ARTICLE: weGrow coming to DC

FROM WEB: First Medical Marijuana Superstore Will Open in Washington D.C. This March bit.ly/yTLyXm #mmotFirst Medical Marijuana Superstore Will Open in Washington D.C. This March
Construction is Underway at weGrow’s First East Coast Hydroponics Store
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Washington D.C. (PRWEB) January 23, 2012

weGrow, the hydroponics superstore nationally-known as the “Walmart of Weed”, is set to open in the nation’s capital this March as the medical marijuana program in Washington D.C. takes root.
The growing franchise sells all of the products and services one would need to grow marijuana or other indoor plants, but does not sell the plant itself.
weGrow D.C. franchisee Alex Wong secured a lease for the store at 1522 Rhode Island Ave, NE. The 2,500 square-foot store will feature a similar layout to weGrow’s West Coast retail stores and will provide a full array of products and services to medical marijuana cultivators and indoor gardening enthusiasts. The store is near the only Home Depot in Washington D.C. and is blocks from the Red Line Metro at the Rhode Island Ave. stop.
“This is a great step forward for medical marijuana patients in Washington D.C. and nearby states,” said Wong. “weGrow will be here to work with medical marijuana growers to ensure the safest indoor growing practices are being followed to produce the best quality medicine for patients.”
Though Wong has nearly a decade of business experience owning and operating a wholesale business in Maryland, opening this weGrow store is his first experience in the medical marijuana industry.
“I am confident that weGrow will fill a void of product and knowledge for approved cultivation centers in D.C. and for patients who need to grow their own medicine in other East Coast states where patient cultivation is legal,” said Wong.
weGrow is a one-stop-shop for the products and services one would need to grow plants indoors. The D.C. store will feature a vast selection of hydroponic supplies; grow room demonstrations with real, non-marijuana plants; classes to teach safe and responsible practices for cultivation as well as expert technicians for professional grow room designs and builds.
“The opening of the first weGrow store on the East Coast represents not only a great step forward for our franchise but for the entire medical marijuana industry,” said Dhar Mann, founder of weGrow. “This store will serve as a hub for many surrounding states and will be a great launching pad to promote safe and responsible cultivation practices to new patients as medical marijuana laws move eastward.”
Currently, the brand has three locations – in Sacramento, Calif.; Oakland, Calif.; and Phoenix, Ariz. Additional weGrow stores are set to open in California, Arizona, Michigan and Delaware.
In preparation for opening, weGrow D.C. will be the official sponsor at the upcoming First Annual Washington DC Medical Marijuana Symposium on Feb 2nd. The symposium is geared to local entrepreneurs to discuss best practices and to address concerns facing this new and unique industry. The event is invitation-only.
For more information, please visit http://www.weGrowStore.com.
About weGrow
weGrow is the “first honest” hydroponics franchise providing the products and services one can use to grow medical marijuana. From some of the largest showrooms of hydroponic equipment, to grow training services; weGrow is a one-stop-shop for cultivators. weGrow has a few locations nationwide and has plans for continued growth. For more information, please visit http://www.weGrowStore.com.
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ARTICLE: Weed is bad, right?

Weed, It’s Bad Right?
By LYZI WHITE
Life Editor

"conversations about the universe, and bags of potato chips strewn across the floor: the calling cards of a college stoner."

Marijuana is the most commonly abused illicit drug in the United States, according to drugabuse.gov. The drug is part of Schedule I, along with other drugs like heroin and ecstasy, making it more illegal and "more dangerous" than Schedule II drugs, like cocaine and morphine.
Last time I checked, stoners don't go around cracked out, eliciting sexual favors for a dime bag.
But the U.S. government has been trying to demonize the drug even before it was made completely illegal by the Comprehensive Drug Abuse Prevention and Control Act of 1970.
Here is a great timeline of quotes about the drug:
"Marijuana leads to pacifism and communist brainwashing," said Federal Bureau of Narcotics Chief Harry J. Anslinger in 1948.
Oh yeah, Harry?
"I now have absolute proof that smoking even one marijuana cigarette is equal in brain damage to being on Bikini Island during an H-bomb blast," said former president Ronald Reagan.
"Marijuana leads to homosexuality…and therefore to AIDS," said White House Drug Czar Carlton Turner in 1986.
Didn't know there was a correlation, Turner.
In 1937, because of the film Reefer Madness, the majority of the American population became convinced that smoking marijuana directly caused insanity. There was no truth in the movie; it wasn't based on any real facts – usually stoners don't beat people to death, nor laugh as they watch it happen – yet it terrified the public enough to demand war.
Being one of the most used recreational drugs in college, all you have to do is walk down any dorm hallway on campus, or take a stroll through University Heights and you can catch a whiff of weed.
Whether students are putting towels under their doors and bags over their fire alarms in their dorm rooms, or relaxing in the comfort of their own apartments' living rooms, stoners find a way around the rules.
My favorite Above the Influence commercial has to be with the two girls – one of them is normal, and the other is just a melted body, only able to move her eyes. Of course a close ringer is the one where a teenager steals money from her mom's purse, until her talking dog tells her how disappointed he is in her. Really now? Seriously; a talking dog?
But the times, they are-a changin'.
As medical marijuana is becoming legalized in certain states, the general public's opinion has changed from demonization to acceptance – begrudgingly or otherwise.
I've seen the positive effects of weed personally. My father was diagnosed with cancer when I was in high school. After going through chemotherapy he wouldn't eat – couldn't eat. As New York doesn't have medical marijuana laws, he didn't have legal access to it. But his work colleagues found weed, and brought him dozens of brownies.
Because of pot brownies my dad had a respite from his constant pain of cancer, and he was actually able to eat.
So the U.S government is trying to tell us that alcohol – which kills around 50,000 people each year from alcohol poisoning – is less dangerous than weed, a medicinal herb that helps cancer, HIV, and glaucoma patients?
If you're not in-the-know in the marijuana community, or if you don't scour the Trees subreddit page, a new study has confirmed that the smoking of cannabis is not harmful to health.
The 20-year study, done at the University of California and the University of Alabama, states:
"Smoking marijuana once a week doesn't harm the lungs." The study also stated that, "the analyses showed pot didn't appear to harm lung function, but cigarettes did," according to KSBW, a California television station.
Of course there are still inherent risks in smoking weed.
It's true: the munchies are an epidemic. When high, resist the urge to order the 5-5-5 deal from Dominos at all costs. Sounds like a good idea, but trust me, you're going to regret it three hours later.
Email: lyzi.white@ubspectrum.com

ARTICLE: DC MEDICAL MARIJUANA BY SPRING 2012

Prev
According to city officials in Washington D.C., that city’s long-delayed medical marijuana program should be up and running by the spring of 2012, a goal that was set last summer.

By the end of March patients should know the sites of the 10 cultivation centers and 5 dispensaries allowed under the city’s medical cannabis law. Officials expect these sites to open in May.

“This is a very complicated process,” said D.C. Health Director Mohammad N. Akhter. “The community should be very pleased that we are moving forward with this and are doing things in a way that will make sure the program will be here to stay.”

It remains to be seen if all these promises will pan out. Even if they do, there will be medical marijuana dispensaries and growers operating right under the nose of the Justice Department and the DEA. Will they stand for that?

Patients in D.C. have seen delays before and should be prepared for more. Having said that, progress is a good thing. Patients everywhere deserve the option of medical marijuana for their ailments. Time will tell if those in our nation’s capital will number among the few who are allowed that option.

- Joe Klare

And be sure to check out our Open Letter on Behalf of 30 Million Cannabis Users and join us in our fight!

ARTICLE: Saying Ron Paul can't legalize marijuana...

By Scott Morgan 1/18/2012

I don't know how else to describe my reaction to this piece by Chris Roberts in SF Weekly. It's truly a first-rate hack job that must be seen to be believed.
A growing number of marijuana activists are embracing Paul as a pot-friendly alternative to President Barack Obama, whose Justice Department has done more to dismantle state-legal medical marijuana than George W. Bush's crew ever did.

