SPONSOR:

Sen. Buckson

Sens. Gay, Hoffner, Lockman, S. McBride, Paradee, Pinkney, Sturgeon

DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE RESOLUTION NO. 11

URGING OUR FEDERAL DELEGATION TO SUPPORT LEGISLATION TO DESCHEDULE MARIJUANA.

WHEREAS, under the Controlled Substance Act, drugs, substances, and certain chemicals used to make drugs are classified into five distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential: and

WHEREAS, Schedule I drugs, substances, or chemicals are defined as drugs with no current accepted medical use and a high potential for abuse; and

WHEREAS, marijuana (cannabis) is classified as a Schedule I drug, alongside Heroin, though marijuana has many well documented medical uses; and

WHEREAS, according to the National Academy of Sciences’ Institute of Medicine, modern medical research has confirmed the beneficial uses for marijuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS; and

WHEREAS, marijuana has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 350,000 patients in states with medical marijuana laws; and

WHEREAS, marijuana’s medical utility has been recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association, and the Leukemia and Lymphoma Society; and

WHEREAS, there are approximately 5.4 million state-legal patients in the U.S. & its territories who are unable to receive medical insurance prescription health coverage for medical marijuana, primarily due to the drug’s federal designation; and

WHEREAS, in its State of the States 2021 report, the advocacy group Safe Access Now estimated that medical marijuana customers at states dispensaries were likely to pay as much as $350 before they could access and pay the cost of marijuana; and

WHEREAS, marijuana is not an eligible health savings account expense because the drug is illegal under federal law, even if it’s being used for medicinal purposes; and

WHEREAS, due to the current federal designation, monies that can be traced back to a state marijuana operation could be considered aiding and abetting a federal crime and money laundering; and

WHEREAS, most financial institutions are unwilling to accept this risk, meaning medical marijuana distributors have limited access to traditional banking and financial services, and are forced to operate in cash; and

WHEREAS, operating a business with large amounts of cash on hand is a public safety threat, as these establishments become targets for crime, putting the safety of staff and patients at risk; for example, while dispensaries make up less than 1% of Denver businesses, they accounted for 10% of all reported commercial burglaries from 2012 to 2016 ; and

WHEREAS, marijuana does not belong in Schedule I of the Controlled Substances Act, a classification intended for exceptionally dangerous substances with high potential for abuse and no medical use.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 152 nd General Assembly that we urge our federal delegation to support legislation to deschedule marijuana.

SYNOPSIS

This Senate Resolution urges our federal delegation to support legislation to deschedule marijuana.

Author: Senator Buckson