Delaware Bill Would Let Terminally Ill Patients Use Cannabis in Hospitals

Delaware legislators moved forward Wednesday with a bill that would permit terminally ill patients to use medical cannabis while receiving care in hospitals and other healthcare facilities.

The Senate Health & Social Services Committee approved the measure sponsored by Sen. Marie Pinkney (R), who chairs the panel. "This basically says that terminally ill patients should have access to their medical marijuana while they're in a healthcare facility," Pinkney said during the hearing.

The legislation addresses a gap in Delaware's medical marijuana program, which has operated since 2011 but doesn't currently allow patients to consume cannabis in hospitals, nursing homes, or hospice facilities—even when they hold valid medical cannabis cards. That restriction has forced some end-of-life patients to choose between their prescribed cannabis treatments and receiving care in medical facilities.

The Policy Details

Under the proposed bill, healthcare facilities would be required to allow terminally ill patients to use medical cannabis products if they're registered in the state's medical marijuana program. Facilities would maintain the right to establish specific policies around consumption methods and designated areas, but couldn't impose blanket bans on medical cannabis use.

The measure includes protections for healthcare workers and facilities, stipulating that staff members wouldn't be required to handle or administer cannabis products. It also clarifies that facilities won't face federal funding penalties for allowing patient consumption under state law.

Delaware currently has approximately 8,000 registered medical marijuana patients. Terminal illness qualifies as a debilitating condition under the state's program, alongside conditions like cancer, HIV/AIDS, and chronic pain.

Growing Movement for End-of-Life Access

The Delaware proposal reflects a broader trend among medical marijuana states. Similar bills have advanced in Pennsylvania, New York, and Illinois over the past two years, driven by advocacy from hospice workers and patient families who've encountered the restriction.

"We've seen families forced to take their loved ones out of hospice care just so they can use the medicine that helps with their symptoms," said one advocate who testified at Wednesday's hearing. "That shouldn't be a choice anyone has to make."

The American Nurses Association and several state medical associations have supported comparable legislation in other states, noting that cannabis can provide relief from pain, nausea, and anxiety in terminally ill patients when other medications prove ineffective or cause unwanted side effects.

What Happens Next

The bill now heads to the full Senate for consideration. If it passes there, it would move to the House of Representatives before reaching Gov. John Carney's desk.

Carney, a Democrat, has shown mixed support for cannabis policy reforms during his tenure. He signed legislation in 2022 that expanded Delaware's medical marijuana program but has expressed concerns about broader adult-use legalization efforts.

The legislative session continues through June 30, giving lawmakers several months to debate the measure. Pinkney said she expects the bill to receive a floor vote within the next few weeks.

Delaware operates four licensed medical marijuana dispensaries statewide, with a fifth location approved for development in Kent County. The state's program generated $23 million in sales during 2023.

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This article is based on original reporting by www.marijuanamoment.net.