Delaware’s full House of Representatives passed legislation on Thursday that would enhance patient access to medical marijuana, including allowing physicians to recommend the medicine for any condition they deem appropriate.
Sponsored by State Representative Ed Osienski, House Bill 285 would make several changes to the way medical marijuana cards are issued, and it removes barriers that prevent patients from accessing medical marijuana in Delaware.
“Following our successful passage of the Delaware Marijuana Control Act last year, establishing a framework for the legalization and regulation of recreational marijuana use in our state, we have actively engaged with and taken feedback from medical marijuana patients. Drawing from their insights, we identified numerous ways to improve our medical marijuana program,” said Rep. Ed Osienski.
“HB 285 recognizes the need to remove outdated restrictions and breaks down the barriers that hinder patients who could truly benefit from improved access to medical marijuana.”
HB285 removes the requirement that a patient must have a debilitating medical condition to qualify for a registry identification card. Instead, health care providers would determine if a patient has a diagnosed medical condition that would benefit therapeutically or palliatively from the use of medical marijuana.
The bill would modify the process of issuing medical marijuana registry identification cards which aid in the acquisition, delivery, possession, and transfer of marijuana. These cards are authorized documents granted to eligible adult patients, registered designated caregivers assisting adult patients, or registered designated caregivers for pediatric patients.
“With the full legalization of adult-use recreational cannabis last year, Rep. Osienski, Sen. Trey Paradee and I agree that it is time to update our medical marijuana law and make it easier for the people who rely on these products to get the therapy that they need,” said Sen. Kyra Hoffner, the Senate prime sponsor of HB 285.
“These changes will empower patients and their healthcare providers to make decisions about the treatments that best fit their needs and make those treatments more readily accessible for our neighbors with the greatest need. I look forward to working with my Senate colleagues to send this legislation to the Governor’s desk.”
This bill would also allow for flexible expiration dates on registry identification cards, enabling either one-, two-, or three-year expiration dates. In the cases where a qualifying patient has a terminal illness, this bill will allow for an identification card to be issued with an indefinite expiration date. Patients 65 and older can self-certify their qualifications for a registry identification card without written certification from a health-care provider.
Additionally, the bill would enable individuals with a medical card or similar certification from another US state or territory to use it in Delaware, just as if they would have a Delaware-issued medical card.
HB285 now heads to the Senate for consideration.
