DOVER, Del. - A bill introduced Jan. 15 would allow terminally ill patients to use medical marijuana while receiving care at health care facilities, according to its sponsors.
The measure, introduced by Rep. Pinkney, would require facilities to permit patients with a valid medical marijuana registry identification card to use medical marijuana on site, the bill states. Sen. Hoffner and Reps. Minor-Brown and Kamela Smith are additional sponsors, with Reps. Morrison and Osienski listed as co-sponsors.
According to the bill’s synopsis, the allowance would apply only to patients who have been diagnosed with a terminal illness. The legislation also outlines circumstances under which facilities could prohibit or suspend use.
The bill says a facility could restrict medical marijuana use if medical professionals determine it could negatively affect a patient’s care or is otherwise medically inappropriate. It also states facilities could prohibit use if a federal agency, including the U.S. Department of Justice or the Centers for Medicare and Medicaid Services, takes enforcement action or issues guidance barring medical marijuana use at health care facilities.
The legislation further states that individuals who comply with the law would not face civil or criminal penalties or professional discipline. The bill specifies that this protection would not apply in cases of gross negligence, recklessness or intentional misconduct.
According to the bill’s sponsors, the proposal is modeled after a California law passed in 2021 known as Ryan’s Law.