Delaware could be entering a new era in increasing broader access to its regulated medical cannabis program as the launch of its recreational cannabis lingers.
The state Senate approved the bill, already approved by the House, that would work to significantly expand its medical cannabis program.
The bill, House Bill 285, from Rep. Ed Osienski (D) would usher in a number of changes to Delaware’s medical cannabis program if passed, like removing patient eligibility limitations set around qualifying health conditions. Rather, the bill would allow doctors in the state to issue a recommendation for a medical cannabis card for any condition.
The bill would also allow patients over 65 to self-certify for medical cannabis access, which would not require a doctor’s recommendation. Additionally, the bill would allow individuals with out-of-state medical cards or equivalent to use their medical authorization in Delaware just as an in-state medical card holder would.
The Senate Health & Social Services Committee approved the bill nearly two months after the legislation first cleared the House. The new update also comes as Delaware looks ahead to 2025, when it will launch adult-use cannabis sales.
Given the timing, it appears that the legislation is largely meant to uphold the state’s medical cannabis market as recreational sales begin in the state. Looking toward other states, it’s not uncommon for medical markets to gradually shrink as adult-use sales rise and become the status quo.
Sen. Sarah McBride (D) nodded to this aim, saying that current constraints in the law “would essentially result in the medical cannabis industry dying out,” adding that the changes contained in HB 285 “would essentially increase the pool of patients who might be able to access the medical cannabis industry.”
Paul Hyland, Delaware’s deputy cannabis commissioner, expressed similar sentiments, referencing the “lifecycle” of the medical cannabis program as the pending adult-use program lingers.
“We already see patient numbers declining rapidly,” Hyland said. “This bill is aimed to help the medical marijuana program survive more of the transition.”
Pointing specifically at the provision that would eliminate the list of qualifying conditions for patients to qualify for the program, Hyland said that the move “falls in line with many states” that have similarly expanded the scope beyond conditions like pain, multiple sclerosis and cancer.
“It’s more of a broad-based approach where if you’ve got a condition like restless leg syndrome, which might not be described in code, it could still be certified by a doctor,” he said, adding that the provision allowing seniors to self-certify allows access to the medical program without the added hassles of seeing a doctor or working through regulatory hurdles.
The bill would also authorize regulators to issue medical cannabis cards with two- or three-year terms, on top of the current one-year team. Terminal patients in the state would also qualify for a medical card with an “indefinite” expiration date.
Osienski also lead a pair of complementary recreational legalization and regulation bills that Gov. Jay Carney (D) allowed to pass and be made into law without his sign-off in 2023. Carney has made clear that he does not support recreational cannabis legalization and declined to comment on his intentions to allow the measures to pass at the time, though he indicated that lawmakers have spent “too much time” on the issue and that “it’s time to move on.”
The legalization bill revises state statute to legalize the possession, use, sharing and purchasing of up to one ounce of cannabis for adults over 21. Public cannabis consumption and cannabis cultivation would still be prohibited.
The regulation bill provides a basic framework to create a regulated adult-use cannabis program in Delaware, with the Division of Alcohol and Tobacco Enforcement acting as the responsible entity to regulate the market through a new Office of Marijuana Control Commissioner. Medical cannabis products will remain untaxed, while adult-use products will be subject to a 15% sales tax under the proposal.
