DelawareSB 226153rd General Assembly (2024–2026)Senate

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

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Children get marijuana oil with school limits

Beginning one year after enactment, registered caregivers can give medical marijuana oil to eligible minor patients at school. This covers the child's school bus and the grounds or property of the school where the child is enrolled. A school nurse or other employee can serve as caregiver only for their own child or legal ward. A parent or guardian acting as caregiver must carry no more than the prescribed daily doses, kept on their person. This exception applies only in Delaware. Outside the law's exceptions, medical marijuana possession and use remain prohibited on school buses and preschool, primary, and secondary school grounds.

Terminally ill patients get limited marijuana access

Ryan's Law takes effect one year after enactment. Delaware health care and treatment facilities licensed under Chapter 10 or 11 must allow medical marijuana for terminally ill cardholders. Patients must provide a copy of their registry card, and marijuana use must appear in their medical records. Smoking and vaping are banned. Patients or designated caregivers must acquire, retrieve, administer, and remove the marijuana. It must stay in a locked container in the patient's room, another designated area, or with the caregiver. Facility staff cannot administer or retrieve it, except for disposal under facility policy. Patients or caregivers must remove it at discharge; otherwise, the facility must keep it locked until disposal. Facilities must develop and share written policies for use and handling. Medical professionals can block use when it conflicts with treatment or could harm care. Facilities can suspend use after specified federal enforcement, funding threats, rules, guidance, or regulatory inquiries until notified that use can resume. The requirements exclude facilities outside Delaware, emergency medical services, and emergency-department patients receiving or awaiting those services. Good-faith compliance protects people from civil or criminal liability and professional discipline, except for gross negligence, recklessness, or intentional misconduct. Compliance cannot be required for facility licensing or renewal. Outside the law's exceptions, possession or use is prohibited in correctional facilities and facilities operated or funded by Delaware's health department. The law also bars driving, flying, or boating under the influence and professional work under the influence that risks negligence or malpractice. Use without a qualifying condition and transfers to unauthorized people are prohibited.

Sponsors & Cosponsors

Sponsor

  • Marie Pinkney

    Democratic • Senate

Cosponsors

  • Daniel Cruce

    Democratic • Senate

  • Stephanie L. Hansen

    Democratic • Senate

  • Kerri Evelyn Harris

    Democratic • House

  • Kyra L. Hoffner

    Democratic • Senate

  • Russell Huxtable

    Democratic • Senate

  • Kendra Johnson

    Democratic • House

  • Kamela T Smith

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Melissa Minor-Brown

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Nicole Poore

    Democratic • Senate

  • Melanie Ross Levin

    Democratic • House

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Laura V. Sturgeon

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

House vote • 4/16/2026

Passed (SM required)

Yes: 38 • No: 0

Senate vote • 3/12/2026

Passed (SM required)

Yes: 21 • No: 0

Actions Timeline

  1. Signed by Governor

    5/21/2026Governor
  2. Passed By House. Votes: 38 YES 3 ABSENT

    4/16/2026House
  3. Reported Out of Committee (Health & Human Development) in House with 3 Favorable, 6 On Its Merits

    3/25/2026House
  4. Assigned to Health & Human Development Committee in House

    3/17/2026House
  5. Passed By Senate. Votes: 21 YES

    3/12/2026Senate
  6. Amendment SA 1 to SB 226 - Passed By Senate. Votes: 21 YES

    3/12/2026Senate
  7. Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 3 On Its Merits

    3/11/2026Senate
  8. Amendment SA 1 to SB 226 - Introduced and Placed With Bill

    3/10/2026Senate
  9. Introduced and Assigned to Health & Social Services Committee in Senate

    1/15/2026Senate

Bill Text

  • Current

    1/15/2026

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