AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.
What changed between versions
The scope was broadened from SA 1's limitation to 'a general hospital licensed pursuant to paragraph 1001(b)(1)' back to the original broader definition of 'health care facility' meaning any health care or treatment facility licensed under Chapter 10 or Chapter 11 of Title 16.
New Section 2 (4904A) requires health care facilities to permit medical marijuana use by terminally ill cardholders and mandates specific safeguards: presenting registry ID, recording use in medical records, prohibiting smoking/vaping, requiring patient or caregiver to handle acquisition and administration, secure locked storage, removal at discharge, and written facility policies.
SA 1 had added a requirement that a patient or caregiver notify the patient's attending physician of medical marijuana use. This specific notification requirement was removed in the final bill text (though recording use in medical records is still required).
A school exception allows a designated caregiver to possess and administer medical marijuana oil to a minor qualifying patient on a school bus or school grounds, with restrictions that the caregiver cannot be a school employee unless they are the parent or legal guardian of the patient.
Health care facilities may prohibit use if their medical professionals determine it may adversely impact treatment or is contraindicated, and may suspend use if a federal regulatory agency, US DOJ, or CMS initiates enforcement action or issues guidance prohibiting medical marijuana in health care facilities.
A good faith protection clause shields persons from civil liability, criminal liability, and professional discipline (including censure, suspension, loss of license) for complying with the health care facility provisions, except in cases of gross negligence, recklessness, or intentional misconduct.
The Act takes effect 1 year after enactment into law.
The bill is designated as 'Ryan's Law' and is noted as being modeled on a 2021 California law of the same name.