Can Assisted Living and Memory Care Residents Use CBD? A State-by-State Guide

Introduction

Research has show that cannabidiol, commonly known as CBD, is effective as a treatment for symptoms of Alzheimer’s, Parkinson’s and Huntington’s diseases, as well as other related dementias. And more and more dementia patients are turning to CBD as an alternative to pharmaceutical. However, many of these people reside in assisted living residences, and these facilities may have differing regulations in regards to CBD use by their residents. Plus, CBD laws are constantly changing and vary from state to state.

All these variations may leave some families wondering if, and how, their loved ones can use CBD products if they are in assisted living residences, which includes memory care units designed for people with Alzheimer’s disease and other dementias. Do they need a medical card? What kind of products can they use? Can they administer it themselves? Or do they need a staff member of professional healthcare provider to administer CBD?

CBD Legality in the United States

CBD is fully legal in the 16 states where recreational marijuana is also legal – Alaska, Arizona, California, Colorado, Connecticut, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New York, Oregon, Vermont, Virginia and Washington – as well as the District of Columbia. It is “conditionally” legal in 33 other states. In some of these states, the condition for legally possessing CBD is that contains less than 0.3% THC, which is a federal guideline set by the 2018 Farm Bill. Idaho takes it a step further and requires CBD to have 0% THC in order to be legal. Another condition for legality in some states is that users must have a medical reason and a prescription to use CBD. Nebraska is the only state where CBD is currently illegal, but possession has been decriminalized.

To be clear, CBD and THC are both “cannabanoids,” which means they are chemicals derived from the Cannabis plant. Both have proven medicinal effects. The difference is THC is intoxicating, it gets you “high,” while CBD is not intoxicating. However, studies have shown the CBD with small amounts of THC is actually more beneficial for patients with Alzheimer’s disease and other dementias than CBD with 0% THC.

CBD Legality in Assisted Living / Memory Care

Residents of assisted living and memory care communities have to follow the same laws as all state residents. However, just because a state has legalized CBD does not necessarily mean it can be used in assisted living residences in that state.

There are many reasons why CBD use might be prohibited in assisted living residences, including memory care units specializing in dementia. First and foremost, many of these facilities depend on federal funding in the form of Medicare and Medicaid, and allowing residents to use any kind of medication not approved by the Food and Drug Administration (FDA) could jeopardize that funding. There is only one CBD-based drug approved by the FDA, Epidiolex, which is for epilepsy.

Family members should also be careful helping their loved ones in assisted living take CBD products. That’s because most assisted living residences, including memory care units, only allow assistance in administering FDA-approved medication. Helping administer non-FDA-approved drugs could jeopardize federal funding.

As a rule, it is always best to check with the specific residence to determine if CBD is allowed.

State-by-State Laws on CBD in Assisted Living / Memory Care

Purchasing and Using CBD in Assisted Living / Memory Care

Assisted living communities do not normally provide pharmaceutical services. Registered nurses who work for the residence might be able to obtain medications for residents based on their service plans. More commonly, the responsibility of filling prescriptions (and even obtaining over-the-counter medications) falls with the family of the resident. Families will deliver the medications to either the resident or to the administrators of the residence who control medications on their residents’ behalf. Families also manage refills and inform the staff of the prescription dosage and schedule.

When it comes to obtaining CBD, families will have multiple options depending on where they live. People in all 50 states can purchase CBD legally online. However, families should check with the residence before purchasing or delivering CBD to make sure it is allowed at that particular location and for their loved one. Some facilities may not allow CBD even if it’s legal in the state. Some may insist on supervising the administration of CBD.

In situations such as these, it is a relatively simple process for the family to obtain CBD from a state-licensed dispensary or purchase CBD legally online and provide the medication to the residence along with the patient’s other medications. It is very important, however, that they check with the residence ahead of time to make sure CBD is allowed in the residence. If a memory care home does not take money from the federal government and CBD is considered legal by the state, then there shouldn’t be a problem. If the home accepts payments via the government programs Medicare and Medicaid, will likely only allow FDA-approved medications, which would not include CBD (except to treat epilepsy).

CBD comes in many forms. It can be eaten, administered through a bath soak, vaped, or absorbed from a tincture (a drop of liquid under the tongue) or through the skin from a spray or patch (like a Band-Aid). Most CBD users prefer to consume it orally in capsule form. This option is probably best for elderly residents in assisted living and memory care communities. Swallowing a pill something they are used to, and administering it in this form should be simple for those who administer medication at the residence.

Health Benefits of CBD

CBD has been shown to help people with Alzheimer’s disease, Vascular Dementia, Lewy Body Dementia, Parkinson’s disease, Frontotemporal dementia and Huntington’s disease. It does this in several ways.

CBD can reduce inflammation and dangerous oxygen buildup, functions which help protect nerve cells. When nerve cells in the brain and body are protected, problems with movement, memory and thinking are less pronounced, and they progress at a slower rate. CBD can also works as a brain stimulant and it can eliminate dead brain cells and the protein tangles that are believed to cause brain deterioration. From a user’s perspective, CBD can improve movement and coordination, reduce stress and anxiety, and slow the loss of memory and other brain functions.

There have been many scientific studies dedicated to understanding CBD and its health benefits and risks. These include:

• A 2016 study done by the Salk Institute found that that CBD, and other cannabinoids, could help reduce dementia symptoms and increase connections between brain cells.
• In 2015, Colorado researchers found that, “Cannabis was rarely used in our (Parkinson’s disease) population, but users reported high efficacy, mainly for non-motor symptoms.”
• A 2014 trial at the Department of Neuroscience and Behavior found that, “preliminary data suggest that CBD may be effective, safe, and well-tolerated for the treatment of the psychosis in Parkinson’s disease.”
• A 2009 study in Brazil where researchers stated, “Our findings point to a possible effect of CBD in improving quality of life measure in Parkinson’s disease patients.”
• A 1998 federally funded preclinical study showed strong antioxidant and neuroprotective properties in CBD and THC. These findings led to a U.S. patent on cannabinoids as antioxidants and neuroprotectants.