Delaware General Assembly Passes Bills Related to the Personal Use of Marijuana

On April 26, 2023, the State of Delaware 152nd General Assembly passed House Bill 1 and House Bill 2 regarding the personal use of marijuana. House Bill 1 removes all penalties for the use and possession of marijuana. House Bill 2 revises provisions in the Delaware Code and creates the Delaware Marijuana Control Act which addresses the production, manufacture, sale, possession, storage, and consumption of personal use marijuana. The sale, distribution, or transfer of marijuana to individuals under the age of 21 remains illegal. These recent changes do not change any rights or privileges afforded to a medical marijuana patient, primary care giver or medical marijuana center under the Delaware Medical Marijuana Act . On the Federal level, marijuana remains a Schedule 1 drug for research purposes only and personal use continues to be illegal.

Currently, the DCNP has no formal position on the recreational or personal use of marijuana and continues to support the AANP Position Statement on the therapeutic use of marijuana. The DCNP encourages its members and all nurse practitioners practicing in Delaware to be informed of their practice obligations by reviewing Title 24, Chapter 19 of the Delaware Code, to continue to obtain thorough patient medication and drug histories including marijuana and opioid use, and to continue to have informed, non-judgmental discussions with patients regarding marijuana use and its effects on their health and well-being. The DCNP also cautions nurse practitioners to be cognizant of their own marijuana use and seek counseling if needed.