Delaware has enacted new legislation that will allow terminally ill patients to access medical marijuana while receiving care at healthcare facilities throughout the state.
The newly passed measure requires healthcare facilities to permit patients with terminal illnesses who hold valid medical marijuana registry cards to consume cannabis on facility grounds. The law establishes specific guidelines and limitations for this access.
Healthcare facilities retain the authority to restrict or halt medical marijuana use in certain situations. These include instances where medical professionals determine that cannabis consumption could negatively affect patient care or treatment, or when such use is medically inadvisable.
The legislation also includes provisions related to federal oversight. Facilities may prohibit medical marijuana use if federal agencies such as the United States Department of Justice or the Centers for Medicare and Medicaid Services take enforcement action against the facility due to cannabis use on premises, or if these agencies issue rules or guidance banning marijuana use at healthcare locations.
The new law provides legal protections for individuals who follow its requirements, shielding them from civil or criminal penalties and professional sanctions. These protections do not apply in cases involving gross negligence, recklessness, or intentional misconduct.
Delaware’s legislation draws inspiration from a 2021 California statute referred to as “Ryan’s Law.”