These supporters ignore a key point: If Paul were president, he wouldn't be any better for legalizing marijuana than President Obama -- or worse than Romney or Santorum.
…
Marijuana was criminalized by the feds in 1970, when the Controlled Substances Act was passed by Congress (under pressure from Richard M. Nixon's administration). Only Congress can repeal an act of Congress, just as only Congress can amend the Constitution, raise taxes, and wage war (legally).
The whole thing is a pretty embarrassing mischaracterization of the executive branch's critical role in setting national drug policy priorities. Heck, even the above paragraph points to Nixon as the protagonist in the story of how modern drug prohibition was born. Electing a president who is committed to correcting that mistake is one of the most powerful forward steps this movement can take, and this is true for several reasons that ought to be obvious:
The president appoints the nation's top drug policy officials, including heads of the ONDCP (the Drug Czar) and the DEA, and can exert tremendous influence over their budgets and enforcement priorities.
The president has the power to veto bad laws. If anyone is concerned about congress passing dumb anti-drug legislation in the future (a legitimate concern if ever one existed), they would be wise to support candidates who would reject our continued decent into endless drug war oblivion.
The president can pressure congress to implement sensible reforms, including the passage of legislation to fix problems created by congress in the past. Not a walk in the park when it comes to drug policy, not even close, but technically true nevertheless, and certain to become critically important as the movement for drug policy reform continues its present momentum and exerts increasing influence over both the executive and legislative branches of government.
The president has the loudest microphone on the planet and can use it to change the way people think about the issues facing our nation. This alone suffices to illustrate unequivocally why putting a marijuana reform advocate into the White House would be the greatest watershed moment in the history of this movement. One can't even begin to calculate all the ways in which the president's influence could be used to advance the cause of reform. I can’t believe it's even necessary to explain this, because honestly, when has anyone ever seriously suggested that the president's opinion on any matter of intense political debate was somehow irrelevant because the president lacks the powers of congress? That notion is too plainly absurd to justify further refutation.
The mere act of electing a president who openly supports marijuana legalization or other drug policy reform positions makes a devastatingly powerful statement about the potency of those political ideas. This is known as the concept of a "mandate," wherein the electorate's choice of a certain candidate, particularly when made decisively, is seen as a message to our political culture that this candidate's platform reflects the values of the American people. When marijuana reform is included in that package, it speaks to the tone of the political climate on that issue and sends a message to congress that their constituents are ready to see real changes considered in a serious way.
All of these points, and I'm sure I missed several more, serve to illustrate why it is just stupid to even suggest that the president cannot serve as a powerful champion of marijuana legalization and other drug policy reforms. And yet, the assertions to which I respond here weren't leveled against the perceived front-runner in the republican primaries. All of these plainly farcical distortions of the president's power to influence national drug policy were directed at Ron Paul.
Ron Paul, though I know some will disagree or hope otherwise, is really a protest candidate, albeit a very popular and effective one. His goal is primarily to introduce into our political discourse ideas which he and his supporters feel have been unduly dismissed and disregarded by the political establishment. Ron Paul and his supporters already consider the campaign a success, because it's done exactly that.
His advocacy for the reform of marijuana laws ranks among the most popular aspects of his candidacy, resonating with his base of hardcore libertarian-minded supporters, while simultaneously piquing the interest of many on the left, who've been disgusted by Obama's brazen assault on medical marijuana. For anyone who cares about making long-term political progress on these issues, it makes absolute sense to cheer for the only candidate who is talking about it.
Publicly supporting politicians who publicly support marijuana reform is a necessary step towards demonstrating the political viability of the issue on a larger scale, so that future candidates for any elected office will have more reason to consider including this position in their platform. Simultaneously, the process of raising the profile of the debate over marijuana and other drug policy issues during a period of intense campaign season press coverage is an obvious and very effective way of marketing this idea to the public, increasingly support for it, and convincing future candidates to adopt it.
I really don’t know how much more completely one can misunderstand the significance of Ron Paul's marijuana advocacy than by arguing that it is pointless unless he A) gets elected President of the United States, and B) immediately legalizes marijuana throughout the nation. That is a standard so preposterous, so plainly unreasonable and bizarre, that, if taken seriously, it could call into question the importance of drug policy reform efforts in general. That's why I took this much time to respond, and why I hope Ron Paul's critics, regardless of their motives, will dispense with this particular brand of nonsense permanently.
(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

ARTICLE: MARYLAND MEDICAL MARIJUANA

Supporters pushing for medical marijuana in Maryland
Originally published January 17, 2012, 5:03 PM - Updated 5:03 PM, January 17, 2012


By Capital News Service
Capital News Service

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ANNAPOLIS - Less than a year after providing a legal defense for the possession of medical marijuana, proponents are now pushing for Maryland to legalize the drug for licensed patients.
Delegate Cheryl Glenn, D-Baltimore, has introduced HB 15, or the Medical Marijuana Act, which would authorize the use of the drug in Maryland by as early as September.

Last year's bill, SB 308, was sponsored by several delegates and senators, including Sen. David R. Brinkley.

Brinkley intends to introduce a similar Senate bill in the following weeks.

Sixteen states and Washington currently allow some form of medical marijuana, but it is still prohibited at the federal level.

HB 15 builds on SB 308, which provides an affirmative legal defense for anyone who can prove that the drug has been used for medical purposes. However, Maryland law does not provide any legal means for obtaining medical marijuana.

SB 308 was originally intended to provide legal access to medical marijuana, but a number of amendments were made after a House Judiciary Committee meeting last March.

Dr. Joshua Sharfstein, secretary of the Department of Health and Mental Hygiene, said at the meeting that more research was needed on the effectiveness of the drug as a medical treatment.

SB 308 was revised to create the Medical Marijuana Model Program Work Group, a committee that submitted two proposals for medical marijuana legislation in its final report in December. Sharfstein served as the chair of the work group.

The first option would give academic medical research institutions such as Johns Hopkins University or the University of Maryland School of Medical distribution rights to medical marijuana.

The second would allow specially licensed doctors to prescribe marijuana to patients, provided they meet a specific set of symptoms.

Both proposals would leave cultivation in the hands of state-licensed growers.

HB 15 falls more closely in line with the second proposal, as it does not rely on academic institutions for distribution.

The law would stress strict regulations that limit medical marijuana to patients with debilitating illnesses where no other effective treatment is available.

States such as California have passed laws that decriminalize possession of small amounts of marijuana in addition to allowing medical marijuana to be used.

With HB 15, only patients permitted to use medical marijuana and their doctors will be exempt from punishment. Non-licensed individuals can still be prosecuted for possession.

BLOG - This is what I know

Jan 8, 2012- I was hoping Delaware DHSS would have a medical marijuana timeline available for patients and their doctors. I did some research and made a few calls to DHSS and learned that the deadline for writing medical marijuana regulations is June 30th.

Below is a statement that comes from Delaware MMP - "Delaware Department of Health and Social Services (DHSS) will finalize regulations and registry ID card applications by July 1, 2012. After that, a patient will send DHSS a completed application, including a copy of the written certification, and DHSS will issue an ID card after verifying the information. As long as the patient is in compliance with the law and in possession of an ID card, there will be no arrest."

I will keep you updated.

Forever hopeful,

Diane Jump (FACEBOOK)
notwith0utafight@aol.com
CANCERVIXXEN (TWITTER)

N.J. bill could speed approvals of medical marijuana farms 01/13/2012 10:45 PM By Jan Hefler

N.J. bill could speed approvals of medical marijuana farms
01/13/2012 10:45 PM
By Jan Hefler
INQUIRER STAFF WRITER

A New Jersey assemblyman, saying he feels a "moral obligation" to help alleviate the pain and suffering of "deathly ill" people, plans to introduce legislation to make it easier for medical marijuana businesses to get local zoning approvals.

Since October, governing bodies in Maple Shade, Westampton, Upper Freehold, and Camden have rejected plans for pot farms and marijuana dispensaries. The votes were taken after crowds of residents at town meetings expressed fears of increased crime and a stigma against their communities.

Those fears are unfounded because strict state regulations will require the marijuana operations to be secure, said Assemblyman Declan O'Scanlon (R., Monmouth). The bill he plans to introduce next week would assist the state's six medical marijuana operations in getting up and running.

"My goal is to help people get through their fears and reset the debate to get this necessary and efficacious drug into the hands of people that need it," O'Scanlon said.

His bill would classify marijuana growers as farmers under the state's Right to Farm Act, which, according to the Agriculture Department's website, would protect them against "nuisance actions and unduly restrictive municipal regulations."

ARTICLE: Medical marijuana bills filed in Fla. House, Senate By Wire Report, Herald-Tribune Monday, January 9, 2012

Medical marijuana bills filed in Fla. House, Senate
By Wire Report, Herald-Tribune
Monday, January 9, 2012
VOTE IN POLL AT THE END OF THIS ARTICLE ON WHETHER YOU THINK THESE BILLS SHOULD BE APPROVED BY THE LEGISLATURE
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By Anne Geggis
GAINESVILLE SUN

A state budget crunch that won’t quit, legislative reapportionment and gaming are expected to crowd the legislative season that starts in Tallahassee Tuesday — but for some, nothing has quite the same buzz as an effort to allow the medical use of marijuana.

It’s the second year in a row that legislation has been filed to start Florida on the path that 16 other states and the District of Columbia have taken, starting with California in 1996. And this year represents the first time that a bill allowing marijuana as a medicinal has been filed in both the House and the Senate.

For some from the home of “Gainesville Green” — a celebrated strain of marijuana — and the recently revived Hemp Fest — including those who have served jail time for being a “Doobie Tosser” — this legislation can’t come quickly enough.

House Joint Resolution 353 and Senate Joint Resolution 1028 propose that the question of allowing marijuana for medical use should appear on the 2012 ballot as a statewide referendum. If approved by at least 60 percent of the voters, the state constitution would be amended.

Never mind that neither of the bills has been scheduled for hearings. Jodi James, executive director of the Florida Cannabis Action Network, is, well, elated.

