Matthew Albright

The News Journal

Terminally ill Delawareans could get medical marijuana if new legislation in the General Assembly becomes law.

"With each passing year, we are seeing more data on the benefits of medical marijuana, which is helping to de-stigmatize the medication," said Rep. Paul Baumbach, D-Newark and the bill's sponsor in a news release. "Delawareans facing a terminal illness should be able to access medical marijuana to help ease their symptoms and to cope with an extremely difficult situation.”

The change would apply to anyone suffering from a condition that is "deemed fatal within a year regardless of any other medical treatment."

Baumbach said the bill was the next logical step after a new law passed last year allowing the use of cannabidol and oil products to treat patients under 18 who suffer from conditions like seizures, muscle spams and nausea.

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That legislation was named "Rylie's Law," after a nine-year-old from Rehoboth who suffered seizures after surgery to remove a tumor. Baumbach has labeled the new bill "Bob's Bill," after Newark resident Robert Jester, who died of lung cancer earlier this year.

“My father used medical cannabis oil without his doctor’s consent to treat nausea, constipation, lack of appetite, insomnia, chronic pain and anxiety," Jester's son, Rich, said in a news release. "When his oncologist found out that he was using cannabis oil, the doctor threatened to discontinue treatment, and Bob never tried medical cannabis again until he passed in January."

Delaware's medical marijuana program was signed into law in 2011. Currently, it can only be used to treat the side effects of a handful of conditions, like cancer, multiple sclerosis and chronic seizures.

State leaders decriminalized marijuana last year, downgrading possession of an ounce of the substance from a criminal offense to a civil violation, like a parking ticket.

While Gov. Jack Markell has signed those bills, he has said he does not support full legalization like Colorado or Washington state. Marijuana remains illegal at the federal level.

Contact Matthew Albright at malbright@delawareonline.com at (302) 324-2428 or on Twitter @TNJ_malbright.

An earlier version of this story gave the incorrect name for Robert Jester.