State and Relevant Medical Marijuana Laws

Senate Bill 17 — Signed into law by Gov. Jack Markell (D) on May 13, 2011
Approved: By House 27-14, by Senate 17-4
Effective: July 1, 2011

Under this law, a patient is only protected from arrest 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 must send a copy of the written certification to the state Department of Health and Social Services, and the Department will issue an ID card after verifying the information. As long as the patient is in compliance with the law, there will be no arrest.

The law does not allow patients or caregivers to grow marijuana at home, but it does allow for the state-regulated, non-profit distribution of medical marijuana by compassion centers.

Approved Conditions:
Approved for treatment of debilitating medical conditions, defined as cancer, HIV/AIDS, decompensated cirrhosis (Hepatitis C), ALS, Alzheimer’s disease. Also approved for “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; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.”

“Post-traumatic stress disorder (PTSD) can qualify as a debilitating medical condition when it manifests itself in severe physical suffering, such as severe or chronic pain or severe nausea and vomiting, or otherwise severely impairs the patient’s physical ability to carry on the activities of daily living.”

(“Medical Marijuana Questions & Answers,” dhss.delaware.gov (accessed Mar. 1, 2016))

Possession/Cultivation: Patients 18 and older with certain debilitating conditions may possess up to six ounces of marijuana with a doctor’s written recommendation. A registered compassion center may not dispense more than 3 ounces of marijuana to a registered qualifying patient in any fourteen-day period, and a patient may register with only one compassion center. Home cultivation is not allowed. Senate Bill 17 contains a provision that allows for an affirmative defense for individuals “in possession of no more than six ounces of usable marijuana.”

Updates: On Feb. 12, 2012, Gov. Markell released the following statement (presented in its entirety), available on delaware.gov, in response to a letter from US District Attorney Charles Oberly:

“I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers. To do otherwise would put our state employees in legal jeopardy and I will not do that. Unfortunately, this shift in the federal position will stand in the way of people in pain receiving help. Our law sought to provide that in a manner that was both highly regulated and safe.”

On Aug. 15, 2013, Gov. Markell announced in a letter to Delaware lawmakers his intention to relaunch the state’s medical marijuana program, despite his previous decision to stop implementation. Markell wrote that the Department of Health and Social Services “will proceed to issue a request for proposal for a pilot compassion center to open in Delaware next year.”

On June 23, 2015, Gov. Markell signed Rylie’s Law, SB 90, which allows the use of non-smoked cannabis oil that is no more than 7% THC for minors with intractable epilepsy or dystonia.

On June 26, 2015, the state’s first medical marijuana dispensary opened near Wilmington, Delaware.

Not all information from each bill is listed here. We have extracted information that is relevant to business ownership.

SENATE BILL NO. 17

Section 1. Amend Title 16 Chapter 49A. The Delaware Medical Marijuana Act

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.

“Cardholder” means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card.

“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.

“Department” means the Delaware Department of Health and Social Services or its successor agency.

“Designated caregiver” means a person who is at least 21 years of age; has agreed to assist with a patient’s medical use of marijuana; has not been convicted of an excluded felony offense; and assists no more than five qualifying patients with their medical use of marijuana.

“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.

“Excluded felony offense” means a violent crime that was classified as a felony in the jurisdiction where the person was convicted; or

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 an offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed 10 or more years earlier; or 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.

“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.

“Registered compassion center” means a not-for-profit entity registered, that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered qualifying patients.

“Registry identification card” means a document issued by the Department that identifies a person as a registered qualifying patient or registered designated caregiver.

“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: the safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana; security and inventory accountability procedures; an up-to-date scientific and medical research findings related to medical marijuana.

“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.

“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.

“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.

“Visiting qualifying patient” means a person who has been diagnosed with a debilitating medical condition; 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 is not a resident of Delaware or who has been a resident of Delaware for less than 30 days.

Protections for the Medical Use of Marijuana.