“This is the first time since 1978 that cannabis advocates will have a sustained presence in the Legislature,” said James, explaining that her Melbourne-based group has launched a website, www.fldecides.org in the effort.

Even more than advocating for the proposed legislation, James’ group is planning on petitioning Gov. Rick Scott, asking him to urge the Legislature to pass a bill that bypasses the constitutional amendment process and allows medical marijuana use in Florida.

“Sick and dying people need access to this medicine now,” James said.

But Sen. Steve Oelrich, R-Cross Creek, calls the proposed legislation “a sham.” Drug laws might need to be revamped, but allowing the use of marijuana under the guise of medical treatment is not the way to do it, he said.

“Let’s address the bigger issue and have a debate about that,” he said.

READ MORE ABOUT BILLS TO LEGALIZE MEDICAL MARIJUANA

Blog: The Sancti

It seems as though I am always running late. I wake up late.. I am the tortoise on a slow day. Chemo begins in 3 weeks and I have had bronchitis for what seems a month. My New Year resolution was to start this blog on Jan 1. See what I mean?

My goal is to post everything related to Delaware Medical Marijuana as i know it and confirm it true, and things you might want to know or what I think you might want to know. I will share why I choose marijuana over other prescribed medications and what I've learned along the way

Stay with me friends.. It will be honest and from the heart...

Stay focused..

Love Diane

ARTICLE: Legalization of medical marijuana to decrease auto accidents.

New report indicates legalization of medical marijuana to decrease auto accidents.
POSTED BY BEN SCHWARTZ ON JAN 4, 2012 IN ACCIDENT LAW, BLOG, CRIMINAL AND DUI | 0 COMMENTS

I posted recently about a Slate.com article suggesting that a little marijuana made drivers safer on the road (here). Well, another study has come out suggesting that legalization of the drug actually has resulted in a statistically significant decrease in fatal car accidents. According to the report, legalization of marijuana has resulted in:
A 6.4% decrease in fatal wrecks that did not involve alcohol,
A 12% decrease in accidents resulting in death where the was a positive blood alcohol content (BAC), and
A 14% decrease in high-BAC fatal automobile accidents.
The study concludes that marijuana is a substitute for alcohol, rather than a complement to alcohol.
The authors do not conclude that driving under the influence of marijuana is safer than driving under the influence of alcohol. But the study is consistent with the earlier Slate article which suggested that high timers are more aware of their impairment, whereas drunk consumers of alcohol lose the awareness of their own impairment, making drunks more likely to drive and crash.
Here’s my take on this: after rollin’ a big fat joint and smoking up, your average pot smoker is not going out driving. Maybe they’ll lay on their sofa, eat Doritos and watch Ice Road Truckers, but they’re not actually going out to drive a tractor trailer and cause a crash and kill or injure someone. Of course legalizing medical marijuana reduces the overall number of car accident deaths. BUT… That’s not to say driving high is safe or a good idea. Anything that slows your reflexes cannot make you a safer motorist. In fact, studies suggest that driving high more than doubles the risk of being involved in a fatal crash (click here). Bottom line: don’t drink and drive, and don’t smoke marijuana and drive either.
Ben
Benjamin A. Schwartz represents people injured and the families of those killed by careless, reckless and impaired motorists who drive drunk, or who consume drugs such as pot and drive. If you were victimized by such a motorist, contact Ben for a free consultation to learn your legal rights.
Schwartz & Schwartz wants you to know that the views and opinions in this article are Ben Schwartz’s alone, and do not represent the views of the Firm or other attorneys who are members of the Firm.

Qualification for Delaware Medical Marijuana

By: Marijuanadoctors.com

Who Qualifies for Medicinal Marijuana in Delaware?

May 2011, Delaware is the 16th state to legalize marijuana for medical use. The law received bi-partisan support in the Senate and House. The law permits people diagnosed with qualifying conditions to possess up to six ounces of marijuana, which must be purchased from state-licensed compassion centers regulated by the Delaware Department of Health and Social Services, which will also issue mandatory medical marijuana ID cards to qualifying patients that obtain a medical marijuana recommendation from their doctor. DDHSS is still developing the application process, and medical marijuana cards may not be available until July 2012.

HOW TO BECOME A MEDICAL MARIJUANA PATIENT IN DELAWARE

Delaware’s application system for medical marijuana patients is expected in July 2011. In the meantime, here are some basic guidelines:

Must be a resident of Delaware for longer than 30 days.

Obtain a copy of your medical records indicating that you are diagnosed with a qualifying condition.

Obtain written documentation from a physician licensed in the state of Delaware that that you are a qualifying patient.

Be sure to take your medical records with you to your appointment.

Apply for and receive a Medical Marijuana Card from the state of Delaware.

WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN DELAWARE?
Patients in Delaware diagnosed with the following illnesses are afforded legal protection under the Delaware Medical Marijuana law:
Cancer, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, post-traumatic stress disorder,when the written certification is signed by a properly licensed psychiatrist
A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
o cachexia or wasting syndrome;
o severe, debilitating pain, that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects;
o severe nausea;
o seizures;
o severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. Glaucoma, when the written certification is signed by a properly licensed ophthalmologist
Any other medical condition or its treatment added by the Department.

MEDICAL MARIJUANA ACCESS

Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, Delaware medical marijuana doctors will supply patients with a medical marijuana recommendation in compliance with state law.

According to Delaware medical marijuana law, patients and their caregivers may possess up to six ounces, or 170 grams, of marijuana. The state of Delaware does not allow for patients or caregivers to grow or cultivate their own cannabis. Instead, their medicine must be purchased from state licensed compassionate care centers, which will also grow its supply of cannabis.

States say it is time to rethink medical marijuana By Matt Smith, CNN January 1, 2012 -- Updated 2113 GMT (0513 HKT)

Colorado, Washington, Rhode Island and Vermont are asking federal officials to reclassify marijuana as a drug with medical use.
STORY HIGHLIGHTS
Four states have asked federal officials to reclassify marijuana
Governors say they can't set rules without risking violations of U.S. law
Advocates say there's no reason to keep busting medical pot providers
Critics call medical marijuana a "Trojan horse" for legalization
(CNN) -- Medical marijuana advocates are hoping state governments can succeed where their efforts have failed by asking federal authorities to reclassify pot as a drug with medical use.
Shortly before Christmas, Colorado became the fourth state to ask the U.S. Drug Enforcement Administration to reclassify marijuana as a narcotic in the same league as heavyweight painkillers including oxycodone. The governors of Washington and Rhode Island filed a formal petition with the agency in November, and Vermont signed onto that request shortly afterward.
All four are among the sixteen states and the District of Columbia that have laws on the books that allow the medical use of marijuana, even though the drug remains illegal under federal law. Meanwhile, federal authorities have asserted their power by raiding dispensaries in states including California and Washington.
Supporters say the public is on their side, and the state requests show the feds are increasingly isolated on the issue. But they acknowledge it's still an uphill battle.
"I don't think that we're going to see to much change in Washington's position on this until public opinion and state-level support reaches a little bit higher a tipping point," said Morgan Fox, a spokesman for the D.C.-based Marijuana Policy Project.
Dispensary giving away free pot at party Recommendations aim to loosen pot laws 'Weed Wars:' Seeking the truth Legalize pot, decrease crime?
The DEA said it would "reply accordingly," but noted that similar petitions had been rejected before. DEA spokeswoman Barbara Carreno told CNN that the agency gives "great respect" to state governments, but their requests would get "the same attention as a petition from a medical group or anything else."
Marijuana is listed as a Schedule I drug by the DEA, meaning it's dangerous and has no medical use. Medical marijuana advocates, including the states that have petitioned the agency, say it should be listed under Schedule II, comparing it to other prescription painkillers that have a high potential for abuse.
In 2006, the U.S. Food and Drug Administration restated its opposition to medical marijuana, saying "no sound scientific studies" support its use. State laws authorizing it "are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process," it added.
But in their November petition, Washington Gov. Christine Gregoire and Rhode Island's Lincoln Chafee argued that "the vast majority of modern research" has found marijuana useful for treating patients with glaucoma, for relieving the nausea suffered by cancer patients in chemotherapy and for relieving symptoms of degenerative nerve diseases.
They cite a 2001 study by the National Academy of Sciences that recommended research into the "potential therapeutic value" of cannabis, though it warned that smoking pot was a "crude" method "that also delivers harmful substances."
"Since the last FDA review in 2006, the scientific process has identified and clarified even more of the therapeutic effects of cannabis through ongoing research and assessment of available data," wrote Gregoire, a Democrat, and Chafee, a former Republican-turned-independent. "This petition presents this further evidence. It is now time for the DEA to reschedule the substance."
The Obama administration says it is willing to support research, but has taken a stiff position against medical marijuana. In October, in response to online petitions, White House drug czar Gil Kerlikowske said marijuana "is not a benign drug."
Medical marijuana group sues Obama administration
"Like many, we are interested in the potential marijuana may have in providing relief to individuals diagnosed with certain serious illnesses. That is why we ardently support ongoing research into determining what components of the marijuana plant can be used as medicine," Kerlikowske wrote. "To date, however, neither the FDA nor the Institute of Medicine have found smoked marijuana to meet the modern standard for safe or effective medicine for any condition."
Carreno said petitions to reschedule a drug take years to review. The DEA does its own analysis, then refers the requests to the FDA and the Department of Health and Human Services, which review their own research.
"Then they send recommendations back to us, and based on the recommendation we get, we make a decision," she said.
Critics call medical marijuana a "Trojan horse" for legalizing the drug entirely, and federal authorities mounted a string of high-profile raids in California, Washington and Montana in 2011.
The Justice Department says it isn't targeting patients who are in "clear and unambiguous compliance" with state laws. In October's raids in California, prosecutors said they were targeting organizations that had become large-scale commercial traffickers, operating beyond the limits of state law.
In their petition, Gregoire and Chafee said rescheduling was needed because states can't make rules governing medical marijuana "without putting their employees at risk of violating federal law."
"From a patient perspective, there's a lot of things up in the air," Gregoire spokesman Cory Curtis told CNN. He said the state hopes "to give them clarity and peace of mind, both in the environment in which they get it and the prescription and dose they get."
A round of federal raids targeted dispensaries in the Seattle area in November, but agents were targeting "folks who were distributing without a medical purpose," Curtis said.
Washington allows patients to grow their own marijuana and keep a 60-day supply, which it defines as up to 24 ounces. Patients and designated health-care providers can keep "collective gardens."
Rhode Island allows patients to grow up to 12 plants and possess up to 2.5 ounces of pot for their own use, as long as a doctor has certified that it may alleviate symptoms and the potential risks don't outweigh the benefits. It also allows "compassion centers" to cultivate and dispense marijuana, as long as it stays within those limits for each patient.
In Colorado, legislation passed in 2010 allows state regulators to keep a tight rein on dispensaries and required them to request reclassification from the DEA.
"As long as there is a divergence in state and federal law, there is a lack of certainty necessary to provide safe access for patients with serious medical conditions," Barbara Brohl, the executive director of Colorado's Department of Revenue, wrote in a December 22 letter to DEA Administrator Michele Leonhart.
Since the law went into effect, more than 700 people have applied for licenses to sell medical marijuana, said Mark Couch, a spokesman for Brohl's office. The state collected about $5 million in sales taxes in the last fiscal year, which ended in June -- a tiny fraction of the state's $8 billion general fund, he said.
Fox said the state's requests to reclassify the drug "could and certainly should" give the states some breathing room, "but I really don't think it will."
"I think that it's not going to provide any real tangible benefits immediately," he said. But it if succeeds, "It will definitely bring the federal government more in line with currently accepted science."
In the meantime, "There's no reason for the federal government to be wasting resources going after medical marijuana providers," he said.


