Delaware Governor Signs Medical Marijuana Law

[Jim Finnel]

Delaware Gov. Jack Markell signed Senate Bill 17 today, his spokesman said, making Delaware the 16th fully legal medical marijuana state in the country.

SB 17 legalizes possession of up to six ounces of marijuana for qualified patients and tasks the Department of Health and Social Services with administering a program to open three non-profit compassion centers within one year. The legislation also prohibits public use of medical marijuana and driving under its influence.

Patients would qualify under a long list of ailments -- including chronic, debilitating pain -- and can designate a caregiver. Caregivers could maintain up to five patients. DHSS will also issue identification cards to patients and caregivers, which would prevent arrest for drug law violations.

Marijuana Policy Project spokesman Morgan Fox said the passage of SB 17 occurs amid unprecedented new federal intimidation of states through letters from local U.S. attorneys. About a dozen such letters have gone out.

"We're very happy to see state legislators and executives that are doing what's best for the people of their state," and are not letting themselves be intimidated by the letters, Fox said to The MJ Business Update.

He said that while these letters may have appeared to be very threatening, there have been no raids of facilities that were in clear and unambiguous compliance with their state laws since a 2009 Department of Justice memo. And there's been no prosecution of state employees who administered state laws.

"So just because the U.S. attorneys were saying they could prosecute, their track record has shown they will not, and we encourage states to try and regulate dispensaries despite these warnings," Fox said.

Earlier this week, the Maryland governor signed a bill that eliminated the possibility of a criminal conviction as part of an affirmative defense, but patients may still be subject to arrest and a fine.



NewsHawk: Jim Behr: 420 MAGAZINE
Source: mjbusinessreport.com
Copyright: 2011 DealFlow Media, Inc.
Contact: Contact DealFlow Media
Website: Delaware Governor Signs Medical Marijuana Law

 

[Keith Lake]

Do we have the bill?

I'm interested in how they treated the whole "home grown" aspect

Congrats Delaware!

 

[demp5294]

No home grown this helps keep it in governments hands,but it's definably a good step,but somehow they still call it schedule 1 while big pharma takes compounds for it's use.

 

[Jim Finnel]

146th General Assembly
Senate Bill # 17 w/SA 3, SA 4 + HA 6, HA 7


Primary Sponsor: Henry
Additional Sponsor(s): Rep. Keeley
CoSponsors: Sens. Marshall, Peterson, Sorenson, Venables; Reps. Barbieri, George, Kowalko, Manolakos, Mulrooney, Schooley, B. Short, Viola

Introduced on : 01/25/2011
Long Title:
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING THE DELAWARE MEDICAL MARIJUANA ACT.

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.
The Bill maintains commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana. Employers are not required to allow patients to be impaired at work or to allow the possession of marijuana at a workplace. Insurance providers would not have to cover medical marijuana.


Source and more information: www.legis.delaware.gov - Official web site of First State Legislature

 

[demp5294]

I'm looking for the part that explains who's qualified to be a MMJ patient in their eyes exactly.So I can figure if I'm in, or am I still an Illegal.

 

[Jim Finnel]

I'm looking for the part that explains who's qualified to be a MMJ patient in their eyes exactly.So I can figure if I'm in, or am I still an Illegal.

Have you tried the link I gave?
www.legis.delaware.gov - Official web site of First State Legislature

 

[demp5294]

It's a long read,but I should be in. Now we have to see how long it takes them to set up the program since they will have all of the control.I will be writing my state Representatives. I know I won't be first but want to be in that wave.

 

[demp5294]

I wrote My state rep and ask what to do next his answer was we are given a year to set this program up.