Marijuana Moment: Delaware Senators Approve Bill To Allow Terminally Ill Patients To Use Medical Marijuana In Hospitals

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Delaware senators have approved a bill that would allow terminally ill patients to use medical cannabis in hospitals and other healthcare facilities.

Members of the Senate Health & Social Services Committee on Tuesday passed the legislation from Sen. Marie Pinkney (D), along with an amendment to clarify its scope.

“This is a compassionate measure for patients in acute care settings to seek comfort with the use of their medical marijuana in a safe and dignified manner,” Christopher Otto, executive director of the Delaware Nurses Association, told senators before the vote.

Pinkney, the chair of the panel, explained that she worked with the Medical Society of Delaware and the Delaware Healthcare Association to craft the adopted amendment, which specifies that the bill applies only to licensed acute care hospitals and not other types of healthcare facilities, and clarifies that patients and caregivers must notify attending physicians of patients’ use of medical cannabis.

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.

The Health & Social Services Committee met to discuss the legislation in January, but the sponsor agreed to hold it for a vote so he could discuss the proposed policy change with healthcare stakeholders.

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Meanwhile in Delaware, the Senate in January voted to override the governor’s veto of a bill that would prevent local governments from imposing onerous zoning restrictions that make it more challenging for marijuana businesses to operate in their jurisdictions.

Delaware’s adult-use cannabis market launched last August, with the governor touting the state’s first “successful” weekend of adult-use cannabis sales, with total purchases for medical and recreational marijuana totaling nearly $1 million—and compliance checks demonstrating that the regulated market is operating as intended under the law.

The launch of Delaware’s legal market came about two years after marijuana legalization was enacted into law under former Gov. John Carney (D).

Ahead of the sales roll-out, the governor last July toured one of the state’s cannabis cultivation facilities, praising the quality of marijuana that’s being produced, which he said will be the “French wine of weed.”

The launch of the legal market came with some controversy, however, with critics alleging that allowing medical operators to start adult-use sales ahead of other license applicants is unfair. Dozens of other would-be retailers that have either already received licenses or are still awaiting issuance will need to wait for further regulatory approvals until they can open their doors—a situation that’s frustrated some advocates.

Meanwhile, two lawmakers who led the push to legalize marijuana are separately seeking input from consumers and businesses about the market launch. Paradee, the sponsor of SB 75, and House Majority Whip Rep. Ed Osienski (D)—the primary sponsor of the state’s 2023 legalization bills—put out an online form last year for residents to share thoughts and feedback about the cannabis program anonymously.

The idea is to identify any hiccups that lawmakers might need to address when they return for next year’s legislative session.

Separately, a Delaware House committee in January approved a bill to decriminalize public consumption of marijuana.

While certain legal marijuana states like Colorado and Ohio still impose criminal penalties for public cannabis use, Delaware stands out as especially punitive, with a maximum penalty that carries the risk of jail time in addition to a fine.

Photo courtesy of Philip Steffan.

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