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SENATE BILL NO. 17 DELAWARE STATE SENATE 146th GENERAL ASSEMBLY

SPONSOR:
Sen. Henry & Rep. Keeley

Sens. Marshall, Peterson, Sorenson, Venables; Reps. Barbieri, George, Kowalko, Manolakos, Mulrooney, Schooley, B. Short, Viola

DELAWARE STATE SENATE
146th GENERAL ASSEMBLY

SENATE BILL NO. 17


AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING THE DELAWARE MEDICAL MARIJUANA ACT.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1. Amend Title 16 of the Delaware Code by adding a new Chapter 49A to read as follows:
“Chapter 49A. The Delaware Medical Marijuana Act
§4901A. Findings.
(a) Marijuana’s recorded use as a medicine goes back nearly 5,000 years. 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, as found by the National Academy of Sciences' Institute of Medicine in March 1999.
(b) Studies published since the 1999 Institute of Medicine report have continued to show the therapeutic value of marijuana in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS, and other illnesses that often fails to respond to conventional treatments and relief of nausea, vomiting, and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens. Specifically, in February 2010, the Center for Medicinal Cannabis Research released a lengthy report that summarized 15 recent studies clearly demonstrating marijuana’s medical efficacy for a broad range of conditions. These studies, many of which were double blind, placebo-controlled trials, included neuropathic pain trials published in the Journal of Pain, Neuropsychopharmacology and Neurology, a study on the analgesic efficacy of smoked marijuana published in Anesthesiology, a study on the mechanisms of cannabinoid analgesia in rats published in Pain, and a study on vaporization as a "smokeless" marijuana delivery system published in Clinical Pharmacology & Therapeutics..
(c) 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. 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 & Lymphoma Society.
(d) Data from the Federal Bureau of Investigation's Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marijuana arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use marijuana.
(e) Alaska, California, Colorado, the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, Vermont, Rhode Island, and Washington have removed state-level criminal penalties from the medical use of marijuana. Delaware joins in this effort for the health and welfare of its citizens.
(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this act does not put the state of Delaware in violation of federal law.
(g) State law should make a distinction between the medical and non-medical uses of marijuana. Hence, the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana.
§4902A. Definitions.
In this chapter, unless the context otherwise requires, the following definitions shall apply:
(a) "Cardholder" means a qualifying patient or a designated caregiver who has been issued and possesses a valid
registry identification card.
(b) “Compassion center agent” means a principal officer, board member, employee, or agent of a registered
compassion center who is 21 years of age or older and has not been convicted of an excluded felony offense.
(c) "Debilitating medical condition" means one or more of the following:
(1) cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome,
hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, post-traumatic stress disorder, or the treatment of these conditions;
(2) a chronic or debilitating disease or medical condition or its treatment that produces one 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 three months or for which other treatment options produced serious side effects; severe nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis;
(3) glaucoma, when the written certification is signed by a properly licensed ophthalmologist subject to Chapter 17, Title 24 of the Delaware Code; or
(4) any other medical condition or its treatment added by the Department, as provided for in §4906A.
(d) "Department" means the Delaware Department of Health and Social Services or its successor agency.
(e) "Designated caregiver" means a person who:
(1) is at least 21 years of age;
(2) has agreed to assist with a patient's medical use of marijuana;
(3) has not been convicted of an excluded felony offense; and
(4) assists no more than five qualifying patients with their medical use of marijuana.
(f) "Enclosed, locked facility" means a greenhouse, building, or other enclosed area equipped with locks or other
security devices that is on a registered compassion center’s property and permits access only the compassion center agents working for the registered compassion center.
(g) "Excluded felony offense" means:
(1) a violent crime defined in Title 11, §4214(b), that was classified as a felony in the jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, not including:
a. an offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed 10 or more years earlier; or
b. an offense that consisted of conduct for which this chapter would likely have prevented a conviction, but the conduct either occurred prior to the enactment of this chapter or was prosecuted by an authority other than the state of Delaware.
(h) "Marijuana" has the meaning given that term in Title 16, §4701(23).
(i) "Medical use" means the acquisition; administration; delivery; possession; transportation; transfer; transportation; or use of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
(j) "Physician" means a properly licensed physician subject to Chapter 17 and Chapter 19, Title 24 of the Delaware Code except as otherwise provided in this subsection. If the qualifying patient’s debilitating medical condition is post-traumatic stress disorder, the physician must also be a licensed psychiatrist. If the qualifying patient’s debilitating medical condition is glaucoma, the physician must also be a licensed ophthalmologist subject to Chapter 17, Title 24 of the Delaware Code. In relation to a visiting qualifying patient, “physician” means a person who is licensed with authority to prescribe drugs to humans and who may issue a written certifications or its equivalent in the state of the patient’s residence.
(k)"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
(l) “Registered compassion center” means a not-for-profit entity registered pursuant to §4914A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered qualifying patients.
(m) "Registry identification card" means a document issued by the Department that identifies a person as a registered qualifying patient or registered designated caregiver.
(n) “Registered safety compliance facility” means a nonprofit entity registered under §4915A by the Department to provide one or more of the following services: testing marijuana produced for medical use for potency and contaminants; and training cardholders and prospective compassion center agents. The training may include, but need not be limited to, information related to one or more of the following:
(1) the safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana;
(2) security and inventory accountability procedures; and
(3) up-to-date scientific and medical research findings related to medical marijuana.
(o) “Safety compliance facility agent” means a principal officer, board member, employee, or agent of a registered safety compliance facility who is 21 years of age or older and has not been convicted of an excluded felony offense.
(p) "Usable marijuana" means the flowers of the marijuana plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. It does not include the weight of any non-marijuana ingredients combined with marijuana, such as ingredients added to prepare a topical administration, food, or drink.
(q) “Verification system” means a phone or Web-based system established and maintained by the Department that is available to law enforcement personnel and compassion center agents on a twenty-four-hour basis for verification of registry identification cards.
(r) "Visiting qualifying patient" means a person who:
(1) has been diagnosed with a debilitating medical condition;
(2) possesses a valid registry identification card, or its equivalent, that was issued pursuant to the laws of
another state, district, territory, commonwealth, insular possession of the United States or country recognized by the United States that allows the person to use marijuana for medical purposes in the jurisdiction of issuance; and
(3) is not a resident of Delaware or who has been a resident of Delaware for less than 30 days.
(s) "Written certification" means a document dated and signed by a physician, stating that in the physician's
professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. A written certification shall be made only in the course of a bona fide physician-patient relationship where the qualifying patient is under the physician’s care for her or his primary care or for her or his debilitating medical condition after the physician has completed an assessment of the qualifying patient's medical history and current medical condition. The bona fide physician-patient relationship may not be limited to authorization for the patient to use medical marijuana or consultation for that purpose. The written certification shall specify the qualifying patient's debilitating medical condition.
§4903A. Protections for the Medical Use of Marijuana.
(a) A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marijuana pursuant to this chapter, if the registered qualifying patient does not possess more than 6 ounces of usable marijuana.
(b) A registered designated caregiver shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau:
(1) for assisting a registered qualifying patient to whom he or she is connected through the Department's registration process with the medical use of marijuana if the designated caregiver does not possess more than 6 ounces of usable marijuana for each qualifying patient to whom he or she is connected through the Department's registration process; and
(2) for receiving compensation for costs associated with assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the Department's registration process.
(c) A visiting qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marijuana pursuant to this chapter if the visiting qualifying patient does not possess more than 6 ounces of usable marijuana.
(d) A registered qualifying patient, visiting qualifying patient, or registered designated caregiver shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau:
(1) for possession of marijuana that is incidental to medical use, but is not usable marijuana as defined in this chapter; or
(2) for giving marijuana to a registered qualifying patient, a registered compassion center, or a registered designated caregiver for a registered qualifying patient's medical use where nothing of value is transferred in return, or for offering to do the same, if the person giving the marijuana does not knowingly cause the recipient to possess more marijuana than is permitted by this section.
(e) (1) There shall be a presumption that a qualifying patient is engaged in, or a designated caregiver is assisting with, the medical use of marijuana in accordance with this chapter if the qualifying patient or designated caregiver:
a. is in possession of a valid registry identification card; and
b. is in possession of an amount of marijuana that does not exceed the amount allowed under
§4903A(a)-(c).
(2) The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition in compliance with this chapter.
(f) A physician shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Delaware Medical Board or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, provided that nothing in this chapter shall be deemed to release a physician from the duty to exercise a professional standard of care for evaluating a patient’s medical condition.
(g) No person may be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:
(1) selling marijuana paraphernalia to a cardholder upon presentation of an unexpired registry identification card in the recipient’s name or to a compassion center agent or safety compliance facility agent upon presentation of an unexpired copy of the entity’s registration certificate;
(2) being in the presence or vicinity of the medical use of marijuana as allowed under this chapter; or
(3) assisting a registered qualifying patient with using or administering marijuana.
(h) A registered compassion center shall not be subject to prosecution; search or inspection, except by the Department pursuant to §4919A(u); seizure; or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, for:
(1) acting pursuant to this chapter and Department regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell, or dispense marijuana or related supplies and educational materials to registered qualifying patients and visiting qualifying patients who have designated the compassion center to provide for them, to registered designated caregivers on behalf of the registered qualifying patients who have designated the registered compassion center, or to other registered compassion centers; or
(2) selling or transferring marijuana seeds to entities that are licensed or registered in another jurisdiction to dispense marijuana for medical purposes.
(3) transferring marijuana to and from a registered safety compliance facility for the purposes of analytical testing.
(i) A compassion center agent shall not be subject to prosecution, search, or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, for working or volunteering for a registered compassion center pursuant to this chapter and Department regulations to perform the actions on behalf of a registered compassion center that are authorized by this chapter.
(j) A registered safety compliance facility and safety compliance facility agents acting on behalf of a registered safety compliance facility shall not be subject to prosecution; search, except by the Department pursuant to §4919A(u); seizure; or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, solely for acting in accordance with this chapter and Department regulations to provide the following services:
(1) acquiring or possessing marijuana obtained from registered compassion centers;
(2) returning the marijuana to the same registered compassion centers;
(3) transporting marijuana that was produced by registered compassion centers to or from those registered compassion centers;
(4) cultivating, manufacturing, and possessing marijuana for training and analytical testing;
(5) the production or sale of educational materials related to medical marijuana;
(6) the production, sale, or transportation of equipment or materials other than marijuana to registered
compassion centers, including lab equipment and packaging materials, that are used by registered
compassion centers;
(7) testing of medical marijuana samples, including for potency and contamination;
