Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 7 D · 4 R cosponsors

HB 141 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 06, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    4 primary, 16 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 4 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.

Bill Text

What changed in the latest version

11 added · 64 removed

11 line(s) added, 64 removed.

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Minor-Brown & Rep.
Minor-Brown HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Schwartzkopf & Sen.
1 TO HOUSE BILL NO.
McBride & Sen.
141 AMEND House Bill No.
Lopez Reps.
141 by deleting line 35 in its entirety and inserting in lieu thereof the following:
Baumbach, Bolden, Brady, Carson, Chukwuocha, Griffith, Jaques, K.
“severe, painful and persistent muscle spasms;
Johnson, Kowalko, Postles, Ramone, Seigfried, D.
chronic debilitating migraines and new daily persistent headache that are refractory to conventional treatment and interventions;
Short, Shupe, Spiegelman, K.
or” SYNOPSIS This amendment clarifies that in order for a child under the age of 18 who has chronic debilitating migraines and new daily persistent headache to qualify as a patient to receive marijuana oil upon certification by a physician, the headaches must be resistant to conventional treatment and interventions.
Williams HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE BILL NO.
141 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 49A, Title 16 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:
§ 4902A Definitions.
In this chapter, unless the context otherwise requires, the following definitions shall apply:
(3) "Debilitating medical condition'' means 1 or more of the following:
a. Terminal illness, cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, decompensated cirrhosis, amyotrophic lateral sclerosis, agitation of Alzheimer's disease, post-traumatic stress disorder, intractable epilepsy, seizure disorder, glaucoma, chronic debilitating migraines, new daily persistent headache, or the treatment of these conditions.
b. A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following:
cachexia or wasting syndrome;
severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects;
intractable nausea;
seizures;
severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
c. Any other medical condition or its treatment added by the Department, as provided for in § 4906A of this title.
§ 4909A Issuance of registry identification cards.
(a) Except as provided in subsection (b) of this section, the Department shall:
(1) Verify the information contained in an application or renewal submitted pursuant to this chapter, and shall approve or deny an application or renewal within 45 days of receiving a completed application or renewal application.
MAW Page 1 of 2 Released:
TEH Page 1 of 1 Released:
05/06/2019 02:37 PM (2) Issue registry identification cards to a qualifying patient and his or her designated caregiver, if any, within 30 days of approving the application or renewal.
05/16/2019 12:32 PM 1031500143
A designated caregiver must have a registry identification card for each of his or her qualifying patients.
(3) Enter the registry identification number of the registered compassion center the patient designates into the verification system.
(b) The Department shall not issue a registry identification card to a qualifying patient who is younger than 18 years of age, except as follows:
(1) The qualifying patient has any of the following related to a terminal illness:
a. Pain;
b. Anxiety;
c. Depression;
(2) The qualifying patient has intractable epilepsy or seizure disorder;
(3) The qualifying patient has a chronic or debilitating disease or medical condition where the patient has failed treatment involving 1 or more of the following symptoms:
cachexia or wasting syndrome;
intractable nausea;
severe, painful and persistent muscle spasms;
Show all 60 changed rows (20 more)
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Latest
chronic debilitating migraines;
new daily persistent headache;
or (4) Any other medical condition or its treatment added by the Department, as provided for in § 4906A of this title.
(c) A qualifying patient who is younger than 18 years of age may only receive marijuana oil.
Section 2.
This Act shall be known as “Mia’s Law.” SYNOPSIS New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days.
Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head.
In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than days a month for more than 3 months.
The age of onset ranges from 6 to greater than 70 years old.
It is found to be more common in females in both the adult and pediatric populations.
Currently, there is no specific treatment for NDPH.
Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin.
In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that.
Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies.
This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act.
This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.
HD :
NSW :
MAW Page 2 of 2 Released:
05/06/2019 02:37 PM 2141500100
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 20 YES 1 ABSENT

  3. Reported Out of Committee (Health & Social Services) in Senate with 2 Favorable, 3 On Its Merits

  4. Passed By House. Votes: 41 YES

  5. Amendment HA 1 to HB 141 - Passed In House by Voice Vote

  6. Amendment HA 1 to HB 141 - Introduced and Placed With Bill

  7. Reported Out of Committee (Health & Human Development) in House with 3 Favorable, 4 On Its Merits

  8. Introduced and Assigned to Health & Human Development Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 16 co-sponsors · 42 not signed on

Sponsors (4)

Co-sponsors (16)

Not signed on (42)

42 members have not signed on to this bill.

Show all 42 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 8001
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Not Voting
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 12000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does HB 141 do?
New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.
Who sponsors HB 141?
HB 141 is sponsored by Kimberly Williams (Democratic), Bryan W. Shupe (Republican), Daniel B. Short (Republican), Charles S Postles Jr. (Republican), Kendra Johnson (Democratic), Krista Griffith (Democratic), Nnamdi O. Chukwuocha (Democratic), William J. Carson (Democratic), Stephanie T. Bolden (Democratic), Melissa Minor-Brown (Democratic), Jeffrey N. Spiegelman (Republican), David B. McBride, Ernesto B Lopez, Peter C. Schwartzkopf, Paul S. Baumbach, Gerald L. Brady, Earl G. Jaques Jr., John A. Kowalko, Michael Ramone, and Raymond Seigfried.
What is the current status of HB 141?
This bill has been enacted into law. Introduced May 06, 2019. Enacted.
Where can I track HB 141?
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