Delaware is one step closer to becoming the 16th state to legalize the use of marijuana for medicinal purposes. After being amended in the House, the legislation passed that chamber and is headed back to the Senate.
The legislation would establish a network of what supporters call “compassion centers” that would handle the growing and distribution of marijuana for medical purposes. Initially one center would be set up in each of Delaware’s three counties. A patient would have to provide a doctor’s certification indicating how marijuana would benefit the patient and what other alternatives have been tried. The state would issue a special ID card to the patient, who could qualify for up to six ounces of marijuana a month to be used to treat a condition.
The bill originated in the Senate, which passed the measure March 31st. In the House Thursday, lawmakers heard mainly anecdotal testimony from people who said nothing else could relieve their pain or nausea for illnesses and conditions including cancer, multiple sclerosis, chronic back pain and more. Members of the law enforcement community expressed concern that allowing the medical use of marijuana sets a poor example for children and would make the job of law enforcement more difficult. Other opponents cited studies which said marijuana use could serve as a “gateway drug” for abuse of other drugs.
“Whether you are diagnosed with cancer, whether you are diagnosed with MS, you must have tried other drugs,” said State Representative Helene Keeley (D-Wilmington), the House sponsor of the legislation. “Those drugs prescribed to the patient must have failed, or they have a deteriorating side effect.”
61-year old Don Brill of north Wilmington said he was advised by medical professionals that medical use of marijuana could help him deal with the potential side effects of stomach cancer he was battling. Having never needed it, Brill now advocates for others in his position, or facing more dire circumstances.
“What if I had needed to use marijuana to help me survive?” Brill asked lawmakers. “We would have preferred to have a legal, controlled method for acquiring marijuana.”
To this day Brill maintains the website, delawareansformedicalmarijuana.org.
Two amendments won approval to become part of the legislation – both sponsored by Representative John Atkins (D-Millsboro). One seeks to ensure that “sealed, tamper-proof” packaging would be mandated under the legislation, rather than await the regulations. Atkins also successfully sponsored an amendment to specifically ban patients from smoking marijuana in a motor vehicle, even if it is being driven by someone else on the way home from a compassion center.
Other amendments failed, including one sponsored by State Representative Deborah Hudson (R-Fairthorne), which would have imposed a two-dollar fee per ounce to cover something she said, was “not a core responsibility of the state.” Hudson felt the cost was warranted to fund the additional responsibilities of Health and Social Services as well as law enforcement in Delaware.
The House also revisited the question of the legal age for obtaining medical marijuana. The Senate reduced the original restriction of 21 years of age or older to 18. Representative Donald Blakey (R-Dover South) unsuccessfully sought to amend the bill to allow people under age 18 to qualify for medical marijuana, saying that disease does not discriminate.
House Minority Leader Greg Lavelle (R-Sharpley) attempted to pass an amendment to sunset the program after four years, saying Delaware was taking a step toward something “well outside of established drug approvals.”
Applause broke out in the House chamber when the final House vote was taken: 27 in favor, 14 against.
Amended Medical Marijuana bill passes the State House of Representatives
State Representative Helene M. Keeley (D-Wilmington South), speaking on the floor of the House, describes provisions in the medical marijuana bill designed to prevent “doctor shopping.”
Don Brill of North Wilmington, a cancer patient who researched medical marijuana but never needed to use it, tells House lawmakers why he supports legalized medical marijuana.
State Representative Helene M. Keeley (D-Wilmington South) tells DFM News why she supports legalized medical marijuana.
Don Brill of North Wilmington explains why he supports the bill.
Marijuana Policy Project Legislative Director Noah Mamber discusses what happens next with Delaware’s medical marijuana bill.
“It’s a great day for the patients of Delaware,” said Noah Mamber of the Marijuana Policy Project, who has been providing guidance and counsel to the Senate and House sponsors of the bill. Mamber says the amendments were “not ideal, but no matter what it’s an amazing bill.”
The amended bill goes back to the Senate for consideration. Mamber says the Delaware Department of Health and Social Services will have up to a year to develop the regulations, followed by licensing of the first compassion centers.
Brill, meanwhile, is still within the five-year window in which his cancer could reoccur, potentially leaving him facing dire medical choices.
“I think there are a lot of people out there who have used marijuana, they just can’t tell anyone,” Brill said. “Now, at least they’ll have a legal source, or at least a source where the state won’t prosecute them.”
“It’s for the patients,” Keeley said. “They have tried everything. And, they’re still in pain.”
