Delaware could expand its medical marijuana program as it prepares for the sale of adult-use cannabis in Delaware, which is expected to begin as early as next year.
The bill, which was introduced this week in the legislature, would allow doctors to prescribe marijuana for any condition they feel it can benefit. Patients 65 and older can also self-certify that they need medical cannabis, without a doctor’s recommendation.
Ed Osienski, a Democratic representative and the bill’s principal sponsor, introduced HB 285 on Thursday. Four additional co-sponsors have also been added to the measure, including two from the House of Representatives and two from the Senate. All but one are Democrats, including co-sponsor Senator Eric Buckson (R).
The proposal, in addition to loosening the restrictions on who can register for the medical marijuana program of the state, would also amend the rules regarding expiration dates. According to a legislative summary, the measure would allow regulators to give cards that are valid for 2 or 3 years instead of only 1 year.
Patients with terminal illnesses could be eligible for a card that has an “indefinite expiration date”.
The bill also introduces a change that would allow out-of-state medical marijuana patients to receive the same privileges as registered in-state patients. The bill would grant patients who have medical marijuana cards issued by other jurisdictions the same rights as those registered in-state.
Mark Jacobs, a member of the Marijuana Act Oversight Committee and a member of the Delaware Cannabis Advocacy Network, told Marijuana Moment that while the proposed changes to the bill are important, they do not address the most significant obstacles for patients. These include product pricing and the lack of dispensaries in certain parts of the State. Fewer than 12 facilities are currently operating statewide.
He’s pleased with the idea that doctors can use their discretion when recommending cannabis.
He said, “I was a strong advocate of dropping the qualification conditions.” “The state shouldn’t be involved in diagnosis or treatment.” This should be between the doctor and patient. “If my doctor tells me cannabis will help for whatever reason, the state should have no say whatsoever.”
Jacobs said that the new registry cards will have an extended expiration date. This is because nearly all conditions qualifying for registration in Delaware are chronic and may not be cured.
Jacobs stated that his general practitioner renewed his recommendation at no cost, but he also pointed out that several states send their patients to medical marijuana doctors.
He said that the cost to print the paperwork and send it is $200.
Jacobs said that the biggest problem for patients is the high price of cannabis at multi-state operators in California. He claimed they charge more than what is charged by other states.
He claimed that the main problem with medical marijuana dispensaries in this state is price gouging. He added that he expected those prices to drop once adult-use sales began in the State and dispensaries faced more competition.
Jacobs believes that recreational sales will not begin until 2024 or 2025, as the licenses for adult use businesses aren’t expected to be issued until September next year.
Osienski was the sponsor of both bills that led to Delaware’s legalization of marijuana for adult use.
In April, Gov. John Carney, a Democrat who had refused to comment on the measure despite his long-standing opposition to the legalization of marijuana in general. He allowed the bills become law without signing them. John Carney (D) said that despite his feeling that legalization was “not a positive step”, he would not stop the reform.
Carney could have vetoed the two bills but they would still have passed both chambers , with enough votes to override his.
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Osienski, who was elected to two state legislatures in this year after his two measures were passed, gave advice earlier this year to legislators in other states that are promoting marijuana reform.
He said that in May, “the key was to keep working at it. See what other states did and what works for your state.”
He also encouraged legislators to meet 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.”
The job was completed after several years, but it took the governor several years, as he vetoed the legalization bill he had introduced in 2022. Osienski stated that this “really killed the progress we made on the regulation and taxation bills” during 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,” he added.
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 the patients who are most in need.”
The new bill HB 285 doesn’t deal with product production but will still give more patients access.
In March, the Delaware Senate approved a separate resolution that urged the state’s representatives in Congress to back legislation ending federal prohibition of cannabis.
Carney has vetoed an bill that was more specifically tailored. The bill would have clarified the fact that state law does not prohibit medical marijuana patients from purchasing, possessing, or transferring firearms.
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Photo by Mike Latimer.
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