ARTICLE: ( Delaware News Zap) Proposed medical marijuana regulations in Delaware allow for patient and caregiver ID cards.

DOVER - Patient and caregiver identification cards are among the new proposed medical marijuana regulations the state hopes will continue a path toward fully implementing the Delaware Medical Marijuana Act that was signed into law in May 2011.

The new proposed guidelines unveiled in the April edition of the Delaware Register of Regulations stated that the Department of Health and Social Services (DHSS) shall issue a registry card to applicant patients upon written certification of a physician. Required information by the State of Delaware Medical Marijuana Code includes medical justification from a physician of the patients debilitating condition and length of time the patient has been under the physician's care.

Also, the DHSS will give identification cards to primary caregivers for the purpose of managing the well-being of one to five qualified patients. The agency will contact the Delaware Division of Professional Regulation to verify to involved physician's good standing to practice medicine in the state; the designated caregivers must also pass a criminal background check.

The DHSS will issue a 10-digit identification card within 30 days of an approved application of the patient or primary caregiver.

"The ID cards are for individuals who have legitimate medical needs," said the state's Chief Legal Counsel Michael Barlow. "We hope this will give them more comfort and security knowing they are less likely to face prosecution for violating state marijuana laws."
Guidelines for registration and operation of compassion centers and testing facility centers were labeled as "RESERVED" in the DHSS's regulations and no further information was included.

Categories for both centers included general requirements for operation, security requirements, operations manual, required training, personnel records, application for operation of center, complete application required, center application review criteria, issuance of a registration certificate authorizing operation, registry cards for principal officers, board members, agents, volunteers or employees of a center, expiration date, expiration, termination or renewal of a registration certificate authorizing operation of a center, non-transferrable registration certificate authorizing operation of a center, maximum amount of usable marijuana to be dispensed and inspection.

"Before we proceed with the compassion care centers we want to get more of a clarification of what federal guidelines will be enforced," Mr. Barlow said. "The aim of the General Assembly when passing Senate Bill 17 was to established a well-regulated system that has a tightly controlled distribution method."

In mid-February, Gov. Jack Markell halted the state's medical marijuana program after his office received a letter from Delaware District Attorney Charles M. Oberly III confirming that state employees could be arrested under federal law for taking part in "unlawful cultivation and distribution of marijuana." Thus, the governor was concerned that compassion centers where medical marijuana was to be distributed could jeopardize the legal status of the employees.

The state remains committed to enacting the program, and the $481,100 budgeted for implementation remained in the fiscal year 2013 budget as legislators and state health officials worked on alternatives.

According to the DHSS, any person can submit written suggestions, testimony, briefs or other written materials concerning the proposed regulations to Deborah Harvey at the Division of Public Health by April 30. Correspondence can be sent to Ms. Harvey at 417 Federal Street, Dover, De. 19901, by emailing Deborah.Harvey@state.de.us, phoning 744-4700 or faxing 739-6659.

Copies of the proposed regulations are available online at regulations.delaware.gov or by calling the Health Systems Protection Section at 744-4705.