HB285 - This Act amends the Delaware Medical Marijuana Act by removing the requirement that a patient have a debilitating medical condition to qualify for a registry identification card, instead allowing health-care providers to make the determination of whether a patient has a diagnosed medical condition for which the patient would receive therapeutic or palliative benefit from the use of medical marijuana. As a result, this Act removes the CBD-rich and compassionate use programs, which previously allowed for the use of marijuana for the treatment of conditions that otherwise did not qualify a patient for a registry identification card. This Act allows patients aged 65 and older to self-certify their qualification for a registry identification card without a written certification from a health-care provider. This Act authorizes the Department to issue registry identification cards with 1-, 2-, or 3-year expiration dates. It also requires the issuance of a registry identification card with an indefinite expiration date where the qualifying patient has a terminal illness. This Act allows individuals with out-of-state registry identification cards or equivalent certifications who would qualify for a registry identification card in this State to use those cards or certifications for any purpose for which the person would be authorized to use a registry identification card issued under this chapter.

Legislative Priorities

Ensure equitable access for seniors and patients!

Higher dose/package limits for medical cannabis products — many patients, especially chronic pain patients, need higher doses. In Michigan they have clear differentiated products between medical and adult-use which has kept that medical program working in parallel to adult-use. Here is the Michigan bulletin explaining infused product limits.

Remove conditions list — most medical cannabis states have removed or are working towards removing the conditions list and instead allowing the medical professionals to decide what conditions qualify for treatment. 

Allow for advertising — the medical cannabis program has severe limits on advertising which makes it difficult for Delaware residents to find and participate in the legal medical program. Many other states have improved the advertising rules to allow for responsible, age-gated advertising for medical cannabis. Advertising would apply to the specific companies and their locations and would NOT include advertising for specific products or deals.

Establish reciprocity with out of state medical cannabis programs — medical cannabis patients cannot legally take their medicine out of state. Allowing out of state patients to use medical cards in Delaware compassion centers would help patients maintain access while traveling or vacationing at the beaches over the summer.

Revise annual renewals for patient cards from every year to every 3-5 years

Authorize medical patients to grow up to 6 plants at their home — “Home Grow” is legal in more than 16 states. Home growing can provide convenience for patients who have difficulty traveling to dispensaries, especially if they live in remote areas or have mobility issues. Patients can also avoid the hassle of registering with the state database or obtaining a medical cannabis card, if they grow within the legal limits. This will help to ensure the supply of medicine as the State transitions to adult-use.

Improve operational conditions to reduce the cost of medicine and ensure consistent and safe products remain in the market

Ensure analytical lab testing standards (such as microbiology limits < 400 cfu/g) remain consistent between medical and adult use – consumers should expect the same level of product safety across markets.

Allow for conversion from non-profit to the entity of choice—The requirement for non-profit status is antiquated and serves no meaningful purpose for patient safety or access.

Revise Delaware tax law to align with legalizing cannabis and remove 26 U.S. Code § 280E at the state level— Section 280E states that no expenditures in connection with the sale of illegal drugs can be deducted normally. Since Delaware has legalized cannabis for all adults, it would be appropriate to remove the state level 280E burden.