Delaware Lawmakers Consider Bill To Allow Medical Marijuana Use In Hospitals By Terminally Ill Patients

Delaware lawmakers are considering legislation that would allow terminally ill patients to use medical cannabis in hospitals and other healthcare facilities. The Senate Health & Social Services Committee held a hearing on the bill, sponsored by Sen. Marie Pinkney (D), on Wednesday.

Pinkney, who chairs the panel that approved the measure, said it “basically says that terminally ill patients…have the ability to bring in their medical cannabis that they are already using at home, and they are responsible for storing it.”

Under SB 226, patients and their caregivers would be responsible for acquiring and administering medical marijuana, and it would need to be stored securely at all times in a locked container.

Smoking or vaping of medical cannabis would be prohibited, so patients would need to consume it via other methods.

Healthcare facility officials would need to see a copy of patients’ state medical marijuana registry ID cards, and they would be required to note their use of the drug in medical records. They would also need to “develop and disseminate written policies and procedures for the use of medical marijuana within the health care facility.”

Facilities would be able to prohibit medical marijuana use if they determine that such use would have an “adverse impact on the medical care and treatment of the patient or is otherwise contraindicated.”

They would also be able to suspend permission to use cannabis if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule, guidance, or otherwise provides notification to health care facilities that expressly prohibits the use of medical marijuana in health care facilities.”

The right to use medical cannabis under the bill would not apply to patients who are in the emergency department.

In response to another senator’s concern, Pinkney agreed to hold the legislation for a vote until after she speaks with the Medical Society of Delaware about its stance on the proposal.

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