DE HB401 | 2017-2018 | 149th General Assembly


Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on August 29 2018 - 100% progression
Action: 2018-08-29 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


Currently the US FDA is reviewing a New Drug Application (NDA) of a pharmaceutical product containing cannabidiol (CBD) to treat patients with rare pediatric seizure disorders. If approved, this drug will be required to be prescribed and dispensed like other FDA approved products. However, to make sure that this product and future FDA approved marijuana containing products are available to patients as soon as possible, a change in Delaware law is required. This bill would exempt federally lawful FDA approved marijuana containing products from Schedule I of the states Controlled Substances Act until they are rescheduled under Delaware law. This would allow patient access to new therapies without an administrative delay, and allow FDA approved marijuana containing medicines to be prescribed, dispensed and regulated like other FDA approved pharmaceutical products. Illegal possession or sale of these drugs would be prosecuted as any other violation of the Controlled Substance Act.

Tracking Information

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An Act To Amend Title 16 Of The Delaware Code Relating To The Controlled Substances Act.


Roll Calls

2018-06-26 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2018-06-07 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]


2018-08-29 Signed by Governor
2018-06-26 Passed By Senate. Votes: 21 YES
2018-06-20 Reported Out of Committee (Health, Children & Social Services) in Senate with 3 On Its Merits
2018-06-09 Assigned to Health, Children & Social Services Committee in Senate
2018-06-07 Passed By House. Votes: 41 YES
2018-05-09 Reported Out of Committee (Health & Human Development) in House with 8 On Its Merits
2018-05-03 Introduced and Assigned to Health & Human Development Committee in House

Delaware State Sources

Bill Comments