Delaware Bill to Allow Terminally Ill Patients to Use Medical Marijuana in Hospitals Passes Legislature, Heads to Governor
- Delaware's House unanimously passed Senate Bill 226, known as Ryan’s Law, allowing terminally ill patients to use medical marijuana in hospitals; the bill now goes to Governor Matt Meyer.
- The law requires certain licensed acute care hospitals to permit medical marijuana use by terminally ill, registered medical marijuana cardholders, specifically allowing non-smokable, non-vape products during care.
- Responsibility for obtaining, storing, administering, and removing medical marijuana would fall to the patient or their designated caregiver, with hospitals required to establish written policies for its use.
- The bill includes exceptions and liability protections, allowing hospitals to prohibit marijuana use if it interferes with treatment or federal enforcement actions occur, and would take effect one year after signing.
A Delaware bill that would allow terminally ill patients to use medical marijuana in hospitals was passed by the full House in a unanimous 38 to 0 vote. Having already passed the Senate, it will now be sent to Governor Matt Meyer.
Senate Bill 226, known as Ryan’s Law, would require certain health care facilities to allow the medical use of marijuana by terminally ill patients who are registered medical marijuana cardholders. The proposal had already cleared the Senate in March by a 21 to 0 vote.
The bill would apply specifically to licensed acute care hospitals and would allow terminally ill medical marijuana patients to use non-smokable, non-vape products while receiving care. Under the proposal, responsibility for obtaining, storing, administering and removing the marijuana would fall to the patient or a designated caregiver, not hospital staff. Hospitals would also be required to adopt written policies and procedures governing its use.
The legislation includes several exceptions and liability protections. Hospitals could still prohibit marijuana use if medical professionals determine it could interfere with a patient’s treatment or otherwise pose a medical concern. A facility could also suspend access if federal agencies, the U.S. Department of Justice, or the Centers for Medicare and Medicaid Services take enforcement action or issue guidance that would prevent compliance.
If signed into law, the measure would take effect one year after enactment.