Can Cannabis Be Used in Long-Term Care Homes in Ontario?

Disclaimer: Elderado is not suggesting or encouraging the use of cannabis in any form.

Since the legalization of recreational cannabis in Canada in 2018, its use among seniors has been steadily increasing. Cannabis, once a taboo topic, is now becoming a conversation starter, including in settings like long-term care homes where health, comfort, and quality of life are key concerns. But with this rise in popularity comes questions about the rules and regulations surrounding cannabis use in these environments. Can residents of long-term care homes in Ontario legally use cannabis, and if so, under what conditions?

The short answer is, sort of - the Fixing Long-Term Care Act states:

(2) Nothing in this Regulation prevents a resident from cultivating, acquiring, consuming, administering, possessing, storing or disposing of recreational cannabis in accordance with the licensee’s policies and procedures as required by subsection (1).

One long-term care home told us:

"Residents are able to consume alcohol and cannabis unless the doctor deems that it would not be safe due to a health condition/medication. Residents would either store their alcohol/cannabis locked in their room, or locked in the medication room with the nurse, depending on a capacity assessment that is completed (goes over risk, abilities, etc.). Residents have choice and can consume at their leisure, however there are rules in place for where they can/can’t."

In this blog, we'll explore the key regulations and considerations related to cannabis use in long-term care homes in Ontario, referencing both the Cannabis Control Act and the Fixing Long-Term Care Act. We’ll also look at the increasing usage of cannabis by seniors, supported by recent studies.

The Growing Popularity of Cannabis Among Seniors

Since Canada legalized cannabis in 2018, the stigma around its use has slowly faded, and many people, including seniors, have begun exploring its potential benefits. According to a 2021 study by the Canadian Institute for Health Information (CIHI), the use of cannabis among seniors (aged 65 and older) more than doubled from 2017 to 2019. Many seniors are turning to cannabis as an alternative treatment for conditions like chronic pain, insomnia, and anxiety, with both recreational and medicinal cannabis use rising.

A 2020 study published in the Journal of the American Geriatrics Society found that 15% of Canadian seniors reported using cannabis, with most of them doing so for medical reasons. For long-term care residents, the potential benefits of cannabis include helping to manage pain, reduce the need for opioids, and improve overall well-being.

The Cannabis Act and Long-Term Care Homes

The Cannabis Act, which came into effect in October 2018, legalized the recreational use of cannabis across Canada. It allows adults to possess and share up to 30 grams of dried cannabis or its equivalent in other forms, grow up to four plants per household, and purchase cannabis from licensed retailers. However, the act also gives provinces and territories the authority to implement additional rules and restrictions, particularly when it comes to where cannabis can be consumed.

In Ontario, cannabis use is regulated by a combination of laws, including the Cannabis Control Act, 2017, the Cannabis Licence Act, 2018, and the Smoke-Free Ontario Act, 2017. While adults are generally allowed to use cannabis in private residences, the rules for public consumption are stricter and aligned with those for tobacco. In institutional settings like long-term care homes, the regulations can vary depending on the facility’s policies and whether the use is recreational or medicinal. Exemptions to public consumption rules may apply in certain long-term care or retirement homes under specific conditions.

The Fixing Long-Term Care Act, 2021

The Fixing Long-Term Care Act, 2021 is a key piece of legislation in Ontario that governs long-term care homes. It establishes standards for the safety, care, and rights of residents in these facilities. When it comes to cannabis use, long-term care homes must balance the residents' rights to make personal choices with the need to ensure the safety and well-being of all residents.

There is no blanket prohibition on cannabis use in long-term care homes, but individual homes may have specific policies that residents must follow. These policies are usually designed to ensure that cannabis use does not interfere with the care environment, the safety of residents, or the legal obligations of the home. For instance, some homes may require residents to consume cannabis only in designated areas, and smoking or vaping cannabis indoors is generally prohibited under Ontario’s Smoke-Free Ontario Act.

Medicinal Cannabis in Long-Term Care Homes

For residents who use cannabis for medical reasons, the situation can be more straightforward. Under Canadian law, individuals with a medical authorization can legally access cannabis products to treat various health conditions. Long-term care homes in Ontario are required to accommodate residents' medical needs, including those who have been prescribed cannabis by a healthcare professional.

However, the use of medical cannabis in long-term care homes may come with additional regulations. Homes must ensure that cannabis products are stored securely, administered safely, and do not pose a risk to other residents. In some cases, residents may be required to provide a medical prescription, and the home’s staff may be involved in managing the resident's cannabis use, similar to how they handle other medications.

Key Considerations for Residents and Families

If you or a loved one is considering using cannabis while living in a long-term care home in Ontario, here are a few key points to keep in mind:

1. Check the Home's Policies: Each long-term care home may have its own rules about cannabis use. Be sure to ask about these policies before bringing cannabis into the home.

2. Consider Medical Authorization: If you plan to use cannabis for medical purposes, having a prescription from a healthcare provider can simplify the process. It also ensures that the long-term care home is aware of your medical needs and can provide appropriate support.

3. Respect Other Residents: Remember that cannabis use, especially smoking or vaping, can affect others. Be mindful of the designated areas for cannabis use, and always follow the home’s guidelines.

4. Safety First: Long-term care homes have a responsibility to maintain a safe environment for all residents. This means that cannabis products, like any other medications, must be stored securely to prevent accidental ingestion by others.

Conclusion

The Cannabis Act provides the legal framework for cannabis use across Canada, while the Fixing Long-Term Care Act governs how long-term care homes manage cannabis use among residents. If you or a loved one is living in a long-term care home and considering cannabis, it’s important to understand the home’s policies and ensure that your use complies with all laws, rules, and guidelines.

Cannabis use among seniors has been on the rise since its legalization in 2018, with many finding it beneficial for managing chronic pain and other health conditions. While cannabis is generally legal in Ontario, the use of cannabis in long-term care homes is subject to specific regulations that balance individual rights with the safety and well-being of all residents.