The Delaware House of Representatives approved , a bill that would significantly expand the medical marijuana program of the state. This is ahead of adult-use cannabis sales which may not be implemented for another year.
The full chamber voted 26-10 on Thursday to send the bill, which was introduced by Rep. Ed Osienski, to the Senate.
The bill would change Delaware’s medical marijuana program in a number of ways, including by removing restrictions on patient eligibility that are based on specific health conditions. Doctors could instead recommend marijuana for any condition.
Patients over 65 years old could also self-certify their medical cannabis access, without a physician’s recommendation.
Osienski also authored a pair complementary bills for adult-use regulation and legalization that Governor. Jay Carney, who last year allowed the law to pass without his signature, stated in a Thursday press release that the newly passed legislation by the House is the result of feedback and engagement from cannabis patients.
He said that, “drawing on their insights, they helped us identify numerous ways to improve the medical marijuana program.” “HB 285 acknowledges the need to eliminate outdated restrictions and breaks through the barriers that prevent patients from benefiting from an improved access to medical cannabis.”
The key provisions of , HB 285 are:
- The list of conditions that qualify for medical marijuana will be removed. This would allow doctors to prescribe cannabis for any condition they feel their patients may benefit from.
- Patients aged 65 and older can self-certify that they need medical cannabis, without the need for a doctor’s recommendation.
- The law would allow regulators to issue cards for medical cannabis with a 2- or 3-year term, rather than the current 1-year term.
- Patients with terminal illnesses could be eligible for a card that has an “indefinite expiration date”.
- Patients with medical marijuana cards issued by other jurisdictions would be entitled to the same rights as patients registered in state.
“With the full-legalization of adult use recreational cannabis last summer, Rep. Osienski and Sen. Trey Paradee, and I, agree that it’s time to update our Medical Marijuana Law and make it easier to the people who depend on these products for therapy to get what they need,” said Sen. Kyra (D), the sponsoring senators version.
She said: “These changes empower patients and their health care providers to decide on the treatment that is best for them and will make these treatments more accessible to our neighbors in the most need.” I look forward to working together with my Senate colleagues in order to get this legislation on the Governor’s desk.
While licenses for marijuana recreational businesses will not be issued until September, it may take up to 2025 before stores open.
Osienski, who has been a marijuana reform advocate for many years, gave advice last year to legislators in other states after his two measures were passed.
He said in May that the key was to continue working on it, and look at what other states had done. Then you can decide what is best for your own state.
He also advised that legislators sit down with “affected agencies of state” such as the Departments of Health, Finance and Agriculture.
He said, “We had to have meeting after meeting in order to resolve a number of issues.”
Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
The governor vetoed the earlier legalization bill he had introduced in 2022. Osienski stated that this “really killed the progress we made on that regulation bill and taxation bill for that session.”
He said there was also “a lot” of pressure coming from existing compassion centers who dispense medical product, as well as from “patients” who were dissatisfied by the availability of cannabis in dispensaries. “They certainly did not want to be able to see them dispensing products for recreational use when they are still struggling with their medical needs.”
The lawmaker stated at the time that, he was aware of these concerns and that he would “be more than willing to introduce legislation that is beneficial to patients as well as to compassion centers in order to generate more products we can sell to patients who are in need.”
The House passed medical cannabis expansion legislation, HB 285, does not address product production but will nonetheless offer more patients access.
In March, the Delaware Senate also approved a separate resolution that urged the state’s representatives in Congress to back legislation to end the federal prohibition of cannabis.
Carney , in 2022, vetoed an bill that was more specifically tailored , which would have clarified the fact that state law does not prohibit medical marijuana patients from purchasing, possessing, or transferring firearms.
Cory Booker bill would allow people to use marijuana in public housing without being evicted
Photo by Mike Latimer.
The post Delaware House votes to expand medical marijuana access by allowing patients 65+ self-certify without doctors first appeared on Marijuana Moment.