(8) providing training to prospective compassion center agents and compassion center agents, provided
that only compassion center agents and safety compliance facility agents may be allowed to possess or
cultivate marijuana and any possession or cultivation of marijuana must occur on the location registered
with the Department; and
(9) receiving compensation for actions allowed under this section.
(k) A visiting qualifying patient or an entity that is registered to dispense marijuana for medical use in other
jurisdictions shall not be subject to prosecution; search or inspection, except by the Department pursuant to §4919A(u); seizure; or penalty in any manner or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, for providing marijuana seeds to registered compassion centers.
(l) Any marijuana, marijuana paraphernalia, licit property, or interest in licit property that is possessed, owned, or
used in connection with the medical use of marijuana as allowed under this chapter, or acts incidental to such use, shall not be seized or forfeited. This chapter shall not prevent the seizure or forfeiture of marijuana exceeding the amounts allowed under this chapter nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the marijuana that is possessed, manufactured, transferred, or used pursuant to this chapter.
(m) Mere possession of, or application for, a registry identification card or registration certificate shall not
constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person, property, or home of the person possessing or applying for the registry identification card. The possession of, or application for, a registry identification card shall not preclude the existence of probable cause if probable cause exists on other grounds.
(n) For the purposes of Delaware state law, the medical use of marijuana by a cardholder or registered compassion
center shall be considered lawful as long as it is in accordance with this chapter.
(o) Where a state-funded or locally funded law enforcement agency encounters an individual who, during the
course of the investigation, credibly asserts that he or she is a registered cardholder, or encounters an entity whose personnel credibly assert that it is a registered compassion center, the law enforcement agency shall not provide any information from any marijuana-related investigation of the person to any law enforcement authority that does not recognize the protection of this chapter and any prosecution of the individual, individuals, or entity for a violation of this chapter shall be conducted pursuant to the laws of this state.
§4904A. Limitations.
(a) This chapter shall does not authorize any person to engage in, and does not prevent the imposition of any civil,
criminal, or other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice;
(2) Possessing marijuana, or otherwise engaging in the medical use of marijuana:
(A) in a school bus;
(B) on the grounds of any preschool or primary or secondary school; or
(C) in any correctional facility.
(3) Smoking marijuana:
(A) on any form of public transportation; or
(B) in any public place.
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana, except that a registered qualifying patient or visiting qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.
(5) Using marijuana if that person does not have a serious or debilitating medical condition.
(6) Transferring marijuana to any person who is not allowed to possess marijuana under this act.
§4905A. Discrimination Prohibited.
(a) (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.
(2) For the purposes of medical care, including organ transplants, a registered qualifying patient’s authorized use of marijuana in accordance with this chapter shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
(3) Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:
a. The person's status as a cardholder; or
b. A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.
(b) A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person's actions in relation to marijuana were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
(c) No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder.
§4906A. Addition of Debilitating Medical Conditions.
Any citizen may petition the Department to add conditions or treatments to the list of debilitating medical conditions listed in §4902A(c). The Department shall consider petitions in the manner required by Department regulation, including public notice and hearing. The Department shall approve or deny a petition within 180 days of its submission. The approval or denial of any petition is a final decision of the Department subject to judicial review. Jurisdiction and venue are vested in the Superior Court.
§4907A. Acts Not Required, Acts Not Prohibited.
(a) Nothing in this chapter requires:
(1) a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana;
(2) any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke marijuana on or in that property; or
(3) an employer to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.
(b) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.
(c) Nothing in this act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of marijuana where probable cause exists.
§4908A. Registration of Qualifying Patients and Designated Caregivers.
(a) The Department shall issue registry identification cards to qualifying patients who submit the following, in accordance with the Department's regulations:
(1) a written certification issued by a physician within 90 days immediately preceding the date of an application, except that in the case of a visiting qualifying patient, the visiting qualifying patient shall submit a copy of the visiting qualifying patient’s registry identification card or its equivalent that was issued pursuant to the laws of the jurisdiction of the person’s residence, proof of residency in the jurisdiction where the registry identification card or its equivalent was issued; and a certification by the visiting qualifying patient’s physician that he or she has a debilitating qualifying condition;
(2) the application or renewal fee;
(3) the name, address, and date of birth of the qualifying patient, except that if the applicant is homeless no address is required;
(4) the name, address, and telephone number of the qualifying patient's physician; and
(5) the name, address, and date of birth of the designated caregiver, if any, chosen by the qualifying patient, except that a visiting qualifying patient shall not have a designated caregiver;
(6) the name of the registered compassion center the qualifying patient designates, if any;
(7) a statement signed by the qualifying patient, pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter; and
(8) a signed statement from the designated caregiver, if any, agreeing to be designated as the patient’s designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(b) The application for qualifying patients' registry identification cards shall ask whether the patient would like the Department to notify him or her of any clinical studies needing human subjects for research on the medical use of marijuana. The Department shall notify interested patients if it is notified of studies that will be conducted in the United States.
§4909A. Issuance of Registry Identification Cards.
(a) Except as provided in subsection (b), 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 forty-five (45) days of receiving a completed application or renewal application.
(2) issue registry identification cards to a qualifying patient and his or her designated caregiver, if any, within thirty (30) days of approving the application or renewal. A designated caregiver must have a registry identification card for each of his 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 21 years of age.
§4910A. Denial of Registry Identification Cards.
(a) The Department shall deny an application or renewal of a qualifying patient’s registry identification card only if the applicant:
(1) did not provide the required information and materials;
(2) previously had a registry identification card revoked; or
(3) provided false or falsified information.
(b) The Department shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:
(1) the designated caregiver does not meet the requirements of §4902A(e)
(2) the applicant did not provide the information required;
(3) the designated caregiver previously had a registry identification card revoked; or
(4) the applicant or the designated caregiver provides false or falsified information.
(c) The Department shall conduct a background check of the prospective designated caregiver in order to carry out this provision.
(d) The Department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver.
(e) Denial of an application or renewal is considered a final Department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
§4911A. Registry Identification Cards.
(a) Registry identification cards shall contain all of the following:
(1) The name of the cardholder;
(2) A designation of whether the cardholder is a designated caregiver or qualifying patient;
(3) If the cardholder is a visiting qualifying patient, a designation as such, including the state of the patient’s residence;
(4) The date of issuance and expiration date of the registry identification card;
(5) A random 10-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder;
(6) If the cardholder is a designated caregiver, the random 10-digit alphanumeric identification number of the qualifying patient the designated caregiver is receiving the registry identification card to assist;
(7) A photograph of the cardholder, if the Department’s regulations require one; and
(8) The phone number or Web address for the verification system.
(b) (1) Except as provided in this subsection, the expiration date shall be one year after the date of issuance.
(2) If the physician stated in the written certification that the qualifying patient would benefit from marijuana until a specified earlier date, then the registry identification card shall expire on that date.
(3) If the patient is a visiting qualifying patient whose permission to use medical marijuana in the person’s home jurisdiction would expire sooner than one year after the issuance date, then the registry identification card shall expire on the date their home jurisdiction documentation would expire.
(c) The Department may, at its discretion, electronically store in the card all of the information listed in subsection (a), along with the address and date of birth of the cardholder, to allow it to be read by law enforcement agents.
§4912A. Notifications to Department and Responses; Civil Penalty.
(a) The following notifications and Department responses are required:
(1) A registered qualifying patient shall notify the Department of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her debilitating medical condition, within 10 days of the change.
(2) A registered designated caregiver shall notify the Department of any change in his or her name or address, or if the designated caregiver becomes aware the qualifying patient passed away, within 10 days of the change.
(3) Before a registered qualifying patient changes his or her designated caregiver, the qualifying patient must notify the Department.
(4) If a cardholder loses his or her registry identification card, he or she shall notify the Department within 10 days of becoming aware the card has been lost.
(b) When a cardholder notifies the Department of items listed in subsection (a), but remains eligible under this chapter, the Department shall issue the cardholder a new registry identification card with a new random 10-digit alphanumeric identification number within 10 days of receiving the updated information and a $20 fee. If the person notifying the Department is a registered qualifying patient, the Department shall also issue his or her registered designated caregiver, if any, a new registry identification card within 10 days of receiving the updated information.
(c) If a registered qualifying patient ceases to be a registered qualifying patient or changes his or her registered designated caregiver, the Department shall promptly notify the designated caregiver. The registered designated caregiver's protections under this chapter as to that qualifying patient shall expire 15 days after notification by the Department.
(d) A cardholder who fails to make a notification to the Department that is required by this section is subject to a civil infraction, punishable by a penalty of no more than $150.
(e) A registered qualifying patient shall notify the Department before changing his or her designated registered compassion center and pay a $20 fee. The Department must, within thirty (30) business days of receiving the notification, update the registered qualifying patient’s entry in the identification registry system to reflect the change in designation and notify the patient that the change has been processed.
(f) If the registered qualifying patient's certifying physician notifies the Department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the physician no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card shall become null and void. However, the registered qualifying patient shall have 15 days to dispose of his or her marijuana or give it to a registered compassion center where nothing of value is transferred in return.
§4913A. Affirmative Defense and Dismissal for Medical Marijuana.
(a) Except as provided in §4904A and this section, an individual may assert a medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for the patient’s medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence shows that:
(1) A physician states that, in the physician's professional opinion, after having completed a full assessment of the individual's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marijuana to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition; and
(2) The individual was in possession of no more than six ounces of usable marijuana; and
(3) The individual was engaged in the acquisition, possession, use, or transportation of marijuana, paraphernalia, or both, relating to the administration of marijuana to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition.
(b) The defense and motion to dismiss shall not prevail if the prosecution proves that
(1) the individual had a registry identification card revoked for misconduct; or
(2) the purposes for the possession of marijuana were not solely for palliative or therapeutic use by the individual with a serious or debilitating medical condition who raised the defense.
(c) An individual is not required to possess a registry identification card to raise the affirmative defense set forth in this section.
(d) If an individual demonstrates the individual's medical purpose for using marijuana pursuant to this section, except as provided in §4919A, the individual shall not be subject to the following for the individual's use of marijuana for medical purposes:
