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420 with CNW — Congress Advances Bill Requiring Tracking Marijuana Tests in ERs

A House committee has moved forward with legislation directing the Department of Health and Human Services to examine how often hospital emergency units screen overdose patients for fentanyl, marijuana, and several other controlled substances. 

The proposal, introduced by Representative Ted Lieu, is known as Tyler’s Law. It honors 19-year-old Tyler Shamash, who died in 2018 after ingesting fentanyl. He was never tested for the synthetic opioid after arriving at a hospital with what was believed to be an overdose. 

The bill would require the HHS secretary to complete a nationwide review within one year if it becomes law. The research would evaluate how frequently emergency departments conduct fentanyl screenings alongside standard toxicology tests that commonly include substances such as phencyclidine, amphetamines, cocaine, marijuana, and opiates. 

Lawmakers are also asking the HHS to assess the financial impact of fentanyl testing, along with its possible advantages and drawbacks. The review would consider whether routine screening affects patient care, confidentiality, privacy protections, and trust between physicians and those they treat. 

After the study is completed, the department would have six months to publish recommendations for hospitals. Those guidelines would address whether fentanyl testing should become a standard part of overdose treatment, how medical professionals can stay informed about the substances included in routine drug screens, and whether broader testing could influence future overdose risks or long-term health outcomes. 

The House Energy and Commerce Subcommittee on Health approved the proposal without changes by voice vote. 

A Senate version, sponsored by Senator Jim Banks, advanced through the Health, Education, Labor, and Pensions Committee earlier this year. However, senators revised that bill before approval, removing references to cannabis and other substances so the study would focus exclusively on fentanyl. 

The Senate proposal also gives the HHS secretary up to three years to complete the research instead of the one-year timeline outlined in the House measure. 

Meanwhile, congressional Republicans have introduced another healthcare proposal tied to cannabis. In April, Senators Ted Budd and Pete Ricketts introduced the Marijuana Impact on Medicaid Act of 2026. Their bill would require HHS to determine state and federal Medicaid spending connected to hospital admissions, outpatient treatment, and emergency room visits linked to cannabis use. 

The proposal closely mirrors earlier amendments Budd introduced seeking similar data on cannabis-related hospitalization costs. Those previous efforts, however, were never brought before the full Senate for consideration. 

It remains to be seen how these bills currently being discussed will be impacted by the ongoing marijuana rescheduling process being undertaken by the DEA. Industry actors like Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED) would then have greater clarity regarding the federal laws that could reshape the trajectory of the industry. 

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