republic-os/legislation/us/states/de/149/hb-401.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CONTROLLED SUBSTANCES ACT.	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 state’s 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.	us/states/de	Delaware General Assembly	149	HB 401	Delaware HB 401 (149)	bill		enacted	Debra Heffernan Nicole Poore	1	7	2	2018-05-03	2018-08-29	openstates	ocd-bill/99330934-1bbf-4fe4-aac9-d48a6480453b	https://legis.delaware.gov/BillDetail?LegislationId=26625	31978bb37726c8c56671f4a539cf7c6e3a2b6bfa65834b040d36949920c4fac2	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-de

Delaware HB 401 (149) — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CONTROLLED SUBSTANCES ACT.

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 state’s 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.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. Bill Text (committee substitute) — source

Votes

• SM — 41–0 (pass) · lower
• SM — 21–0 (pass) · upper

Sponsors

• Debra Heffernan — primary (person)
• Nicole Poore — primary (person)
• Anthony Delcollo — cosponsor (person)
• Bruce C. Ennis — cosponsor (person)
• David Bentz — cosponsor (person)
• Jeff N. Spiegelman — cosponsor (person)
• Ruth Briggs King — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

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

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/99330934-1bbf-4fe4-aac9-d48a6480453b. Confidence: reported (aggregated from official Delaware legislature records).