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 and 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, Arizona, 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 chapter does not put the State of Delaware in violation of federal law. (g) State law should make a distinction between the medical and nonmedical uses of marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical conditions, as well as their health-care practitioners and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana. 78 Del. Laws, c. 23, §  1 ; 83 Del. Laws, c. 48, § 1 ; § 4902A Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective until May 21, 2027]. For purposes of this chapter: (1) “Cardholder” means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card. (2) “Commissioner” means as defined in § 1302 of Title 4. (3) “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 or drug misdemeanor within 5 years. (4) “Department” means the Delaware Department of Safety and Homeland Security or its successor agency. (5) “Designated caregiver” means a person who: a. Is at least 21 years of age unless the person is the parent or legal guardian of a minor who is a qualifying patient; b. Has agreed to assist with a patient’s medical use of marijuana; c. Has not been convicted of an excluded felony offense; and d. Assists no more than 5 qualifying patients with their medical use of marijuana. (6) “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 to the compassion center agents working for the registered compassion center. (7) “Excluded felony offense” means: (a) A violent crime defined in § 4201(c) of Title 11, that was classified as a felony in the jurisdiction where the person was convicted; or (b) 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: (1) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed 10 or more years earlier; or (2) An offense that consisted of conduct for which this chapter would likely have prevented a conviction, but the conduct either occurred prior to July 1, 2011, or was prosecuted by an authority other than the State of Delaware. (8) “Health-care practitioner” means an individual who is licensed and authorized to write medical orders under Title 24 as a physician, advanced practice registered nurse, or physician associate, except as otherwise provided in this paragraph. If the qualifying patient is younger than 18 years of age, the health-care practitioner must be a physician who is a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, pediatric psychiatrist, developmental pediatrician, or pediatric palliative care specialist. (9) “Intractable epilepsy” means an epileptic seizure disorder for which standard medical treatment does not prevent or significantly ameliorate recurring, uncontrolled seizures or for which standard medical treatment results in harmful side effects. (10) “Labor organization” means a bona fide labor organization of any kind, including an employee representation committee, group, or association, in which employees participate and which exists and is constituted for the purpose, in whole or in part, of collective bargaining or otherwise dealing with compassion center or safety compliance facility employers concerning grievances, labor disputes, terms or conditions of employment, including wages and rates of pay, or other mutual aid or protection in connection with employment, and is characterized by 1 or more of the following: a. Being a party to 1 or more executed collective bargaining agreements with medical or personal use marijuana employers, in this State or another state. b. Having a written constitution or bylaws in the 3 immediately preceding years. c. Filing the annual financial report required of labor organizations under 29 U.S.C. § 431(b) or having at least 1 audited financial report in the 3 immediately preceding years. d. Being affiliated with any regional or national association of unions, including state and federal labor councils. e. Being a member of a national labor organization that has at least 500 general members in a majority of the 50 states of the United States. (11) “Labor peace agreement” means an agreement between a labor organization and a registered compassion center or registered safety compliance facility employer that, at a minimum, includes all of the following: a. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. b. Prohibits the employer from disrupting efforts by the labor organization to communicate with and attempt to organize and represent employees. c. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. (12) “Marijuana” has the meaning given that term in § 4701 of this title. (13) “Medical condition” means 1 or more of the following: a. Terminal illness, cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, decompensated cirrhosis, amyotrophic lateral sclerosis, agitation of Alzheimer’s disease, post-traumatic stress disorder, intractable epilepsy, seizure disorder, glaucoma, chronic debilitating migraines, new daily persistent headache, or the treatment of these conditions. b. A chronic or debilitating disease or medical condition or its treatment that produces 1 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 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; severe and persistent muscle spasms, including those characteristic of multiple sclerosis. c. Any other diagnosed medical condition or disease for which a health-care practitioner determines a patient would receive palliative or therapeutic benefit from the use of medical