Assisted Living FAQs: Additional Assisted Living Topics

Minnesota Statutes, section 342.09, subdivision 1(a)(7)(ii), permits the owner of a private property to prohibit the consumption of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products by individuals on that property. This includes medical cannabis flower and medical cannabinoid products. The law does not address how this impacts nursing homes and assisted living facilities, specifically.

Effective March 1, 2025, Minnesota health care facilities are not generally permitted to prohibit the use of medical cannabis or medical cannabinoid products by patients enrolled in the medical cannabis program, although they are allowed to institute reasonable restrictions on the use of those products by residents in the facility (Minnesota Statutes, section 342.56). Should a facility change its policy from one that permits adult-use cannabis to one that does not, the facility should work with their interdisciplinary team, Office of Ombudsman, and residents to ensure protocols reflect Quality of Life for the residents the facility serves. Facilities should communicate their policies prior to a resident’s admission.                                                                       

Yes. For example, a facility could prohibit the use of smokable adult-use cannabis (either flower/bud or vaped), the use of cannabis products, or both. Facilities should have clear protocols in place per their policies and procedures.

Beginning March 2025, Minnesota Statutes, section 342.56 subdivision 2, does not require health care facilities to store, maintain, or provide adult-use cannabis for patients. However, requiring secured storage could protect other cognitively impaired residents, your staff, and others from misuse and/or allegations of missing cannabis product. Your facility policy should require that cannabis products be secured at all times.

A resident/resident representative should sign an acknowledgement of the facility’s medical cannabis/adult-use cannabis policies and that those policies include language that the resident/resident’s representative understands the facility may communicate with the resident’s treating physician/PA/NP if the facility believes that to be in the best interests of the resident.

Facilities should comply with State and Federal requirements for medical record keeping.

The resident or the resident’s designee is responsible for cannabis disposal. Residents should not give cannabis to facility employees for disposal. Disposal of a resident’s adult-use cannabis due to death or discharge should be addressed in facility policy, similar to other resident possessions.

Minnesota Statutes, section 342.09 subdivision 1(a) permits a person 21 years of age or older to:

• Use, possess, or transport cannabis paraphernalia.
• Possess or transport two ounces or less of adult-use cannabis flower in a public place.
• Possess two pounds or less of adult-use cannabis flower in the individual's private residence.
• Possess or transport eight grams or less of adult-use cannabis concentrate.
• Possess or transport edible cannabis products or lower-potency hemp edibles infused with a combined total of 800 milligrams or less of tetrahydrocannabinol.

Facilities could include a reasonable restriction on the maximum amount stored in their policies. Just as they might limit the amount of alcohol stored in a room. Storage limitations may differ between smaller nursing facility rooms compared to assisted living apartments.

Facilities should address this in their policies. In addition, facilities should ensure the resident’s assessment reflects a review of this. For example, the facility should be able to demonstrate their efforts to determine whether the use of adult-use cannabis will affect the resident’s ability to operate a mobility device safely. For further clarification, see Minnesota Statute, section 169.011.42.

A long-term care setting should develop policies and procedures related to this issue. A long-term care facility may need to apply considerations based on roommate preference, safety concerns, and space limitations as identified in facility policies. Safety concerns, such as the use of a heat lamp or storage of growth chemicals, should be taken into account when developing policies and procedures.

Per Minnesota Statute: Adults are permitted to grow up to eight (8) cannabis plants per single residence, with no more than four (4) being mature and flowering at the same time. Cannabis plants must be kept in an enclosed, locked space that is not open to public view.

This should be handled the same way the facility handles use of alcohol by residents.

This should be handled the same way the facility handles alcohol brought in by family members or guests for residents. All facility restrictions would still apply as outlined in the facility policies (e.g., smoking/vaping restrictions).

Yes – this is their money to spend on any legal personal purchases.