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. 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 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 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. 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. 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 for possession of marijuana that is incidental to medical use, but is not usable marijuana as defined in this chapter; or 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. 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 is in possession of a valid registry identification card and is in possession of an amount of marijuana that does not exceed the amount allowed.

A registered compassion center shall not be subject to prosecution search or inspection, seizure or penalty in any manner

The center shall not 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 actions 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 selling or transferring marijuana seeds to entities that are licensed or registered in another jurisdiction to dispense marijuana for medical purposes, transferring marijuana to and from a registered safety compliance facility for the purposes of analytical testing. 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. 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, court or business licensing board or entity, solely for acting in accordance with this chapter and Department regulations to provide the following services acquiring or possessing marijuana obtained from registered compassion centers, returning the marijuana to the same registered compassion centers, transporting marijuana that was produced by registered compassion centers to or from those registered compassion centers, cultivating, manufacturing, and possessing marijuana for training and analytical testing, the production or sale of educational materials related to medical marijuana, 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, testing of medical marijuana samples, including for potency and contamination, 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 receiving compensation for actions allowed under this section. A visiting qualifying patient or an entity that is registered to dispense marijuana for medical use in other states.

Jurisdictions shall not be subject to prosecution, search or inspection, seizure penalty 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. 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. 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. 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. 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. 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 undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice; possessing marijuana, or otherwise engaging in the medical use of marijuana in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility. Smoking marijuana on any form of public transportation or in any public place. 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. Using marijuana if that person does not have a serious or debilitating medical condition. Transferring marijuana to any person who is not allowed to possess marijuana under this act.

Discrimination Prohibited.

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.

Acts Not Required, Acts Not Prohibited.

Nothing in this chapter requires a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana, 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 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. 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. 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.

Registration of Qualifying Patients and Designated Caregivers.

The Department shall issue registry identification cards to qualifying patients who submit 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, the application or renewal fee, the name, address, and date of birth of the qualifying patient, except that if the applicant is homeless no address is required, the name, address, and telephone number of the qualifying patient’s physician, and 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, the name of the registered compassion center the qualifying patient designates, if any 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 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. 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.

Issuance of Registry Identification Cards.

The Department shall 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. 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 enter the registry identification number of the registered compassion center the patient designates into the verification system. The Department shall not issue a registry identification card to a qualifying patient who is younger than 21 years of age.

Denial of Registry Identification Cards.

The Department shall deny an application or renewal of a qualifying patient’s registry identification card only if the applicant did not provide the required information and materials previously had a registry identification card revoked; or provided false or falsified information. 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 the designated caregiver does not meet the requirements, the applicant did not provide the information required, the designated caregiver previously had a registry identification card revoked, or the applicant or the designated caregiver provides false or falsified information. The Department shall conduct a background check of the prospective designated caregiver in order to carry out this provision. 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. 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.

Registry Identification Cards.

Registry identification cards shall contain the name of the cardholder, a designation of whether the cardholder is a designated caregiver or qualifying patient, if the cardholder is a visiting qualifying patient, a designation as such, including the state of the patient’s residence, the date of issuance and expiration date of the registry identification card, a random 10-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder, 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, a photograph of the cardholder, if the Department’s regulations require one, and the phone number or Web address for the verification system. Except as provided in this subsection, the expiration date shall be one year after the date of issuance. 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. 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. The Department may, at its discretion, electronically store in the card all of the information, along with the address and date of birth of the cardholder, to allow it to be read by law enforcement agents.

Notifications to Department and Responses; Civil Penalty.

The following notifications and Department responses are required 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. 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. Before a registered qualifying patient changes his or her designated caregiver, the qualifying patient must notify the Department. 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. When a cardholder notifies the Department of items listed in subsection, 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. 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. 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. 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. 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.

Affirmative Defense and Dismissal for Medical Marijuana.

