SB 226 Delaware Senate · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.

Summary
This Act provides that health care facilities must permit patients who have been issued and possess a valid registry identification card for the medical use of marijuana and have a terminal illness to use medical marijuana on the health care facilities’ premises, subject to certain restrictions. However, a health care facility may prohibit or suspend such use of medical marijuana under some circumstances, such as if the facility's medical professionals determine that use of medical marijuana may have an adverse impact on the medical care and treatment of the patient or is otherwise contraindicated, or if a federal regulatory agency, the United States Department of Justice, or the Centers for Medicare and Medicaid Services initiates an enforcement action against a health care facility based on the use of medical marijuana on the facility's premises or issues a rule or guidance prohibiting the use of medical marijuana at health care facilities. In addition, the Act provides that a person is not subject to civil or criminal liability or professional discipline for complying with the Act, except in cases of gross negligence, recklessness, or intentional misconduct. This Act is modeled on a 2021 California law known as "Ryan's Law."
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Apr 2026
Signed into Law
May 2026
Introduced Jan 15, 2026 Signed May 21, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 1 to SB 226 Bill Text · 8 edits
MODERATE
The bill transitioned from a narrow Senate Amendment (SA 1) that would have limited medical marijuana access to general hospitals only, to the final enacted text that applies to all licensed health care and treatment facilities. The final version adds an entirely new limitations section requiring health care facilities to permit terminally ill patients with valid registry cards to use medical marijuana on premises, subject to detailed safeguards, while including federal regulatory safety valves that allow facilities to suspend compliance if federal agencies take action. The bill is named 'Ryan's Law' after a similar 2021 California statute.
Scope change
Expanded from SA 1's narrow limitation to general hospitals only, back to all licensed health care and treatment facilities under Chapters 10 and 11 of Title 16, while adding detailed conditions and exceptions that effectively create a mandatory right for terminally ill patients to use medical marijuana in these facilities.
SCOPE

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.

REQUIREMENT

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).

ELIGIBILITY

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.

ENFORCEMENT

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.

TIMELINE

The Act takes effect 1 year after enactment into law.

TECHNICAL

The bill is designated as 'Ryan's Law' and is noted as being modeled on a 2021 California law of the same name.

Floor votes · Senate Mar 12, 2026 · House Apr 16, 2026

How they voted

210
Passed
Total votes 21
Mar 12, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
6
Committee
2
Amendments
2
May 21, 2026
Signed into law
Signed by Governor
executive
Apr 16, 2026
Lower · Passed
Passed By House. Votes: 38 YES 3 ABSENT
lower
Mar 25, 2026
Lower · Passed
Reported Out of Committee (Health & Human Development) in House with 3 Favorable, 6 On Its Merits
lower
Mar 17, 2026
Introduced
Assigned to Health & Human Development Committee in House
lower
Mar 12, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
Mar 12, 2026
Upper · Passed
Amendment SA 1 to SB 226 - Passed By Senate. Votes: 21 YES
upper
Mar 11, 2026
Upper · Passed
Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 3 On Its Merits
upper
Mar 10, 2026
Introduced
Amendment SA 1 to SB 226 - Introduced and Placed With Bill
upper
Jan 15, 2026
Introduced
Introduced and Assigned to Health & Social Services Committee in Senate
upper
14 primary · 0 co-sponsors

Sponsors