marijuana. (14) “Medical marijuana oil” means any of the following: a. “Cannabidiol oil” which is a processed Cannabis plant extract that contains at least 15% cannabidiol but no more than 7% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of cannabidiol per milliliter but not more than 7% tetrahydrocannabinol. b. “THC-A oil” which is a processed Cannabis plant extract that contains at least 15% tetrahydrocannabinol acid but not more than 7% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of tetrahydrocannabinol acid per milliliter but not more than 7% tetrahydrocannabinol. c. Any change in the oil formulation which is made by the Commissioner. (15) “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 medical condition or symptoms associated with the patient’s medical condition. (16) “Physician” means a properly licensed physician subject to Chapter 17 of Title 24 except as otherwise provided in this paragraph. If the qualifying patient is younger than 18 years of age, the physician must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist. (17) “Qualifying patient” means an individual who meets the qualifications to receive a registry identification card under this chapter. (18) “Registered compassion center” means a not-for-profit entity registered pursuant to § 4914A of this title that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered qualifying patients who have designated the dispenser to cultivate marijuana for their medical use and the registered designated caregivers of these patients. (19) “Registered safety compliance facility” means a nonprofit entity registered under § 4915A of this title by the Commissioner to provide 1 or more of the following services: testing marijuana produced for medical use or under Chapter 13 of Title 4 for potency and contaminants; and training cardholders, compassion center agents, and owners and employees of entities operating under Chapter 13 of Title 4. The training may include, but need not be limited to, information related to 1 or more of the following: a. The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana; b. Security and inventory accountability procedures; and c. Up-to-date scientific and medical research findings related to medical marijuana. (20) “Registry identification card” means a document issued by the Commissioner that identifies a person as 1 of the following: a. A registered qualifying adult patient. b. A registered designated caregiver for a qualifying adult patient. c. A registered designated caregiver for a pediatric patient. d.-h. [Repealed.] (21) “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. (22) “Terminal illness” means any disease, illness or condition sustained by any human being: a. For which there is no reasonable medical expectation of recovery; b. Which, as a medical probability, will result in the death of such human being regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life or the life processes; and c. As a result of which, the human being’s health-care practitioner would not be surprised if death were to occur within 12 months. (23) “Usable marijuana” means the dried leaves and flowers of the marijuana plant and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments, other preparations including medical marijuana oil, but does not include the seeds, stalks, and roots of the plant. It does not include the weight of any nonmarijuana ingredients combined with marijuana, such as ingredients added to prepare a topical administration, food, or drink. (24) “Verification system” means a phone or Web-based system that is available to law-enforcement personnel and compassion center agents on a 24-hour basis for verification of registry identification cards. (25) “Written certification” means a document dated and signed by a health-care practitioner, stating that in the health-care practitioner’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 medical condition or symptoms associated with the medical condition. A written certification shall be made only in the course of a bona fide health-care practitioner-patient relationship where the qualifying patient is under the health-care practitioner’s care for the patient’s primary care or for the patient’s medical condition after the health-care practitioner has completed an assessment of the qualifying patient’s medical history and current medical condition. The bona fide health-care practitioner-patient relationship may not be limited to authorization for the patient to use medical marijuana or consultation for that purpose. The written certification must specify the qualifying patient’s medical condition, and, if applicable, that the medical condition is a terminal illness. 