Delaware Bill Would Allow Physicians to Recommend Medical Marijuana for Any Condition, Allow Those 65+ to Self-Certify

Bipartisan legislation that would greatly expand the number of people eligible to become medical marijuana patients in Delaware has been filed in the state’s House of Representatives.

Delaware House Bill 285 was filed yesterday by State Representative Edward Osienski along with a bipartisan coalition of eight cosponsors. The measure has been assigned to the House Health & Human Development Committee.

The proposed law would amend the Delaware Medical Marijuana Act by removing the requirement that a patient have a debilitating medical condition to qualify for a registry identification card, instead allowing health-care providers to make the determination of whether a patient has a diagnosed medical condition for which the patient would receive therapeutic or palliative benefit from the use of medical marijuana.

In addition, the bill would “patients aged 65 and older to self-certify their qualification for a registry identification card without a written certification from a health-care provider.”

The bill authorizes the Department “to issue registry identification cards with 1-, 2-, or 3-year expiration dates. It also requires the issuance of a registry identification card with an indefinite expiration date where the qualifying patient has a terminal illness.”

Finally, the measure would allow individuals with out-of-state registry identification cards or equivalent certifications who would qualify for a registry identification card in Delaware “to use those cards or certifications for any purpose for which the person would be authorized to use a registry identification card issued under this chapter.”

Earlier this year Delaware became the 22nd state to legalize recreational marijuana for everyone 21 and older. Being a medical marijuana patient still has its benefits, however, including increased possession limits and being exempt from the state’s 15% marijuana excise tax.

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