DOVER, Del. - Gov. Matt Meyer signed legislation establishing a state framework to license and regulate harm reduction programs in Delaware on Oct. 1.
Senate Bill 249 creates a regulatory framework for substance use harm reduction programs through the Delaware Division of Substance Abuse and Mental Health. The legislation also changes the state’s definition of drug paraphernalia and decriminalizes possession of paraphernalia for personal drug use, while maintaining prohibitions related to drug manufacturing, distribution and certain sales.
Meyer signed the legislation alongside Executive Order 28, which directs the Delaware Department of Health and Social Services to develop regulations and implement the new framework in phases. The governor's office said this requires the department to use medically informed regulations, establish measurable outcomes and continuously evaluate the programs to determine if they meet intended public health goals.
“Evidence-based harm reduction saves lives and can be an important pathway to treatment and recovery,” said Governor Matt Meyer. “We also have a responsibility to ensure public safety and the health of our most vulnerable. By signing this bill alongside an executive order establishing strong, medically informed standards, we can expand what works, measure the results and make adjustments when the evidence tells us they are needed.”
The governor's office said Delaware has already made significant progress in reducing overdose deaths. The office said accidental drug intoxication deaths decreased from 527 in 2023 to 314 in 2025. The administration said its approach is designed to build on the progress while also responding to a changing drug supply.
Under the executive order, DHSS will initially prioritize existing syringe services and other harm reduction measures the administration says have an established evidence base. Those services include naloxone distribution, infectious disease screening, drug-checking supplies, wound care, overdose education and safe disposal of supplies.
Additional safeguards would apply to services where evidence is still developing. Any later expansion of state funding for those supplies would require a written determination from the DHSS secretary that an earlier phase produced positive public health outcomes without significant unintended harm.
The department must report its findings to the governor within 12 months after regulations take effect and at least once annually afterward. According to the executive order, the findings will be released publicly in de-identified form and include recommendations on whether programs should continue, change or expand.