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 39, §  1 ; 80 Del. Laws, c. 406, §  1 ; 81 Del. Laws, c. 61, §  1 ; 81 Del. Laws, c. 383, § 1 ; 82 Del. Laws, c. 43, § 1 ; 82 Del. Laws, c. 213, § 1 ; 82 Del. Laws, c. 246, § 1 ; 83 Del. Laws, c. 48, § 2 ; 83 Del. Laws, c. 445, § 1 ; 83 Del. Laws, c. 463, § 1 ; 84 Del. Laws, c. 24, § 2 ; 84 Del. Laws, c. 264, § 1 ; 84 Del. Laws, c. 300, § 1 ; 85 Del. Laws, c. 253, § 9 ; § 4902A Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective May 21, 2027]. For purposes of this chapter: (1) “Cardholder” means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card. (2) “Commissioner” means as defined in § 1302 of Title 4. (3) “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 or drug misdemeanor within 5 years. (4) “Department” means the Delaware Department of Safety and Homeland Security or its successor agency. (5) “Designated caregiver” means a person who: a. Is at least 21 years of age unless the person is the parent or legal guardian of a minor who is a qualifying patient; b. Has agreed to assist with a patient’s medical use of marijuana; c. Has not been convicted of an excluded felony offense; and d. Assists no more than 5 qualifying patients with their medical use of marijuana. (6) “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 to the compassion center agents working for the registered compassion center. (8) “Health-care facility” means a general hospital licensed pursuant to § 1001(b)(1) of this title. (9) “Health-care practitioner” means an individual who is licensed and authorized to write medical orders under Title 24 as a physician, advanced practice registered nurse, or physician associate, except as otherwise provided in this paragraph. If the qualifying patient is younger than 18 years of age, the health-care practitioner must be a physician who is a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, pediatric psychiatrist, developmental pediatrician, or pediatric palliative care specialist. (10) “Intractable epilepsy” means an epileptic seizure disorder for which standard medical treatment does not prevent or significantly ameliorate recurring, uncontrolled seizures or for which standard medical treatment results in harmful side effects. (11) “Labor organization” means a bona fide labor organization of any kind, including an employee representation committee, group, or association, in which employees participate and which exists and is constituted for the purpose, in whole or in part, of collective bargaining or otherwise dealing with compassion center or safety compliance facility employers concerning grievances, labor disputes, terms or conditions of employment, including wages and rates of pay, or other mutual aid or protection in connection with employment, and is characterized by 1 or more of the following: a. Being a party to 1 or more executed collective bargaining agreements with medical or personal use marijuana employers, in this State or another state. b. Having a written constitution or bylaws in the 3 immediately preceding years. c. Filing the annual financial report required of labor organizations under 29 U.S.C. § 431(b) or having at least 1 audited financial report in the 3 immediately preceding years. d. Being affiliated with any regional or national association of unions, including state and federal labor councils. e. Being a member of a national labor organization that has at least 500 general members in a majority of the 50 states of the United States. (12) “Labor peace agreement” means an agreement between a labor organization and a registered compassion center or registered safety compliance facility employer that, at a minimum, includes all of the following: a. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. b. Prohibits the employer from disrupting efforts by the labor organization to communicate with and attempt to organize and represent employees. c. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. (13) “Marijuana” has the meaning given that term in § 4701 of this title. (14) “Medical condition” means 1 or more of the following: a. Terminal illness, cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, decompensated cirrhosis, amyotrophic lateral sclerosis, agitation of Alzheimer’s disease, post-traumatic stress disorder, intractable epilepsy, seizure disorder, glaucoma, chronic debilitating migraines, new daily persistent headache, or the treatment of these conditions. b. A chronic or debilitating disease or medical condition or its treatment that produces 1 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 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; severe and persistent muscle spasms, including those characteristic of multiple sclerosis. c. Any other diagnosed medical condition or disease for which a health-care practitioner determines a patient would receive palliative or therapeutic benefit from the use of medical marijuana. (15) “Medical marijuana oil” means any of the following: a. “Cannabidiol oil” which is a processed Cannabis plant extract that contains at least 15% cannabidiol but no more than 7% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of cannabidiol per milliliter but not more than 7% tetrahydrocannabinol. b. “THC-A oil” which is a processed Cannabis plant extract that contains at least 15% tetrahydrocannabinol acid but not more than 7% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of tetrahydrocannabinol acid per milliliter but not more than 7% tetrahydrocannabinol. c. Any change in the oil formulation which is made by the Commissioner. (16) “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 medical condition or symptoms associated with the patient’s medical condition. (17) “Physician” means a properly licensed physician subject to Chapter 17 of Title 24 except as otherwise provided in this paragraph. If the qualifying patient is younger than 18 years of age, the physician must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist. (18) “Qualifying patient” means an individual who meets the qualifications to receive a registry identification card under this chapter. (19) “Registered compassion center” means a not-for-profit entity registered pursuant to § 4914A of this title that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered qualifying patients who have designated the