In only a few short years, we have seen a dramatic transformation in the public's opinion toward medical marijuana. These days, medical marijuana is increasingly viewed as a legitimate alternative treatment for medical conditions such as chronic pain, seizure disorders, cancer, glaucoma, and Alzheimer's-related agitation. In fact, as of the publication of this Special Issue Brief, more states in the U.S. allow medical marijuana than prohibit it.
The history of legalized medical marijuana spans only 20 years. It was first legalized by California voters in 1996. Ten years later, 11 states had some form of medical marijuana laws on the books. Fast-forward another ten years to 2016, and we find that medical marijuana is legal in 26 states, the District of Columbia, and the territory of Guam, with several more states considering similar laws. Looking to the next ten years, it is very possible that every state in the nation will have some form of medical marijuana law on the books.
But isn't marijuana illegal under federal law? The short answer is "yes." Under the federal Controlled Substances Act, marijuana is classified as a Schedule I drug, meaning it has no currently accepted medical use under federal law. However, in recent years, the federal government has given states progressively more autonomy in regulating and enforcing their marijuana laws despite federal law to the contrary. In 2009 and 2013 President Obama issued guidelines to federal prosecutors advising them not to focus on medical marijuana use, and to defer instead to state authorities to address and enforce these laws. More recently, federal budgets passed by Congress for fiscal years 2015 and 2016 specifically prohibited the Department of Justice from using federal funds to prosecute individuals and businesses otherwise operating in compliance with state medical marijuana laws.
In addition, recent studies have found that the medical marijuana market is a decidedly more senior crowd than one might have anticipated. A study published in the journal Drug and Alcohol Dependence this year found that medical marijuana users tend to be in their 50s or older, and that medical marijuana use has increased sharply across all age brackets since 2009.1 Another study published in Health Affairs in 2013 found that Medicare Part D utilization of certain drug categories (such as pain medication and antidepressants) was significantly lower in states with medical marijuana laws than those without, suggesting that some Medicare beneficiaries were using medical marijuana as an alternative to prescription drugs covered by Part D.2 And although the social stigma of medical marijuana use has not completely been eliminated, its use has become acceptable enough that "medical marijuana clubs" have begun to spring up at some seniors housing communities.3
What do these changes mean for seniors housing providers? It is safe to say that that medical marijuana is here to stay, and it is likely to increase as baby boomers begin to enter seniors housing. The question for the prudent provider is not if it should adopt a medical marijuana policy, but when.
Part I of this Special Issue Brief summarizes current medical marijuana laws among the states, focusing on eight state programs. In Part II, we address some of the most frequently asked questions regarding medical marijuana use in seniors housing and senior care communities.
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Footnotes
1 "Trends in Registered Medical Marijuana Participation Across 13 US States and District of Columbia," Fairman, Brian J. Drug & Alcohol Dependence, Vol. 159, 72 – 79 (2016).
2 "Medical Marijuana Laws Reduce Prescription Medication Use in Medicare Part D," Bradford, Ashley C. and Bradford, W. David, Health Affairs, Vol. 35, 1230 – 1236 (2016).
3 Two well-publicized examples of such clubs in California are at Rossmoor, in Walnut Creek, CA, and at Laguna Woods Village, in Laguna Woods, CA.
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