Delaware Medical Marijuana Update
May 31, 2016
This month, Delaware’s General Assembly introduced a bipartisan bill to expand the list of qualifying conditions under Delaware’s Medical Marijuana Act. House Bill (HB) 400, builds upon legislation passed last year, known as “Riley’s Law,” which gave minors in Delaware access to marijuana oil (known as cannabidiol oil) for treatment of certain medical conditions. [1]
The new bill, sponsored by State Rep. Paul S. Baumbach, D-Newark, expands upon Riley’s Law by classifying pain, anxiety, or depression, if related to a terminal illness, as a qualifying condition under the Act for patients under the age of 18. The bill also classifies terminal illness in adults as a qualifying condition. The bill defines “terminal illness” as any disease, illness or condition for which the patient is unlikely to survive beyond one year, regardless of medical treatment provided.
The steady expansion of Delaware’s Medical Marijuana Program is evident this year. In addition to the above bill, the Delaware Division of Public Health is currently reviewing proposals for two additional medical marijuana dispensaries (known as compassion centers), which will located in Kent and Sussex County. A decision is expected in August 2016.
[1] The Act gives minors access to cannabidiol oil for the treatment of intractable epilepsy; or a chronic or debilitating disease or medical condition where the patient has failed treatment involving one or more of the following symptoms; cachexia or wasting syndrome; intractable nausea; severe, painful and persistent muscle spasms. 10 Del. C. § 4909A.
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, or Daniel Clearfield at dclearfield@eckertseamans.com, Robert Hoffman at rhoffman@eckertseamans.com or any member of our Regulated Substances Group.