Medical-marijuana policy in long-term-care facilities across Colorado is hazy at best.

From state law and patients’ rights to federal law and liabilities, regulations on how marijuana may be used by nursing-home residents who suffer from eight specific medical conditions — set out in a 2000 state constitutional amendment legalizing the use of medical pot — run the gamut.

For every facility that would discuss the matter, about a half-dozen declined, saying the topic was too controversial. The push and pull among federal, state and local regulation — possession of pot and distribution of it are crimes under federal law — has some long-term-care facilities playing it safe.

QP Health Care Services, which operates 25 facilities in Colorado, does not allow medicinal marijuana because of feared consequences.

“We follow federal law on that because these are Title 19 homes, which are Medicare-certified,” QP Health Care spokeswoman Nancy Schwalm said.

Policy could change

Times, however, are changing dramatically, and should more potential clients request to use the medication, policy could change, she said. “The senior population is growing larger because of the baby boomers, so we would be open to the idea.”

North Star Rehabilitation and Care Community in Denver has taken a zero-tolerance stance, and because the topic has come up with potential residents, the community advises on the issue during the admissions process.

The marijuana would have to be administered by nurses, said North Star help-information manager Kathy Szabo. “It is a liability issue, so we decided against allowing it.”

Less than 7 miles away, Sunrise at Cherry Creek permits medical marijuana and handles it like any medication. The only stipulation is that medical marijuana has to be ingested in a pill form or, in some cases, baked into food, said senior executive director Reema Chugh.

As with other controlled substances, nurses at the facility distribute medical marijuana.

“It is treated like any other narcotic,” Chugh said.

Emeritus Senior Living — which has 478 communities nationwide, including five in Colorado — has a systemwide policy that follows state laws governing the use of medical marijuana, spokeswoman Karen Lucas said.

Residents must self-administer the drug, and only in their rooms, Lucas said.

“The key word is resident’s choice,” Lucas said. “We will support whatever that may be.”

Sonny Smith, 59, a Boulder nursing-home resident, is grateful he can use medical marijuana where he lives. “It meant that I didn’t have to lie or leave the premises to use it. It is a huge inconvenience to leave, especially to take your own medicine.”

For various aliments, Smith takes numerous medications, which make him sick to his stomach unless he is able to smoke, he said.

Smith’s nursing home has a patio area where residents may smoke either cigarettes or medical marijuana. “I come out and take a few puffs when it is needed,” he said. “I am mindful of others and find an area to myself.”

Attorney Fred Miles has represented local and national long-term-care facilities concerning the issue and regularly gives a presentation titled “Are Nursing Homes Going to Pot?”

Until more clarity comes from the federal level on the matter, Miles said, most organizations will base policy on their use of Medicare and Medicaid funding.

“When I advise facilities, I share with them the ‘don’t ask, don’t tell’ policy,” Miles said.

While some have taken a stand on the issue, others said they will address the topic when it finally comes up at their location.

Following state law

Parkplace Denver is one of those facilities, which, when time comes for a decision, will follow state law, said director Paul Chinchilla. “If a doctor prescribes it, we would protect the patient’s rights.”

Sheryl Thompson, president of Assured Assisted Living, said the Colorado Department of Public Health and Environment gave an advisory committee meeting on medical marijuana four years ago.

“All assisted-living locations were told there were no regulations against it, as long as it was no more than an ounce in possession and from a physician’s prescription,” she said.

Hospices, too, varied on what was allowed for those undergoing pain management.

The Denver Hospice allows patients to administer medical marijuana to themselves.

“If it’s part of the patient’s medical regimen as ordered by the patient’s own physician, the patient may continue to self-administer medical marijuana,” said spokeswoman Lynn Bronikowski. “Our staff does not provide nor administer medical marijuana in any form.”

Melody Stanton, administrator for Family Hospice of Boulder, said the organization has no specific policy on the issue. “We neither condone nor condemn the usage of it.”

Colorado Dispensary Services general manager Jill Lamoureux was not surprised many facilities were mum. She said they are in a tough spot, balancing their feelings with the law.

“Nursing homes have a conflict of conscience,” she said. “On the one hand, they want to help those in pain, but on the other hand, they fear what the government might do.”

Denver Drug Enforcement Administration spokesman Robert Turner said long-term-care facilities are not necessarily part of the the federal agency’s “bigger picture.”

“We do not target sick people,” Turner said. “Never have and, as far as I can say, never will, unless they were involved with major trafficking.”

Ryan Parker: 303-954-2409 or rparker@denverpost.com

This story has been corrected in this online archive. Originally, due to a reporting error, the name of Melody Stanton’s employer was incorrect. She works for Family Hospice in Boulder.