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Bill would extend medical marijuana to the terminally ill

Delaware Public Media

A bipartisan group of state lawmakers are trying to expand Delaware's medical marijuana law to include terminally ill children and adults.

A bill introduced Thursday afternoon will allow terminally ill adults and caregivers caring for those who are terminally ill to buy medical marijuana to ease pain or side effects that come with trying to treat their condition.

But, in order to qualify, there has to be "no reasonable medical expectation of recovery" and their doctor must expect a patient to die within a year.

Those under 18 years old will only be allowed to buy marijuana oil to treat any pain, anxiety or depression associated with their terminal illness.

Rep. Paul Baumbach (D-Newark), one of those behind the bill, says some medications used for end of life care can leave patients less in control of themselves for their last few months.

“Medical marijuana, in some cases, can numb the pain, but still keep you mentally aware, interacting with those you love and making sure you’ve got a [higher end of life quality],” Baumbach said.

Some doctors in Delaware have been hesitant to prescribe medical marijuana to patients in the past, with the state’s program having only been operational for about a year.

But Baumbach says studies from outside the U.S. have shown pot as a positive alternative to heavy opioids.

“As that comes out, and as the doctors and the medical community becomes more and more aware of it, that should help the accessibility – and then the whole issue of the opioid epidemic that we have where doctors are really looking for better alternatives than just automatically writing a prescription for the hardcore opioids.”

Nine other legislators joined Baumbach on the bill, including three Republicans.

Medical marijuana patients in Delaware currently can only qualify for the drug if they use it to treat side effects of cancer, multiple sclerosis, HIV/AIDS, ALS, chronic seizures and a handful of others.

Delaware’s relationship with medical marijuana has come in fits and starts.

State lawmakers legalized the treatment in 2011, but quickly halted movement on developing a program due to worries over pressure from federal officials threatening possible legal action toward states or public employees involved with the drug, which is still illegal at the national level.

Gov. Jack Markell (D) sparked interest in the program again in 2013, moving forward slowly with one pilot dispensary despite law requiring one in each county.

First State Compassion Center opened its doors to throngs of people last June in Wilmington.

Last week, Kent County Levy Court approved a deal with New Jersey based Compassionate Care Research Institute Inc. to rent space at the Kent County Aero Park in Dover for a potential dispensary.

Department of Public Health officials received 11 bids total to open the next dispensary from both Kent and Sussex Counties, with some bidders applying for multiple sites.

Those bidders aren’t allowed to be identified under state law.

The goal, DPH officials say, is to finalize negotiations by the end of the summer.

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