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. 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 theindividual’s serious or debilitating medical condition or symptoms associated with the individual’s serious or debilitating medical condition, and the individual was in possession of no more than six ounces of usable marijuana, and 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.The defense and motion to dismiss shall not prevail if the prosecution proves thatthe individual had a registry identification card revoked for misconduct, or 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 whoraised the defense.An individual is not required to possess a registry identification card to raise the affirmative defense set forth in this section.

Registration of Compassion Centers.

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 a non-refundable application fee in an amount determined by the Department’s regulations, the proposed legal name of the compassion center, 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, 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, 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. 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. Any information required by the Department to evaluate the applicant pursuant to the competitive bidding process. 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 documentation of not-for-profit status, 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, 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, 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, the sufficiency of the applicant’s plans for record keeping, the sufficiency of the applicant’s plans for safety, security, and the prevention of diversion, including proposed locations and security devices employed, 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. 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. 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. 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. When 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. 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.

Denial of Compassion Centers.

An application for a compassion center registration certificate must be denied if 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, the applicant would not be in compliance with local zoning regulations issued, the applicant does not meet the requirements, one or more of the prospective principal officers or board members has been convicted of an excluded felony offense, and 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 one or more of the principal officers or board members is younger than 21 years of age. 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. When issuing a compassion center registration certificate, the Department shall also issue a renewable registration certificate with an identification number.

Registration and Certification of Safety Compliance Facilities

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 a non-refundable application fee in an amount determined by the Department’s regulations, the proposed legal name of the safety compliance facility, the proposed physical address of the safety compliance facility, 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, 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 any information required by the Department to evaluate the applicant pursuant to the competitive bidding process. 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 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, 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, the sufficiency of the applicant’s plans for safety, security, and the prevention of diversion, including proposed locations and security devices employed, and 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, 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, 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, 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.

Denial of Certification of Safety Compliance Facilities

Safety compliance facility registration certificate must be denied if 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, the applicant would not be in compliance with local zoning regulations, the applicant does not meet the requirements, one or more of the prospective principal officers or board members has been convicted of an excluded felony offense, 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 facilityor registered compassion center that has had its registration certificate revoked, and one or more of the principal officers or board members is younger than 21 years of age.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 Departmentregulation and, if a physical address had not been finalized when it applied, its physical address.When issuing a safety compliance facility registration certificate, the Department shall also issue a renewable registration certificate with an identification number. TheDepartment shall also provide the registered safety compliance facility with the contact information for the verification system.

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 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, and 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 the authorized inspections do not raise serious concerns about the continued operation of the registered compassion center or registered safety compliance facility applying for renewal.

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.

Compassion Center and Safety Compliance Facility Agents.

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. A registered compassion center may not employ any person who was convicted of an excluded felony offense or is under 21 years of age. 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.

Requirements, Prohibitions, Penalties.

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. 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. 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. 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. 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. 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. A registered compassion center may not purchase usable marijuana or mature marijuana plants from any person other than another registered compassion center. 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 that the registry identification card presented to the registered compassion center is valid, that the person presenting the card is the person identified on the registry identification card presented to the compassion center agent, and 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. 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. 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. 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. A registered compassion center shall not share office space with nor refer patients to a physician. 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. No person who has been convicted of an excluded felony offense may be a compassion center agent. The Department shall issue a civil fine of up to $3,000 for violations of this section. 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. 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. 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. 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. The Department shall revoke the registry identification card of any cardholder who knowingly commits multiple or serious violations of this chapter. 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. 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 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.

Confidentiality

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. Applications and renewals, their contents, and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians. 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. The individual names and other information identifying persons to whom the Department has issued registry identification cards. Any dispensing information shall identify cardholders and registered compassion centers by their registry identification numbers and not contain names or other personally identifying information. 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. 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. Nothing in this section precludes 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. 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. Compassion center agents shall notify the Department of a suspected violation or attempted violation of this chapter or the regulations issued pursuant to it. The Department shall verify registry identification cards. 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.

Registry Identification and Registration Certificate Verification.

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. 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. 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. 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.