Delaware Legislature Moves 4 Marijuana Bills

The Delaware Legislature has moved four (4) marijuana bills during the last weeks of the 2019 legislative session. The hope of legalizing adult use marijuana in Delaware ahead of the June 30th closing date has faded. However, the state legislature has made progress on bills that expand the medical marijuana program and decriminalizes the possession, consumption, and use of marijuana by juveniles.

Details on the four marijuana bills are provided below.

• SB 170 – CBD-Rich Card The bill was introduced on June 19, 2019, and creates a new medical marijuana card that allows patients suffering from anxiety to obtain products containing elevated levels of CBD or CBD and THC. The patient’s doctor must provide a written certification recommending medical marijuana for the anxiety or any other condition approved by the state.

• Senate Substitute 1 for SB 24 – Compassionate Use Card The bill broadens access to medical marijuana by allowing a patient or a designated caregiver for an adult or pediatric patient to obtain a compassionate use card for a severe and debilitating condition after presenting a signed statement from a physician indicating that there is no other effective treatment available.

• HB 243 -The Delaware Patient Right to Grow Act- The bill was introduced on June 20, 2019, and permits the home cultivation of marijuana for personal use. Under the legislation, patients may grow and possess up to six flowering plants and six non-flowering plants. The patient or caregiver must tag the plants and report seed-to-sale information to the state on a monthly basis. Landlords and Homeowner Associations may prohibit the cultivation of marijuana authorized under the Act.

• SB 45 – Civil Penalties for Juvenile Use of Marijuana The bill decriminalizes the possession, use or consumption of marijuana by juveniles. The bill makes it a civil violation for juveniles to possess, use or consume marijuana.