Marijuana Moment: Delaware Lawmakers Pass Bill To Allow Medical Marijuana Use In Hospitals For Terminally Ill Patients, Sending It To Governor

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Delaware lawmakers have passed a bill to let terminally ill patients use medical cannabis in hospitals, sending the measure to the governor.

About a month after the cannabis proposal from Sen. Marie Pinkney (D) advanced through the Senate in a unanimous vote, the House of Representatives approved it with a 38-0 tally on Thursday.

The measure now heads to Gov. Matt Meyer (D), who can sign, veto or allow it to become law without his signature.

Rep. Kamela Smith (D), who carried the legislation in the House, said ahead of the final vote that the bill “is about compassionate, safe and transparent care for the seriously ill.”

“This is a patient safety bill. The stigma surrounding cannabis use continues to create unnecessary barriers to patients that are already facing some of the most difficult moments in their life,” she said. “Healthcare facilities will permit use on their premises, but only within established guidelines and safeguards.

“Patients are already using it, especially for cancer, chronic pain and serious illness,” Smith said. “Patients shouldn’t have to choose between following their doctor’s treatment plan and following the hospital’s rules and protocols. When patients are admitted to a hospital, their medications are reviewed, the treatment continues, and their plan is managed. Medical marijuana should be treated the same way—openly, safely and not hidden.”

If the reform is enacted into law, 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, SB 226, would not apply to patients who are in the emergency department.

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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.

Two lawmakers who led the push to legalize marijuana sought input from consumers and businesses about the market launch. Sen. Trey Paradee (D), 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.

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 Max Pixel.

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