Delaware bill introduced to expand number of medical conditions to be treated with medical marijuana
March 30, 2017
Earlier this month, Delaware State Senator Margaret Rose Henry (D-Wilmington) sponsored a bill to amend Delaware’s Medical Marijuana Act and expand the list of debilitating medical conditions that may be treated with medical marijuana. Medical marijuana was legalized in Delaware in 2011, but its first dispensary (known as a compassion center) did not open until June 2015. Two additional compassion centers are set to open in 2017.
Under Delaware law, medical marijuana may only be administered to treat specific debilitating medical conditions. Presently, “debilitating medical condition” is defined as:
- terminal illness, cancer, positive status for HIV, acquired immune deficiency syndrome, decompensated cirrhosis, amyotrophic lateral sclerosis, agitation of Alzheimer’s disease, post-traumatic stress disorder (PTSD), intractable epilepsy, seizure disorder, or the treatment of these conditions; or
- a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; severe or persistent muscle spasms, including those characteristic of multiple sclerosis.
On March, 16, 2017, Sen. Henry introduced Senate Bill No. 24, which adds to the list of debilitating conditions: Debilitating anxiety, including generalized anxiety disorder, panic disorder, obsessive-compulsive disorder, and social anxiety. Furthermore, the bill removes the current restriction that patients seeking medical marijuana for PSTD must be approved by a licensed psychiatrist, as opposed to a licensed physician, which is required for other medical conditions.
Delaware is not the only state expanding its medical marijuana program to encompass more medical conditions. Last month, a Connecticut legislative committee approved the addition of six (6) medical conditions that may be treated with medical marijuana. Similarly, Georgia added six (6) new diagnoses to its list of qualifying conditions, including autism, AIDS, Tourette’s syndrome, and Alzheimer’s disease.
The Regulated Substances Blog is intended to keep readers current on developments regarding medical cannabis legalization and regulation and is not intended to be legal advice. If you have any questions, please contact the author Peter Murphy at pmurphy@eckertseamans.com. You may also contact Daniel Clearfield at dclearfield@eckertseamans.com, Robert Hoffman at rhoffman@eckertseamans.com, or any other member of our Regulated Substances Group.