Delaware Medical Marijuana Expansion Takes Effect As State Prepares For Adult-Use Market Launch

Delaware’s medical marijuana program is being significantly expanded under a new law that officially took effect on Monday.

The policy change removes limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors will be able to issue cannabis recommendations for any condition they see fit.

The new law will also allow patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation.

About a month after Gov. John Carney (D) signed the legislation from Rep. Ed Osienski (D), the law became effective as of July 1. This comes as regulators continue to take steps to launch the state’s recreational cannabis market.

Here are the key provisions of the medical cannabis expansion legislation, HB 285:

• The list of qualifying conditions for medical marijuana will be removed, allowing doctors to recommend cannabis for any condition that they believe patients could benefit from.

• Patients 65 or older will be able to self-certify their need for medical cannabis—without any need for a recommendation from a healthcare provider.

• Regulators will be authorized to issue medical cannabis cards with two- or three-year terms, instead of just the current one-year term.

• Patients diagnosed with a terminal illness, meanwhile, will be able to qualify for a card with an “indefinite” expiration date.

• The measure will provide patients with medical marijuana cards from other jurisdictions with the same privileges as registered in-state patients.

Check out the new updates coming July 1,2024! HB 285https://t.co/2yYESYv672

— The Office Of The Marijuana Commissioner (@DEOMC1ST) June 20, 2024

Meanwhile, on Thursday, Delaware lawmakers sent another bill to the governor that would let existing medical marijuana businesses in the state begin selling cannabis to adults, sending it to the governor.

The reform is meant to allow recreational sales to begin months earlier than planned, though critics say the legislation would give an unfair market advantage to larger, more dominant businesses already operating in multiple states.

Also last week, state lawmakers sent a bill to the governor that would enact state-level protections for banks that provide services to licensed marijuana businesses.

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That measure, from Osienski and Sen. Trey Pardee (D), is designed to clarify that banks, credit unions, armored car services and accounting services providers are not subject to state-level prosecution simply for working with cannabis businesses.

All of this comes as regulators are rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis market. The current timeline puts the launch of the market at March 2025, according to Delaware Marijuana Commissioner Robert Coupe.

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