(1) disciplinary action by an occupational or professional licensing board or bureau; or
(2) forfeiture of any interest in or right to non-marijuana, licit property.
§4914A. Registration of Compassion Centers.
(a) Compassion centers may only operate if they have been issued a valid registration certificate from the Department. When applying for a compassion center registration certificate, the applicant shall submit the following in accordance with Department regulations:
(1) A non-refundable application fee in an amount determined by the Department’s regulations.
(2) The proposed legal name of the compassion center.
(3) The proposed physical address of the compassion center and the proposed physical address of any additional locations, if any, where marijuana will be cultivated, harvested, packaged, labeled, or otherwise prepared for distribution by the compassion center.
(4) The name, address, and date of birth of each principal officer and board member of the compassion center, provided that all such individuals shall be at least 21 years of age.
(5) Any instances in which a business or not-for-profit that any of the prospective board members managed or served on the board of was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding.
(6) Proposed operating bylaws that include procedures for the oversight of the compassion center and procedures to ensure accurate record keeping and security measures that are in accordance with the regulations issued by the Department pursuant to this chapter. The by-laws shall include a description of the enclosed, locked facility where medical marijuana will be grown, cultivated, harvested, packaged, labeled, or otherwise prepared for distribution by the compassion center.
(7) Any information required by the Department to evaluate the applicant pursuant to the competitive bidding process described in subsection (b).
(b) The Department shall evaluate applications for compassion center registration certificates using an impartial and numerically scored competitive bidding process developed by the Department in accordance with this chapter. The registration considerations shall consist of the following criteria:
(1) Documentation of not-for-profit status, consistent with §4919A(a).
(2) The suitability of the proposed location or locations, including but not limited to compliance with any local zoning laws and the geographic convenience to patients from throughout the state of Delaware to compassion centers if the applicant were approved.
(3) The principal officer and board members’ character and relevant experience, including any training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany, or marijuana cultivation and preparation and their experience running businesses or not-for-profits.
(4) The proposed compassion center’s plan for operations and services, including its staffing and training plans, whether it has sufficient capital to operate, and its ability to provide an adequate supply of medical marijuana to the registered patients in the state.
(5) The sufficiency of the applicant’s plans for record keeping.
(6) The sufficiency of the applicant’s plans for safety, security, and the prevention of diversion, including proposed locations and security devices employed.
(7) The applicant’s plan for making medical marijuana available on an affordable basis to registered qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance.
(8) The applicant’s plan for safe and accurate packaging and labeling of medical marijuana, including the applicant’s plan for ensuring that all medical marijuana is free of contaminants.
(c) No later than one year after the effective date of this chapter, provided that at least one application has been submitted from each county, the Department shall issue compassion center registration certificate to the highest scoring applicant in each county. If there are only applicants from one or two counties, no later than one year after the effective date of this chapter, the Department shall issue compassion center registration certificate to the highest scoring applicant in each county with an applicant.
(d) By two years after the effective date of this chapter, the Department shall issue registration certifications to at least three of the highest scoring applicants not already awarded a registration certificate, provided a sufficient number of qualified additional applicants have applied. If the Department determines, after reviewing the report issued pursuant to §4922A, that additional compassion centers are needed to meet the needs of registered qualifying patients throughout the state, the Department shall issue registration certificates to the corresponding number of applicants who score the highest.
(e) (1) At any time after two years after the effective date of this chapter that the number of outstanding and valid registered compassion center certificates is lower than the number of registration certificates the Department is required to issue pursuant to subsection (d), the Department shall accept applications for compassion centers and issue registration certificates to the corresponding number of additional applicants who score the highest while ensuring at least one compassion center is registered in each county.
(2) Notwithstanding subsections (c), (d), and (e)(1), an application for a compassion center registration certificate must be denied if any of the following conditions are met:
a. the applicant failed to submit the materials required by this section, including if the applicant’s plans do not satisfy the security, oversight, or recordkeeping regulations issued by the Department;
b. the applicant would not be in compliance with local zoning regulations issued in accordance with §4917A;
c. the applicant does not meet the requirements of §4919A;
d. one or more of the prospective principal officers or board members has been convicted of an excluded felony offense; and
e. one or more of the prospective principal officers or board members has served as a principal officer or board member for a registered compassion center that has had its registration certificate revoked; and
f. one or more of the principal officers or board members is younger than 21 years of age.
(f) After a compassion center is approved, but before it begins operations, it shall submit a registration fee to the Department in the amount determined by the Department’s regulations and, if a physical address had not been finalized when it applied, it shall submit a complete listing of all its physical addresses.
(g) When issuing a compassion center registration certificate, the Department shall also issue a renewable registration certificate with an identification number.
§4915A. Registration and Certification of Safety Compliance Facilities.
(a) Safety compliance facilities may only operate if they have been issued a valid registration certificate from the Department. When applying for a safety compliance facility registration certificate, the applicant shall submit the following in accordance with Department regulations:
(1) a non-refundable application fee in an amount determined by the Department’s regulations;
(2) the proposed legal name of the safety compliance facility;
(3) the proposed physical address of the safety compliance facility;
(4) the name, address, and date of birth of each principal officer and board member of the safety compliance facility, provided that all such individuals shall be at least 21 years of age;
(5) any instances in which a business or not-for-profit that any of the prospective board members managed or served on the board of was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding; and
(6) any information required by the Department to evaluate the applicant pursuant to the competitive bidding process described in subsection (b).
(b) The Department shall evaluate applications for safety compliance facility registration certificates using an impartial and numerically scored competitive bidding process developed by the Department in accordance with this chapter. The registration considerations shall consist of the following criteria:
(1) The proposed principal officers’ and board members’ relevant experience, including any training or professional licensing related to analytical testing, medicine, pharmaceuticals, natural treatments, botany, or marijuana cultivation, preparation, and testing and their experience running businesses or not-for-profits;
(2) The suitability of the proposed location, including compliance with any local zoning laws and the geographic convenience to compassion centers from throughout the state of Delaware to registered safety compliance facilities if the applicant were approved;
(3) The sufficiency of the applicant’s plans for safety, security, and the prevention of diversion, including proposed locations and security devices employed; and
(4) The proposed safety compliance facility’s plan for operations and services, including its staffing and training plans, and whether it has sufficient capital to operate.
(c) The Department shall issue at least one safety compliance facility registration certificate to the highest scoring applicant within one year of the effective date of this chapter.
(d) (1) The Department may issue additional safety compliance facility registration certificates to the highest scoring applicant or applicants. If the Department determines, after reviewing the report issued pursuant to §4922A, that additional safety compliance facilities are needed to meet the needs of cardholders and registered compassion centers throughout the state, the Department shall issue registration certificates to the corresponding number of applicants who score the highest.
(2) Notwithstanding subsections (c) and (d)(1), an application for a safety compliance facility registration certificate must be denied if any of the following conditions are met:
a. the applicant failed to submit the materials required by this section, including if the plans do not satisfy the security, oversight, or recordkeeping regulations issued by the Department;
b. the applicant would not be in compliance with local zoning regulations issued in accordance with §4917A;
c. the applicant does not meet the requirements of §4919A;
d. one or more of the prospective principal officers or board members has been convicted of an excluded felony offense;
e. one or more of the prospective principal officers or board members has served as a principal officer or board member for a registered safety compliance facility or registered compassion center that has had its registration certificate revoked; and
f. One or more of the principal officers or board members is younger than 21 years of age.
(e) After a safety compliance facility is approved, but before it begins operations, it shall submit a registration fee paid to the Department in the amount determined by Department regulation and, if a physical address had not been finalized when it applied, its physical address.
(f) When issuing a safety compliance facility registration certificate, the Department shall also issue a renewable registration certificate with an identification number. The Department shall also provide the registered safety compliance facility with the contact information for the verification system.
§4916A. Compassion Center and Safety Compliance Facilities Renewal.
Registration certificates may be renewed every two years. The registered compassion center or registered safety compliance facility may submit a renewal application beginning 90 days prior to the expiration of its registration certificate. The Department shall grant a renewal application within 30 days of its submission if the following conditions are all satisfied:
(a) the registered compassion center or registered safety compliance facility submits a renewal application and the required renewal fee, which shall be refunded within 30 days if the renewal application is rejected;
(b) the Department has not suspended the registered compassion center or registered safety compliance facility’s registration certificate for violations of this chapter or regulations adopted pursuant to this chapter; and
(c) the inspections authorized by §4919A(u) and the annual report, provided pursuant to §4922A, do not raise serious concerns about the continued operation of the registered compassion center or registered safety compliance facility applying for renewal.
§4917A. Local Ordinances.
Nothing shall prohibit local governments from enacting ordinances or regulations not in conflict with this chapter or with Department regulations regulating the time, place, and manner of registered compassion center operations and registered safety compliance facilities, provided that no local government may prohibit registered compassion center operation altogether, either expressly or though the enactment of ordinances or regulations which make registered compassion center and registered safety compliance facility operation unreasonably impracticable in the jurisdiction.
§4918A. Compassion Center and Safety Compliance Facility Agents.
(a) (1) Registered compassion centers and registered safety compliance facilities shall conduct a background check into the criminal history of every person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the registered compassion centers or registered safety compliance facility.
(2) A registered compassion center may not employ any person who:
a. was convicted of an excluded felony offense; or
b. is under 21 years of age.
(b) A registered compassion center or safety compliance facility agent must have documentation when
transporting marijuana on behalf of the registered safety compliance facility or registered compassion center that specifies the amount of marijuana being transported, the date the marijuana is being transported, the registry ID certificate number of the registered compassion center or registered safety compliance facility, and a contact number to verify that the marijuana is being transported on behalf of the registered compassion center or registered safety compliance facility.
§4919A. Requirements, Prohibitions, Penalties.
(a) A registered compassion center shall be operated on a not-for-profit basis. The by-laws of a registered compassion center shall contain such provisions relative to the disposition of revenues to establish and maintain its not-for-profit character. A registered compassion center need not be recognized as tax-exempt by the Internal Revenue Service and is not required to incorporate pursuant to Title 8 of the Delaware Code.
(b) The operating documents of a registered compassion center shall include procedures for the oversight of the registered compassion center and procedures to ensure accurate recordkeeping.
(c) A registered compassion center and a registered safety compliance facility shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(d) A registered compassion center and a registered safety compliance facility may not be located within 500 feet of the property line of a preexisting public or private school.
