Delaware Governor Signs Ryan’s Law Allowing Terminally Ill Patients to Use Medical Marijuana in Hospitals
- Delaware Governor Matt Meyer signed Senate Bill 226, allowing terminally ill patients with medical marijuana cards to use non-smokable and non-vape marijuana products in licensed acute care hospitals.
- The law requires hospitals to permit use unless medical professionals determine it interferes with care, and places responsibility for obtaining and administering marijuana on patients or designated caregivers.
- The legislation, modeled after California’s Ryan’s Law, includes liability protections for compliance and allows hospitals to suspend access if federal agencies take enforcement action.
- The law unanimously passed both legislative chambers and will take effect on May 21, 2027, following Delaware’s earlier medical marijuana legalization in 2011 and recreational legalization in 2023.
Delaware Governor Matt Meyer has signed into law a bill that will allow terminally ill patients to use medical marijuana in hospitals, making Delaware the latest state to adopt a version of Ryan’s Law.
Senate Bill 226, filed by State Senator Marie Pinkney (D), requires certain health care facilities to allow terminally ill patients who are registered medical marijuana cardholders to use marijuana while receiving care. The measure applies to licensed acute care hospitals and is limited to non-smokable and non-vape marijuana products.
The new law was approved unanimously by both chambers of the Legislature before being sent to Meyer. The Senate passed the measure in March by a 21 to 0 vote, followed by the House approving it 38 to 0.
Under the law, responsibility for obtaining, storing, administering and removing the marijuana will fall to the patient or a designated caregiver, not hospital staff. Hospitals will be required to adopt written policies and procedures governing its use.
The law includes exceptions for hospitals and medical providers. A facility may prohibit marijuana use if medical professionals determine it could interfere with a patient’s care or otherwise create a medical concern. Hospitals may 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 preventing compliance.
The measure also provides liability protections for those complying with the law, except in cases involving gross negligence, recklessness or intentional misconduct.
The legislation is modeled after California’s Ryan’s Law, which was enacted in 2021 to allow terminally ill patients to use medical marijuana in certain health care settings.
Delaware legalized medical marijuana in 2011, with the state’s first dispensary opening in 2015. Lawmakers legalized recreational marijuana in 2023, and adult-use sales launched earlier this year.
The new law is set to take effect on May 21, 2027.