Committee releases bill modeled on California 'Ryan's Law' to let registered terminally ill patients use medical marijuana in hospitals under safeguards

Senate Bill 226, with Senate Amendment 1 and described by sponsors as modeled on California's Ryan Law, was released from the Delaware House Health Committee after sponsor Representative Kay Smith said the bill permits registered terminally ill patients to use medical marijuana while receiving care in defined health‑care facilities.

The substitute amendment narrows eligible facilities to those licensed under chapters 10 and 11 of Title 16 and specifies that the patient's attending physician or registry identification card will be referenced to confirm eligibility. The bill allows facilities to permit on‑site use under established safeguards and gives clinical staff discretion to restrict or suspend use if health professionals determine consumption could negatively affect a patient's treatment.

"This legislation balances patient rights and clinical judgment," Representative Kay Smith said, describing liability protections that would shield compliant patients and facilities from civil, criminal and professional liability except in cases of gross negligence, recklessness or intentional misconduct.

Committee members asked how on‑site use would be operationalized, noting concerns about smoke, ventilation and patient safety. Sponsor and supporters said the permitted uses would be limited to non‑smoking forms where appropriate and that facilities may prohibit use if clinically advisable.

Carling Ryan, speaking for the Delaware Health Care Association, told the committee that DHA supports the intent of "Ryan's Law" but that allowing medical marijuana in hospital settings raises operational and compliance challenges. Ryan said collaborative changes with sponsors produced key safeguards now reflected in the amendment, including liability protections, the ability for hospital systems to discontinue participation if federal scrutiny arises, and narrowing to general acute care hospitals. "The amendment modifies the bill by clarifying that the patient or their caregiver is responsible for notifying the attending physician," Ryan said.

A motion to release SB 226 with Senate Amendment 1 carried on a roll‑call vote; the committee chair said the bill will be forwarded to the full House for consideration. The bill's supporters emphasized collaboration with hospital associations to address operational questions and left authority with clinicians and facilities to set safety limits.

The committee record will include written comments submitted within 24 hours; the bill will proceed to the full House for further consideration.