachusetts
The Massachusetts Act for the Humanitarian Medical Use of Marijuana (Medical Marijuana Law) took effect on January 1, 2013, legalizing the use of marijuana for medicinal purposes and exempting individuals with qualifying medical conditions from being penalized under Massachusetts law for marijuana use.
To become a “qualifying patient,” a doctor, licensed in Massachusetts, must have diagnosed the patient as having a debilitating medical condition such as cancer, multiple sclerosis, glaucoma, Crohn’s disease, Parkinson’s disease, HIV or AIDs. Other conditions are reviewed on a case by case basis. As one gets older, the proclivity to chronic illness increases, making many older adults candidates for this treatment option. With so many elderly adults residing in assisted living and skilled nursing facilities, it is interesting to consider how the use of medical marijuana will be handled in these instances.
A patient has a right to treatment and the assisted living or skilled nursing facility may not deprive a resident access to medical marijuana if they are a qualifying patient. The lingering issue is how to administer and store the medication. This may depend on the facility and whether the patient has a private apartment as in the assisted living scenario.
Regulations stipulate that a resident of a skilled nursing facility or assisted living may designate two caregivers. The caregivers may include family members. An employee of the skilled nursing or assisted living facility may also assist the patient by providing transportation to a Registered Marijuana Dispensary, as well as help them to prepare and administer the drug. Whether family or healthcare provider, a “personal qualified caregiver” must complete an application for registration as an individual who may assist and administer marijuana and, if approved, this registration card must be renewed annually.
Some assisted living and skilled nursing facilities are concerned with the legal issues that may arise with medical marijuana, since federal law deems marijuana possession a crime. However, if the appropriate channels are navigated and a Registration card is procured by both qualifying patient and personal qualified caregiver, there can be no penalty under Massachusetts law.
It is difficult to forecast the number of assisted living and skilled nursing facility residents who will be eligible for medical marijuana and choose it as a treatment option. Yet, with the new law, it is important to consider how this new treatment option will impact elder care in Massachusetts.