Fabio
71 lines
4.6 KiB
Markdown
71 lines
4.6 KiB
Markdown
---
|
||
type: "Bill"
|
||
title: "AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CONTROLLED SUBSTANCES ACT."
|
||
description: "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."
|
||
jurisdiction: "us/states/de"
|
||
legislature: "Delaware General Assembly"
|
||
session: "149"
|
||
identifier: "HB 401"
|
||
citation: "Delaware HB 401 (149)"
|
||
classification: ["bill"]
|
||
subjects: []
|
||
status: "enacted"
|
||
primary_sponsors: ["Debra Heffernan", "Nicole Poore"]
|
||
version_count: 1
|
||
action_count: 7
|
||
vote_count: 2
|
||
first_action: "2018-05-03"
|
||
last_action: "2018-08-29"
|
||
source: "openstates"
|
||
source_identifier: "ocd-bill/99330934-1bbf-4fe4-aac9-d48a6480453b"
|
||
source_url: "https://legis.delaware.gov/BillDetail?LegislationId=26625"
|
||
source_hash: "31978bb37726c8c56671f4a539cf7c6e3a2b6bfa65834b040d36949920c4fac2"
|
||
vintage: "2026-07-01"
|
||
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
|
||
retrieved_at: "2026-07-06"
|
||
confidence: "reported"
|
||
tags: ["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](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=26625&legislationTypeId=1&docTypeId=2&legislationName=HB401)
|
||
|
||
## 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](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/99330934-1bbf-4fe4-aac9-d48a6480453b`. Confidence: reported (aggregated from official Delaware legislature records).
|
||
|