dispenser to cultivate marijuana for their medical use and the registered designated caregivers of these patients. (20) “Registered safety compliance facility” means a nonprofit entity registered under § 4915A of this title by the Commissioner to provide 1 or more of the following services: testing marijuana produced for medical use or under Chapter 13 of Title 4 for potency and contaminants; and training cardholders, compassion center agents, and owners and employees of entities operating under Chapter 13 of Title 4. The training may include, but need not be limited to, information related to 1 or more of the following: a. The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana; b. Security and inventory accountability procedures; and c. Up-to-date scientific and medical research findings related to medical marijuana. (21) “Registry identification card” means a document issued by the Commissioner that identifies a person as 1 of the following: a. A registered qualifying adult patient. b. A registered designated caregiver for a qualifying adult patient. c. A registered designated caregiver for a pediatric patient. d.-h. [Repealed.] (22) “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. (23) “Terminal illness” means any disease, illness or condition sustained by any human being: a. For which there is no reasonable medical expectation of recovery; b. Which, as a medical probability, will result in the death of such human being regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life or the life processes; and c. As a result of which, the human being’s health-care practitioner would not be surprised if death were to occur within 12 months. (24) “Usable marijuana” means the dried leaves and flowers of the marijuana plant and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments, other preparations including medical marijuana oil, but does not include the seeds, stalks, and roots of the plant. It does not include the weight of any nonmarijuana ingredients combined with marijuana, such as ingredients added to prepare a topical administration, food, or drink. (25) “Verification system” means a phone or Web-based system that is available to law-enforcement personnel and compassion center agents on a 24-hour basis for verification of registry identification cards. (26) “Written certification” means a document dated and signed by a health-care practitioner, stating that in the health-care practitioner’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 medical condition or symptoms associated with the medical condition. A written certification shall be made only in the course of a bona fide health-care practitioner-patient relationship where the qualifying patient is under the health-care practitioner’s care for the patient’s primary care or for the patient’s medical condition after the health-care practitioner has completed an assessment of the qualifying patient’s medical history and current medical condition. The bona fide health-care practitioner-patient relationship may not be limited to authorization for the patient to use medical marijuana or consultation for that purpose. The written certification must specify the qualifying patient’s medical condition, and, if applicable, that the medical condition is a terminal illness. 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 39, §  1 ; 80 Del. Laws, c. 406, §  1 ; 81 Del. Laws, c. 61, §  1 ; 81 Del. Laws, c. 383, § 1 ; 82 Del. Laws, c. 43, § 1 ; 82 Del. Laws, c. 213, § 1 ; 82 Del. Laws, c. 246, § 1 ; 83 Del. Laws, c. 48, § 2 ; 83 Del. Laws, c. 445, § 1 ; 83 Del. Laws, c. 463, § 1 ; 84 Del. Laws, c. 24, § 2 ; 84 Del. Laws, c. 264, § 1 ; 84 Del. Laws, c. 300, § 1 ; 85 Del. Laws, c. 253, § 9 ; 85 Del. Laws, c. 268, § 1 ; § 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 the registered designated caregiver is connected through the Commissioner’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 the registered designated caregiver is connected through the Commissioner’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 Commissioner’s registration process. (c) [Repealed.] (d) A registered qualifying patient or registered designated caregiver shall not be subject to 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 possession of seeds and stalks. (e) A registered 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 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. (f) (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 subsections (a), (b) and (c) [repealed] of this section. (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 medical condition or symptoms associated with the medical condition in compliance with this chapter. (g) A health-care practitioner may not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including a 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 health-care practitioner’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 medical condition or symptoms associated with the medical condition or for refusing to provide such written certifications or statements, provided that nothing in this chapter is deemed to release a health-care practitioner from the duty to exercise a professional standard of care for evaluating or treating a patient’s medical condition. (h) 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. (i) A registered compassion center shall not be subject to prosecution; search or inspection, except by the Commissioner pursuant to § 4919A(u) of this title; 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 