(e) A registered compassion center is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any purpose except to assist registered qualifying patients with the medical use of marijuana directly or through the qualifying patients' designated caregivers.
(f) All cultivation of marijuana for registered compassion centers must take place in an enclosed, locked location at the physical address or addresses provided to the Department during the registration process, which can only be accessed by compassion center agents working or volunteering for the registered compassion center.
(g) A registered compassion center may not purchase usable marijuana or mature marijuana plants from any person other than another registered compassion center.
(h) Before marijuana may be dispensed to a designated caregiver or a registered qualifying patient, a compassion center agent must determine that the individual is a current cardholder in the verification system and must verify each of the following:
(1) that the registry identification card presented to the registered compassion center is valid;
(2) that the person presenting the card is the person identified on the registry identification card presented to the compassion center agent; and
(3) that the registered compassion center is the designated compassion center for the registered qualifying patient who is obtaining the marijuana directly or via his or her designated caregiver.
(i) A registered compassion center shall not dispense more than 3 ounces of marijuana to a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. Registered compassion centers shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much marijuana is being dispensed to the registered qualifying patient and whether it was dispensed directly to the registered qualifying patient or to the designated caregiver. Each entry must include the date and time the marijuana was dispensed.
(j) A registered compassion center or compassion center agent shall only dispense marijuana to a visiting qualifying patient if he or she possesses a valid Delaware registry identification card and if the procedures in sections (h) and (i) are followed.
(k) No person may advertise medical marijuana sales in print, broadcast, or by paid in-person solicitation of customers. This shall not prevent appropriate signs on the property of the registered compassion center, listings in business directories including phone books, listings in trade or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events.
(l) A registered compassion center shall not share office space with nor refer patients to a physician.
(m) A physician shall not refer patients to a registered compassion center or registered designated caregiver, advertise in a registered compassion center, or, if the physician issues written certifications, hold any financial interest in a registered compassion center.
(n) No person who has been convicted of an excluded felony offense may be a compassion center agent.
(o) The Department shall issue a civil fine of up to $3,000 for violations of this section.
(p) The Department shall suspend or revoke a registration certificate for serious or multiple violations of this chapter and regulations issued in accordance with this chapter. A registered compassion center may continue to cultivate and possess marijuana plants during a suspension, but it may not dispense, transfer, or sell marijuana.
(q) The suspension or revocation of a certificate is a final Department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
(r) Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter shall have his or her registry identification card revoked and shall be subject to other penalties for the unauthorized sale of marijuana.
(s) Any registered qualifying patient, registered designated caregiver, compassion center agent, or safety compliance facility agent who sells marijuana to someone who is not allowed to use marijuana for medical purposes under this is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marijuana.
(t) The Department shall revoke the registry identification card of any cardholder who knowingly commits multiple or serious violations of this chapter.
(u) Registered compassion centers are subject to random and reasonable inspection by the Department. The Department shall give reasonable notice of an inspection under this paragraph.
(v) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a class B misdemeanor which may be punishable by up to 6 months incarceration at Level V under §4204 of the Delaware Code and a fine of up to $1,150, as the court deems appropriate which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this act and jurisdiction for prosecution shall be exclusively in Superior Court.
§4920A. Confidentiality.
(a) The following information received and records kept by the Department for purposes of administering this chapter are confidential and exempt from the Delaware Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the Department to perform official duties pursuant to this chapter:
(1) Applications and renewals, their contents, and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians.
(2) Applications and renewals, their contents, and supporting information submitted by or on behalf of compassion centers and safety compliance facilities in compliance with this chapter, including their physical addressees.
(3) The individual names and other information identifying persons to whom the Department has issued registry identification cards.
(4) Any dispensing information required to be kept under §4919A or Department regulation shall identify cardholders and registered compassion centers by their registry identification numbers and not contain names or other personally identifying information.
(5) Any Department hard drives or other data-recording media that are no longer in use and that contain cardholder information must be destroyed. The Department shall retain a signed statement from a Department employee confirming the destruction.
(6) Data subject to this section shall not be combined or linked in any manner with any other list or database and it shall not be used for any purpose not provided for in this chapter.
(b) Nothing in this section precludes the following:
(1) Department employees shall notify law enforcement about falsified or fraudulent information submitted to the Department if the employee who suspects that falsified or fraudulent information has been submitted conferred with his or her supervisor and both agree that circumstances exist that warrant reporting.
(2) The Department shall notify state or local law enforcement about apparent criminal violations of this chapter if the employee who suspects the offense has conferred with his or her supervisor and both agree that circumstances exist that warrant reporting.
(3) Compassion center agents shall notify the Department of a suspected violation or attempted violation of this chapter or the regulations issued pursuant to it.
(4) The Department shall verify registry identification cards pursuant to 4921A.
(5) The submission of the §4922A report to the legislature.
(c) It shall be a misdemeanor punishable by up to 180 days in jail and a $1,000 fine for any person, including an employee or official of the Department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter and jurisdiction for prosecution shall be exclusively in Superior Court.
§4921A. Registry Identification and Registration Certificate Verification.
(a) The Department shall maintain a confidential list of the persons to whom the Department has issued registry identification cards and their addresses, phone numbers, and registry identification numbers. This confidential list shall not be combined or linked in any manner with any other list or database, nor shall it be used for any purpose not provided for in this chapter.
(b) Within 120 days of the effective date of this chapter, the Department shall establish a verification system. The verification system must allow law enforcement personnel, compassion center agents, and safety compliance facility agents to enter a registry identification number to determine whether or not the number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid; whether the cardholder is a registered qualifying patient or a registered designated caregiver; the registry identification number of the registered compassion center designated to serve the registered qualifying patient; and, if the cardholder is a registered designated caregiver, the registry identification number of the registered qualified patient who is assisted by the cardholder.
(c) The Department shall, with a cardholder’s permission, confirm his or her status as a registered qualifying patient or registered designated caregiver to a landlord, employer, school, medical professional, or court.
(d) The Department shall disclose the names of any person whose registry identification card was revoked to any court where the person is seeking to assert the protections of 4913A.
§4922A. Annual Reports.
(a) (1) The legislature shall appoint a nine-member oversight committee comprised of: one member of the House of Representatives; one representative of the Department; one member of the Senate; one physician with experience in medical marijuana issues; one nurse; one board member or principal officer of a registered safety compliance facility; one individual with experience in policy development or implementation in the field of medical marijuana; and three registered patients.
(2) The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the legislature and the Department regarding:
a. The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical marijuana.
b. The effectiveness of the registered compassion centers, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the registered qualifying patients of Delaware.
c. The effectiveness of the registered safety compliance facility or facilities, including whether a sufficient number are operating.
d. The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the Department to ensure that access to and use of marijuana cultivated is provided only to cardholders authorized for such purposes.
e. Any recommended additions or revisions to the Department regulations or this chapter, including relating to security, safe handling, labeling, and nomenclature.
f. Any research studies regarding health effects of medical marijuana for patients.
(b) The Department shall submit to the legislature an annual report that does not disclose any identifying information about cardholders, registered compassion centers, or physicians, but does contain, at a minimum, all of the following information:
(1) the number of applications and renewals filed for registry identification cards;
(2) the number of qualifying patients and designated caregivers approved in each county;
(3) the nature of the debilitating medical conditions of the qualifying patients;
(4) the number of registry identification cards revoked for misconduct;
(5) the number of physicians providing written certifications for qualifying patients,
(6) the number of registered compassion centers, and
(7) specific accounting of fees and costs.
§4923A. Department to Issue Regulations.
Not later than 120 days after the effective date of this chapter, the Department shall promulgate regulations:
(a) governing the manner in which the Department shall consider petitions from the public to add debilitating
medical conditions or treatments to the list of debilitating medical conditions set forth in §4902A(c) of this chapter, including public notice of and an opportunity to comment in public hearings on the petitions;
(b) establishing the form and content of registration and renewal applications submitted under this chapter;
(c) governing the manner in which it shall consider applications for and renewals of registry identification cards;
and
(d) governing the following matters related to registered compassion centers, with the goal of protecting against
diversion and theft, without imposing an undue burden on the registered compassion centers or compromising the confidentiality of cardholders:
(1) minimum oversight requirements for registered compassion centers;
(2) minimum recordkeeping requirements for registered compassion centers;
(3) minimum security requirements for registered compassion centers, which shall include that each
registered compassion center location must be protected by a fully operational security alarm system;
(4) the competitive scoring process addressed in §4914A and §4915A; and
(5) procedures for suspending or terminating the registration certificates or registry identification cards of
cardholders, registered compassion centers, and registered safety compliance facilities that commit multiple or serious violations of the provisions of this chapter or the regulations promulgated pursuant to this section.
(e) requiring application and renewal fees for registry identification cards, and registered compassion center
registration certificates, according to the following:
(1) the total fees collected must generate revenues sufficient to offset all expenses of implementing and
administering this chapter, except that fee revenue may be offset or supplemented by private donations;
(2) the total amount of revenue from application, renewal, and registration fees for compassion centers
and security compliance facilities shall be sufficient to implement and administer the compassion center and safety compliance facility provisions of this chapter;
(3) the Department may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income; and
(4) the Department may accept donations from private sources to reduce application and renewal fees.
§4924A. Enforcement of this Chapter.
(a) If the Department fails to adopt regulations to implement this chapter within the times provided for in this chapter, any citizen may commence an action in Superior Court to compel the Department to perform the actions mandated pursuant to the provisions of this chapter.
(b) If the Department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this chapter within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.
(c) If at any time after the 140 days following the effective date of this chapter the Department has not established a process for accepting and approving or denying applications, a notarized statement by a qualifying patient containing the information required in an application pursuant to §4908A(a)(2-8) together with a written certification issued by a physician within 90 days immediately preceding the notarized statement, shall be deemed a valid registry identification card for all purposes under this chapter.
§4925A. Severability.
Any section of this chapter being held invalid as to any person or circumstance shall not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.
§4926A. Date of Effect.
This chapter shall take effect upon its enactment into law.

