A Delaware bill that would allow terminally ill patients to use medical marijuana in hospitals has cleared the House Health & Human Development Committee, moving it one step closer to a vote by the full House. The measure, Senate Bill 226, previously passed the Senate on March 12 by a unanimous 21 to 0 vote and is now officially out of committee in the House as of March 25.
Known as Ryan’s Law, the proposal would require health care facilities to allow the medical use of marijuana by cardholding patients with a terminal illness, subject to multiple restrictions laid out in the legislation. Under the bill text, smoking and vaping would remain prohibited, and the patient or their designated caregiver would be responsible for acquiring, storing, administering and removing the marijuana. The measure also says facilities must develop written policies and procedures governing its use on site.
The bill includes several carveouts for hospitals and other facilities. A health care facility could still prohibit use if its medical professionals determine marijuana may negatively affect a patient’s care or is otherwise contraindicated. Facilities could also suspend access if federal regulators, the U.S. Department of Justice, or the Centers for Medicare and Medicaid Services take enforcement action or issue guidance barring compliance. The legislation further provides liability protections for those who comply in good faith, except in cases involving gross negligence, recklessness or intentional misconduct.
A Senate amendment approved before final passage narrowed the bill’s scope to licensed acute care hospitals and clarified that either the patient or caregiver must notify the attending physician about the patient’s marijuana use. According to the Delaware General Assembly’s bill page, SB 226 is now on the House Ready List after being voted out of committee.
The legislation is set to take effect one year after being enacted into law.
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