Marijuana Moment: Delaware Lawmakers Consider Bill To Allow Medical Marijuana Use In Hospitals By Terminally Ill Patients

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Delaware lawmakers are considering legislation that would allow terminally ill patients to use medical cannabis in hospitals and other healthcare facilities.

The Senate Health & Social Services Committee held a hearing on the bill, sponsored by Sen. Marie Pinkney (R), on Wednesday.

Pinkney, who chairs the panel that approved the measure, said it “basically says that terminally ill patients…have the ability to bring in their medical cannabis that they are already using at home, and they are responsible for storing it.”

Under SB 226, patients and their caregivers would be responsible for acquiring and administering medical marijuana, and it would need to be stored securely at all times in a locked container.

Smoking or vaping of medical cannabis would be prohibited, so patients would need to consume it via other methods.

Healthcare facility officials would need to see a copy of patients’ state medical marijuana registry ID cards, and they would be required to note their use of the drug in medical records. They would also need to “develop and disseminate written policies and procedures for the use of medical marijuana within the health care facility.”

Facilities would be able to prohibit medical marijuana use if they determine that such use would have an “adverse impact on the medical care and treatment of the patient or is otherwise contraindicated.”

They would also be able to suspend permission to use cannabis if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule, guidance, or otherwise provides notification to health care facilities that expressly prohibits the use of medical marijuana in health care facilities.”

The right to use medical cannabis under the bill would not apply to patients who are in the emergency department.

In response to another senator’s concern, Pinkney agreed to hold the legislation for a vote until after she speaks with the Medical Society of Delaware about its stance on the proposal.

Christine O’Brien, a representative of the Delaware Health Care Association, testified in support of the legislation, saying that the group appreciated the sponsor including provisions to address “operational compliance challenges” presented by cannabis use in hospital settings.

“Key safeguards were included in the bill that helped to satisfy those concerns that we raised, such as liability protections, the ability of hospital systems to discontinue participation if there is federal scrutiny and discretion of prohibit use when medical marijuana could negatively impact a patient’s care,” she said.

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California and a handful of other states already have laws allowing terminally ill patients to use medical cannabis in healthcare facilities. Known as “Ryan’s Law,” the legislation is partly inspired by the experience of Jim Bartell, whose son died from cancer and was initially denied access to cannabis at a California hospital.

The Bartells did eventually find a facility that agreed to allow the treatment, and Jim said Ryan’s quality of life improved dramatically in his final days.

“In the invaluable last days as Ryan fought stage 4 pancreatic cancer, I first-handedly experienced the positive impact medical cannabis had on my son’s well-being, as opposed to the harsh effects of opiates,” Bartell said in 2021 when California’s governor signed Ryan’s Law. “Medical cannabis is an excellent option for relieving pain and suffering in those who are terminally-ill, but most importantly it serves to provide compassion, support, and dignity to patients and their families, during their loved-ones’ final days.”

“Looking at each other, holding Ryan’s hand and telling him how much I loved him during his final moments would not have been possible without the medical cannabis,” he said.

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