Commissioner regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell, or dispense marijuana or related supplies and educational materials to registered 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; (2) Selling or transferring marijuana seeds to entities that are licensed or registered in another jurisdiction to dispense marijuana for medical purposes; or (3) Transferring marijuana to and from a registered safety compliance facility for the purposes of analytical testing. (j) 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 Commissioner regulations to perform the actions on behalf of a registered compassion center that are authorized by this chapter. (k) A Delaware facility which meets FDA-accepted security and operational standards shall not be subject to prosecution; search, except by the Commissioner under § 4919A(u) of this title; seizure; or penalty in any manner, or be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, solely for acting in accordance with this chapter, Commissioner regulations, or federal law for the purposes of conducting research on marijuana under § 4928A of this title and pursuant to all applicable federal law on medical marijuana. ( l ) 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 Commissioner pursuant to § 4919A(u) of this title; 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 Commissioner 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 Commissioner; and (9) Receiving compensation for actions allowed under this section. (m) 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 Commissioner pursuant to § 4919A(u) of this title; 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. (n) 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. (o) 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. (p) 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. (q) Where a state-funded or locally funded law-enforcement agency encounters an individual who, during the course of the investigation, credibly asserts that the individual 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. 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 115, §  1 ; 80 Del. Laws, c. 406, §  2 ; 83 Del. Laws, c. 48, § 3 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 264, § 2 ; 84 Del. Laws, c. 300, § 1 ; § 4904A Limitations [Effective until May 21, 2027]. (a) This chapter 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) Except as provided in subsection (b) of this section, 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. d. In any health care or treatment facility operated by the Department of Health and Social Services or funded contractually through the Department of Health and Social Services. (3) Smoking marijuana: a. In any form of 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 shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana. (5) Using marijuana if that person does not have a medical condition. (6) Transferring marijuana to any person who is not allowed to possess marijuana under this chapter. (b) School exceptions. — Notwithstanding subsection (a) of this section, a designated caregiver registered pursuant to § 4908A of this title may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The designated caregiver shall not be a school nurse or other school employee hired or contracted by a school unless the designated caregiver is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of medical marijuana oil which is kept at all times on their person. Provided further, this exception shall only apply within the physical boundaries of the State of Delaware. 78 Del. Laws, c. 23, §  1 ; 80 Del. Laws, c. 406, §  3 ; 80 Del. Laws, c. 422, §  1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 264, § 3 ; 84 Del. Laws, c. 300, § 1 ; § 4904A Limitations [Effective May 21, 2027]. (a) This chapter 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) Except as provided in subsection (b) or subsection (c) of this section, 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. c. In any correctional facility. d. In any health-care or treatment facility operated by the Department of Health and Social Services or funded contractually through the Department of Health and Social Services. (3) Smoking marijuana: a. In any form of transportation. 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 shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana. (5) Using marijuana if that person does not have a medical condition. (6) Transferring marijuana to any person who is not allowed to possess marijuana under this chapter. (b) School exceptions. — Notwithstanding subsection (a) of this section, a designated caregiver registered pursuant to § 4908A of this title may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The designated caregiver shall not be a school nurse or other school employee hired or contracted by a school unless the designated caregiver is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of medical marijuana oil which is kept at all times on their person. Provided further, this exception shall only apply within the physical boundaries of the State of Delaware. (c) Health care facility exceptions. — (1) Notwithstanding subsection (a) of this section, a health-care facility must permit the medical use of marijuana by a cardholder who has a terminal illness and shall do all of the following: a. Require the patient or the patient’s designated caregiver to provide a copy of the patient’s registry identification card to the patient’s attending