New Colorado Law Allows Doctors to Recommend Medical Marijuana for Disabling Medical Conditions

Colorado lawmakers passed Senate Bill 19-013 (Concerning the Conditions for Medical Marijuana Use For Disabling Conditions, and, in connection therewith, Adding a Condition for Which a Physician Could Prescribe an Opioid to the List of Disabling Medical Conditions for Medical Marijuana Use) in May 2019 and it took effect August 2, 2019. Senate Bill 19-013 allows doctors to recommend the use of medical marijuana as an alternative to opioids to treat acute pain in an effort to curb addition and address the state’s opioid crisis.

Colorado currently has a registry that allows patients with qualifying medical conditions (cancer, HIV or AIDS, and recently added autism spectrum disorder) to get a card for legal access to medical marijuana. Senate Bill 19-013 adds acute pain as ‘a condition for which a physician could prescribe an opioid,’ under the definition of a ‘disabling medical condition.’

While it is unclear how many Colorado physicians would recommend a non-Food and Drug Administration (FDA) approved product to treat acute pain, there are concerns that Colorado is circumventing the FDA approval process, especially since the FDA approved Epidiolex (cannabidiol (CBD)), the first drug comprised of an active ingredient from marijuana. Epidiolex, however, has only been approved for the treatment of seizures associated with two rare and severe forms of epilepsy, Lennox-Gastaut Syndrome and Dravet Syndrome, in patients two years of age and older.

Senate Bill 19-013 also addresses kids and acute pain, but, like adults, medical experts still agree that there isn’t enough scientific evidence to prove medical marijuana helps kids under the age of 18 years old. Despite no solid, proven scientific evidence, however, Colorado legislature passed the bill and leaves the decision to use medical marijuana up to the physician and parent(s).

Much more to come on this topic. Follow the Baer Law Blog to stay up-to-date on Colorado Rules and Laws.