Delaware Expands Medical Cannabis Access, Grants Physicians Discretion For Recommendations, Opens Dispensaries To Out-Of-State Patients

Governor John Carney (D) signed HB 285 into law, expanding medical cannabis access in Delaware. The new legislation, effective immediately, allows physicians to recommend medical cannabis to any patient who might benefit, without the need for a state-specific qualifying condition. Additionally, individuals aged 65 and older can self-certify for a medical cannabis registration card without a doctor’s recommendation.

Expanded Physician Discretion And Interstate Access

The new law grants physicians the discretion to recommend medical cannabis to any patient who may benefit from it, irrespective of state-specific qualifying conditions. 

Furthermore, this law also grants state-registered patients from other states access to Delaware dispensaries. This move aligns with Delaware’s ongoing efforts to improve cannabis accessibility and reflects a growing trend toward more inclusive medical cannabis policies.

Addressing Gaps In Medical Cannabis Access

Paul Armentano, deputy director of NORML, advocated for the measure, emphasizing the restrictive nature of the previous qualifying condition list. “Physicians in Delaware are limited to recommending medical cannabis solely to those patients who possess one of a limited number of state-specific qualifying medical conditions,” Armentano stated.

Armentano highlighted that conditions like fibromyalgia and Tourette Syndrome were excluded from the list, limiting patient access. He stressed the importance of allowing medical decisions to be made between patients and their doctors rather than by government mandates.

Delaware’s Stance On Cannabis

The state’s Medical Marijuana Program, established in 2011, currently serves around 29,000 patients through 12 retail dispensaries, according to the Delaware Department of Health and Social Services. The Office of the Marijuana Commissioner 2023 annual report shows medical cannabis sales in Delaware exceeded $53.8 million in 2023.

In March, State Rep. Ed Osienski (D) introduced House Bill 355 to protect financial institutions providing services to cannabis businesses. This bill aims to ensure that banks, credit unions, and other financial service providers are not prosecuted under state law for working with licensed cannabis businesses. 

The state’s progressive stance on cannabis is further demonstrated by last year’s legislation of adult-use cannabis possession and retail sales. However, state-licensed retailers are not expected to be operational until spring 2025.

Read also: Five Years Later, Young Man Diagnosed With Stage 4 Brain Cancer Shares How Cannabis Helped His Recovery And What The Best Medicine Really Is

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