physician. b. Include the medical use of marijuana within the patient’s medical records. c. Prohibit smoking or vaping as methods to use medical marijuana. d. Prohibit health-care professionals and facility staff, including physicians, nurses, and pharmacists, from administering medical marijuana or retrieving medical marijuana from storage, except to dispose of medical marijuana pursuant to the health-care facilities’ written policy. e. Require the patient or the patient’s designated caregiver to be responsible for acquiring, retrieving, administering, and removing medical marijuana. f. Require medical marijuana to be stored securely at all times in a locked container in the patient’s room, other designated area, or with the patient’s designated caregiver. g. Require that upon discharge, the patient or the patient’s designated caregiver remove all medical marijuana from the health-care facility and, if the patient or the patient’s designated caregiver does not do so, store any medical marijuana in a locked container until it is disposed of in accordance with the health-care facility’s written policy and procedure governing medicinal marijuana. h. Develop and disseminate written policies and procedures for the use of medical marijuana within the health-care facility. (2) Notwithstanding the provisions of paragraph (c)(1) of this section, a health-care facility may prohibit the use of medical marijuana by a terminally ill patient if the health-care facility determines, based on the assessment of its medical professionals, that use of medical marijuana by the terminally ill patient may have an adverse impact on the medical care and treatment of the patient or is otherwise contraindicated. (3) A health-care facility may suspend the use of medical marijuana by any terminally ill patients if a federal regulatory agency, the United States Department of Justice (US DOJ), or the Centers for Medicare and Medicaid Services (CMS) initiates or takes any action listed in paragraph (c)(3)a. or (c)(3)b. of this section, or makes an inquiry about the health-care facility’s activities pursuant to this subsection, until the regulatory agency, US DOJ, or CMS notifies the health-care facility that it may resume permitting the use of medical marijuana within the facility: a. A federal regulatory agency or the US DOJ initiates an enforcement action, including a notice to suspend funding, against the health-care facility related to the requirements of this subsection or the use of medical marijuana on the health-care facility’s premises. b. A federal regulatory agency, the US DOJ, or CMS issues a rule, guidance, or otherwise provides notification to health-care facilities that expressly prohibits the use of medical marijuana in health-care facilities or otherwise prohibits compliance with the requirements of this subsection. (4) The provisions of this subsection do not apply: a. To a patient receiving or waiting to receive emergency medical services or to the emergency department of a health-care facility while a patient is receiving or waiting to receive emergency medical services. b. Outside the physical boundaries of this State. (5) A person is not subject to civil or criminal liability or discipline for unprofessional conduct, including censure, suspension, loss of license, loss of privileges, loss of membership, or any other penalty for complying with this subsection in good faith except in circumstances constituting gross negligence, recklessness, or intentional misconduct. (6) Compliance with this subsection may not be a condition for obtaining, retaining, or renewing a license as a health-care facility. 78 Del. Laws, c. 23, §  1 ; 80 Del. Laws, c. 406, §  3 ; 80 Del. Laws, c. 422, §  1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 264, § 3 ; 84 Del. Laws, c. 300, § 1 ; 85 Del. Laws, c. 268, § 2 ; § 4905A Discrimination prohibited. (a) (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for the person’s 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 under this chapter is considered the equivalent of the authorized use of any other medication used at the direction of a health-care practitioner and does 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. 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 83 Del. Laws, c. 48, § 4 ; 84 Del. Laws, c. 42, § 1 ; § 4906A Addition of debilitating medical conditions [Repealed]. 78 Del. Laws, c. 23, §  1 ; 82 Del. Laws, c. 246, § 1 ; repealed by 84 Del. Laws, c. 264, § 4, effective May 28, 2024. ; § 4907A Acts not required, acts not prohibited. (a) Nothing in this chapter requires any of the following: (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. (4) A health-care practitioner to provide a written certification or otherwise recommend marijuana to a patient. (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 chapter 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. 