Delaware: Lawmakers Advance Medical Cannabis Expansion Bill to Governor’s Desk

State lawmakers have advanced legislation (HB 285) to the Governor’s desk expanding medical cannabis access to seniors and others.

The legislation provides discretion to physicians to issue medical cannabis recommendations to any patient who may benefit from it, regardless of whether or not they suffer from a state-specific qualifying condition. It also allows those ages 65 or older to self-certify for a registration card absent a doctor’s recommendation.

Members of the House passed the bill by a vote of 26 to 10. Senate members approved the measure yesterday by a vote of 16 to 5. It now awaits action from Democratic Gov. John Carney.

NORML’s Deputy Director Paul Armentano provided testimony to lawmakers in favor the measure, stating: “Physicians in Delaware are limited to recommending medical cannabis solely to those patients who possess one of a limited number of state-specific qualifying medical conditions. This condition list was created by lawmakers, not by health professionals. A case in point. Neither fibromyalgia nor Tourette Syndrome currently appear on Delaware’s qualifying condition list.

“… Patients with these and other non-qualifying conditions for which medical marijuana can provide relief should be able to access cannabis following a determination by their physician. A patient’s treatment options should not be limited by the government, but rather, they should be determined in confidence between a patient and their doctor.”

State Senator Kyra Hoffner, a sponsor of the bill, said, “These changes will allow healthcare providers to make sound decisions about which treatments best fit their patients, and make those treatments more readily accessible to people who need them the most.”

Lawmakers enacted the state’s medical access program in 2011. An estimated 29,000 patients are enrolled in it, according to fall 2023 figures compiled by the Delaware Department of Health and Social Services.

Last year, lawmakers approved legislation legalizing adult-use marijuana possession and retail sales. However, state-licensed retailers are not expected to be operational under the law until 2025.

The full text of Paul Armentano‘s testimony is available in the NORML Testimony library.

NORML’s legislative action alert in support of HB 285 is available in NORML’s Take Action Center.