SYNOPSIS
This legislation is based on the Marijuana Policy Project’s model medical marijuana legislation. The Bill creates an exception to a state’s criminal laws to permit the doctor-recommended medical use of marijuana by patients with serious medical conditions. A patient would only be protected from arrest of controlled substance laws if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. The patient would send a copy of the written certification to the state Department of Health and Social Services and the Department would issue an ID card after verifying the information. Police officers could verify an ID card’s validity with the Department. As long as the patient is in compliance with the law, there would be no arrest.
Patients would be allowed to possess up to 6 ounces for their medical use. Six ounces is less than the federal government has determined is a one-month supply for patients in the Compassionate Investigational New Drug Program.
The legislation allows them to designate a caregiver who would also receive an ID card. Each caregiver may assist no more than five qualifying patients.
The legislation would allow for the state-regulated, non-profit distribution of medical marijuana. The Department of Health and Social Services would issue registration certificates to qualified applicants, who would have to abide by the rules on security, recordkeeping, and oversight provided for by the model medical marijuana legislation, in addition to any additional rules that the Department may develop. All dispensaries would be subject to random inspection and all of their staff would have to register with the Department of health. It is important that the law provide for both caregivers and dispensaries, since patients in rural areas are unlikely to have access to dispensaries, and because many low-income patients will not be able to afford medical marijuana at dispensaries. In addition, very ill patients would need a caregiver to pick up their medicine for them.

www.legis.delaware.gov