Medical Marijuana Can Now Be Used by Terminally Ill Patients in Medical Care Facilities

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RICHMOND, Va. — The core purpose of the bill is to ensure that patients with terminal illnesses can continue their use of medical cannabis when receiving care in hospitals and other medical facilities. The bill defines a patient for the purposes of this section as a person who has a terminal illness. Medical care facilities are required to permit these patients to use medical cannabis in accordance with the new provisions.

Hospital staff will be allowed to store, dispense, and administer cannabis oil to patients who have valid certificates for medical cannabis. This authority is accompanied by an exemption from penalties for staff members who possess cannabis oil while performing these tasks as part of their professional responsibilities under the regulations.

The Department of Health will enforce the regulations created to carry out the requirements of the new section. The department is also mandated to convene a work group that will discuss the implementation process for providing cannabis products to patients in medical care facilities. This work group will help shape how the access is put into practice across the state.

Additionally, the bill requires a report on the administration of medical cannabis to terminally ill patients, contributing to the documentation of the program’s operations.

The legislative history of the bill shows it was prefiled on December 31, 2025. It was offered in the House of Delegates on January 14, 2026, and referred to the Committee on Health and Human Services. In committee, House Bill 486 was incorporated into House Bill 75, combining efforts on the issue of expanded access for terminally ill patients.

The House passed an amended version, HB75H1. The bill then went to the Senate, where it was amended further. A conference committee worked out the differences, and the conference report was agreed to by the Senate by a vote of 40 to 0, with no abstentions. The House also agreed to the conference report, and the bill was signed by the governor on April 13, 2026.

This law will allow terminally ill patients to have their medical cannabis available to them in the setting of medical care facilities, avoiding the previous situation where facility rules might have prohibited such use. The focus on valid certificates ensures that only those with proper authorization can access the treatment through the facility.

The exemption for staff from penalties provides legal clarity and encourages compliance with the new mandate to permit the use. Facilities will no longer have to choose between patient care and potential legal risks when handling the cannabis oil for eligible patients.

The work group convened by the Department of Health will bring expertise to the table for discussing implementation details, such as how products are distributed, stored, and administered within the facilities. Their work will lead to recommendations that facilities can use to update their procedures.

The required report will provide a formal record of how the law is being carried out, allowing for review and potential future adjustments if needed.

The process of the bill through the General Assembly involved thorough review, including the incorporation of a related bill and multiple amendments, culminating in unanimous support in the Senate for the final conference report. This indicates a high level of agreement on the balanced provisions of the legislation.

With the law in place, medical care facilities throughout Virginia will need to align their policies with the requirement to permit terminally ill patients to use medical cannabis. The Department of Health’s enforcement role and the work group’s guidance will support this transition.

Patients who are terminally ill and have valid medical cannabis certificates will benefit from the continuity of their treatment even when admitted to a facility. Staff will have the backing of the law when storing, dispensing, and administering the oil as part of care.

The narrow application to terminal illness cases, combined with the oversight mechanisms, creates a controlled expansion of access. The bill does not alter broader cannabis laws but focuses on this specific need in medical settings.

As the work group meets and develops the implementation plan, facilities will receive the necessary information to comply effectively. The report will serve as a tool for monitoring the success of the new access provisions.

The signing of House Bill 75 into law on April 13, 2026, concludes the legislative effort to update the Code of Virginia with section 32.1-127.4. This update ensures that terminally ill patients in medical care facilities have expanded access to their prescribed medical cannabis under regulated conditions.

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