Colorado Man Faces Felony Charge for Giving Marijuana Candy to Resident in Wyoming Nursing Home
Tetrahydrocannabinol (THC) is the main active ingredient found in marijuana plants that produce the “high effect” most users seek. It is often infused with different types of candy—chocolate and other hard or soft candies—and has been legalized in some but not all states.
Last fall a Colorado man was visiting his father in a Wyoming nursing home and was asked by another resident in the facility if he would buy him some THC candy—a purchase that is legal in Colorado but not in Wyoming—and bring it to him the next time he visited his father. Last December, it is believed that the Colorado man did as the resident had requested and brought the resident some THC candy when visiting with his father.
Subsequently, the resident’s behavior became unusually agitated and was noticed by a nurse who contacted her husband, a detective with the area’s police department. She told her husband that she thought the resident might have ingested THC. When confronted, the resident admitted that he had eaten a handful of the THC. This was later reported in an affidavit, along with the fact that the person holding the resident’s power of attorney had searched the resident’s pockets and found several colored squares that were marked “THC.” The squares were tested and determined to be positive for “THC.”
Wyoming police have charged the Colorado man with the delivery of a controlled substance, even though no money was exchanged.
Giving marijuana, even if it was legally purchased in Colorado, to a resident in a Wyoming nursing home is considered the delivery of a controlled substance and is classified as a felony in Wyoming. Also, Wyoming law does not make any provision for the use of medical marijuana.
Compliance Perspective
Allowing residents to gain access to controlled substances, even if they have been purchased legally in another state, may be considered a violation of state laws, placing the resident at risk for an adverse reaction to the substance, and deemed abuse, neglect, and the provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding state and federal laws for medical or recreational marijuana purposes.
- Train staff about compliance with state and federal laws and statutes addressing marijuana products and their use in the nursing home. Explain how to recognize changes in the behavior of residents that might indicate ingestion of a controlled substance and their responsibility to immediately report any suspected incident to their supervisor or through the Hotline.
- Periodically audit noted changes in the behavior of residents to determine if they could be related to the ingestion of a substance such as THC candy or other items brought to them by visitors. Consider periodically notifying residents, families, and responsible persons having authority to make decisions for a resident about the state and federal laws governing the legality of marijuana, either for medical or recreational purposes.