78 Del. Laws, c. 23, §  1 ; 83 Del. Laws, c. 48, § 5 ; § 4908A Registration of qualifying patients and designated caregivers [For application of this section, see 82 Del. Laws, c. 246, § 5]. (a) The Commissioner shall issue registry identification cards to qualifying patients who submit all of the following, in accordance with the Commissioner’s final regulations: (1) Either of the following: a. A written certification issued by a health-care practitioner within 90 days immediately preceding the date of an application. The written certification must specify the qualifying patient’s medical condition and, if applicable, that the medical condition is a terminal illness. b. If the qualifying patient is 65 years of age or older, a self-certification on a form to be provided by the Department that the patient is using marijuana for medical purposes. (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 health-care practitioner, unless the qualifying patient is 65 years of age or older and self-certifies the patient’s eligibility under paragraph (a)(1) of this section. (5) The name, address, and date of birth of the designated caregiver, if any, chosen by the qualifying patient. (6) [Repealed]. (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. (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) Registry identification card applications shall be available no later than the day the Commissioner publishes final regulations. (c), (d) [Repealed.] 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 406, §  4 ; 82 Del. Laws, c. 213, § 2 ; 82 Del. Laws, c. 246, § 2 ; 83 Del. Laws, c. 48, § 6 ; 84 Del. Laws, c. 264, § 5 ; 84 Del. Laws, c. 300, § 1 ; § 4909A Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7]. (a) The Commissioner 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 45 days of receiving a completed application or renewal application. (2) Issue registry identification cards to a qualifying patient and the qualifying patient's designated caregiver, if any, within 30 days of approving the application or renewal. A designated caregiver must have a registry identification card for each of the designated caregiver's qualifying patients. (3) Enter the registry identification number of the registered compassion center the patient designates into the verification system. (b) [Repealed.] (c) A qualifying patient who is under 18 years of age may only receive marijuana oil. 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 39, §  2 ; 80 Del. Laws, c. 406, §  5 ; 81 Del. Laws, c. 95, §  1 ; 82 Del. Laws, c. 213, § 3 ; 82 Del. Laws, c. 43, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 264, § 6 ; 84 Del. Laws, c. 300, § 1 ; § 4910A Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7]. (a) The Commissioner 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 Commissioner 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(5) of this title; (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) A prospective designated caregiver shall obtain a background check in compliance with § 4927A of this title to enable the Commissioner to comply with subsection (b) of this section. Once a prospective designated caregiver has been granted a registry identification card, the designated caregiver must obtain a background check in compliance with § 4927A of this title every 3 years. (d) The Commissioner shall notify the qualifying patient who has designated someone to serve as the qualifying patient's designated caregiver if a registry identification card will not be issued to the designated caregiver. (e) (1) Denial of an application or renewal is considered a final Commissioner action. (2) A denial of an application or renewal for a registry identification card for a registered qualifying patient, pediatric patient, or registered designated caregiver is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court. (3) [Repealed]. 78 Del. Laws, c. 23, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 11, §  3 ; 80 Del. Laws, c. 406, §  6 ; 82 Del. Laws, c. 213, § 4 ; 82 Del. Laws, c. 246, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 264, §§ 1, 7 ; 84 Del. Laws, c. 300, § 1 ; § 4911A Registry identification cards [For application of this section, see 82 Del. Laws, c. 246, § 5]. (a) Registry identification cards must 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) That the registered cardholder is 1 of the following: a. A qualifying adult patient. b. A designated caregiver for a qualifying adult patient. c. A designated caregiver for a pediatric patient. d.-h. [Repealed.] (4) The date of issuance and either of the following: a. The expiration date of the registry identification card. b. If the written certification states that the qualifying patient’s medical condition is a terminal illness, a statement that the registry identification card has an indefinite expiration date. (5) A random 10-digit alphanumeric identification number, 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. (b) (1) Except as provided in this subsection, the expiration date of a registry identification card is 1 year after the date of issuance. (2) If the health-care practitioner stated in the written certification that the qualifying patient would benefit from marijuana until a specified earlier date, then the registry identification card expires on that date. (3) [Repealed]. (4) If the written certification states that the qualifying patient’s medical condition is a terminal illness, the expiration date of a registry identification card is indefinite. (5) The Department may issue a registry identification card to a qualifying patient or caregiver with an expiration date of 2 or 3 years after the date of issuance upon payment of a fee to be established by regulation under § 4923A of this title. (c) The Commissioner may, at its discretion, electronically store in the card all of the information listed in subsection (a) of this section, along with the address and date of birth of the cardholder, to allow it to be read by law-enforcement agents. 78 Del. Laws, c. 23, §  1 ; 80 Del. Laws, c. 406, §  7 ; 82 Del. Laws, c. 213, § 5 ; 82 Del. Laws, c. 246, § 3 ; 83