Governor Meyer Signs Harm Reduction Legislation And Executive Order 28

Governor Matt Meyer has signed Senate Bill 249 and an executive order establishing Delaware’s new harm-reduction framework. The law allows the Division of Substance Abuse and Mental Health to license and regulate harm-reduction programs, expanding services intended to prevent overdoses and disease while connecting people with treatment and other support. The executive order directs DHSS to implement the law in phases, using evidence-based regulations, measurable outcomes and continued consultation with public health and public safety officials. DHSS will initially prioritize services such as naloxone distribution, infectious-disease screening, drug-checking supplies, wound care, overdose education, safe disposal and treatment referrals. Delaware reported 314 accidental drug-intoxication deaths in 2025, down more than 40% from 527 in 2023. The state will track the effects of the new framework and report its findings publicly at least annually.

Additional Information from the Office of Governor Matt Meyer:

Governor Matt Meyer today signed Senate Bill 249 alongside Executive Order 28 directing the Delaware Department of Health and Social Services to implement the state’s new harm reduction framework through evidence-based regulations, a deliberate phased approach, continuous evaluation, and strong public health and safety standards.
Senate Bill 249, sponsored by Senator Marie Pinkney and Representative Nnamdi
Chukwuocha, establishes a statutory framework for the Division of Substance Abuse and
Mental Health to license and regulate harm reduction programs. The legislation builds on
harm reduction services already operating in Delaware and expands access to
interventions designed to reduce overdose deaths, prevent disease, connect people with
treatment and ultimately save lives.
At the same time, Governor Meyer signed an executive order providing clear guardrails
around how the new law will be implemented. The order requires medically informed
regulations, measurable outcomes, phased implementation, ongoing consultation with
public health and public safety stakeholders and continuous evaluation to ensure the
policy achieves its intended results.
“Evidence-based harm reduction saves lives and can be an important pathway to
treatment and recovery,” said Governor Matt Meyer. “We also have a responsibility to
ensure public safety and the health of our most vulnerable. By signing this bill alongside an executive order establishing strong, medically informed standards, we can expand what
works, measure the results and make adjustments when the evidence tells us they are
needed.”
Delaware has already made significant progress in reducing overdose deaths. Accidental
drug intoxication deaths declined from 527 in 2023 to 314 in 2025, a reduction of more
than 40%. The administration’s approach is designed to build on that progress while
responding to an illicit drug supply that continues to change rapidly.
Under the executive order, DHSS will begin by prioritizing existing syringe services and
other interventions with an established evidence base, including naloxone distribution,
infectious disease screening, drug-checking supplies, wound care, overdose education,
safe disposal and connections to treatment, housing and other services.
For components where the evidence is still emerging, the executive order establishes
additional safeguards. Any subsequent expansion of state funding for those supplies will
require a written determination from the secretary of DHSS that the preceding phase
produced positive public health results without significant unintended harm.
The order also requires DHSS to establish clear baseline measurements and track
outcomes, including overdoses, infectious disease transmission, connections to
treatment and recovery, emergency department utilization, community safety, improper
disposal of equipment and youth exposure or diversion.
DHSS must report its findings to the Governor within 12 months after regulations take
effect and at least annually thereafter. The findings will be made publicly available in
aggregate, de-identified form and will include recommendations on whether the program
should be continued, modified or expanded.
The executive order also requires ongoing consultation with law enforcement, the
Delaware Department of Justice, public health and public safety stakeholders. If strong
evidence shows that a program component within DHSS’s authority is contributing to
increased overdose deaths, infectious disease transmission or other identified harms, the
department must pause, modify or discontinue that component and recommend
corrective action.
Senate Bill 249 also changes Delaware law regarding personal-use drug paraphernalia.
Because those provisions are established in statute, the executive order requires DHSS to
evaluate their effects annually. If strong evidence shows the changes are contributing to increased disease transmission or deaths, DHSS must advise the Governor and
recommend appropriate action, including potential legislative changes.