Bill Text: DE HB400 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Medical Marijuana.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2016-08-31 - Signed by Governor [HB400 Detail]
Download: Delaware-2015-HB400-Engrossed.html
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SPONSOR: |
Rep. Baumbach & Rep. Ramone & Sen. Henry & Sen. Lopez |
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Reps. Keeley, Kowalko, Paradee, Spiegelman, K. Williams; Sen. Townsend |
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HOUSE BILL NO. 400 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1 |
Section 1. Amend §4902A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4902A. Definitions.
In this chapter, unless the context otherwise requires, the following definitions shall apply:
(2) "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 for or drug misdemeanor
within 5 years.
(3) "Debilitating medical condition" means 1 or more of the following:
a. Cancer
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, or the
treatment of these conditions;
(12)
"Physician" means a properly licensed physician subject to Chapter 17 of Title
24 except as otherwise provided in this paragraph. If the qualifying patient's
debilitating medical condition is post-traumatic stress disorder, the physician
must also be a licensed psychiatrist. In relation to a visiting qualifying
patient, "physician'' means a person who is licensed with authority to prescribe
drugs to humans and who may issue a written certifications or its equivalent in
the state of the patient's residence. 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) "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.
(20)
"Visiting qualifying patient'' means a person who:
a. Has
been diagnosed with a debilitating medical condition;
b.
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
c. Is not
a resident of Delaware or who has been a resident of Delaware for less than 30
days.
Section 2. Amend §4903A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4903A Protections for the medical use of marijuana.
(c) A
visiting qualifying patient shall not be subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to civil penalty or
disciplinary action by a court or occupational or professional licensing board
or bureau, for the medical use of marijuana pursuant to this chapter if the
visiting qualifying patient does not possess more than 6 ounces of usable
marijuana.
(d) A registered qualifying patient,
visiting qualifying patient, or registered designated caregiver shall not
be subject to 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,
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 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.
(i) A registered compassion center shall not be subject to prosecution; search or inspection, except by the Department 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 Department regulations to acquire, possess,
cultivate, manufacture, deliver, transfer, transport, supply, sell, or dispense
marijuana or related supplies and educational materials to registered
qualifying patients and visiting qualifying patients who have designated
the compassion center to provide for them, to registered designated caregivers
on behalf of the registered qualifying patients who have designated the
registered compassion center, or to other registered compassion centers;
(m) A visiting
qualifying patient or an An entity that is registered to dispense
marijuana for medical use in other jurisdictions shall not be subject to
prosecution; search or inspection, except by the Department pursuant to §
4919A(u) 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.
Section 3. Amend §4904A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4904A. Limitations.
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:
(4)
Operating, navigating, or being in actual physical control of any motor
vehicle, aircraft, or motorboat while under the influence of marijuana, except
that a registered qualifying patient or visiting qualifying patient
shall not be considered to be under the influence of marijuana solely because
of the presence of metabolites or components of marijuana.
Section 4. Amend §4908A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4908A. Registration of qualifying patients and designated caregivers.
(a) The Department shall issue registry identification cards to qualifying patients who submit the following, in accordance with the Department's final regulations:
(1) A
written certification issued by a physician within 90 days immediately
preceding the date of an application, except that in the case of a visiting
qualifying patient, the visiting qualifying patient shall submit a copy of the visiting
qualifying patient's registry identification card or its equivalent that was
issued pursuant to the laws of the jurisdiction of the person's residence,
proof of residency in the jurisdiction where the registry identification card
or its equivalent was issued; and a certification by the visiting qualifying
patient's physician that he or she has a debilitating qualifying condition;
(5) The
name, address, and date of birth of the designated caregiver, if any, chosen by
the qualifying patient, except that a visiting qualifying patient shall not
have a designated caregiver;
Section 5. Amend §4909A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4909A. Issuance of registry identification cards.
(b) The Department shall not issue a registry identification card to a qualifying patient who is younger than 18 years of age, except as follows:
(1) The qualifying patient has any of the following related to a terminal illness:
a. Pain;
b. Anxiety;
c. Depression;
(2) The qualifying patient has intractable epilepsy or seizure disorder; or
(2)(3) The qualifying
patient has a chronic or debilitating disease or medical condition where the
patient has failed treatment involving 1 or more of the following symptoms:
cachexia or wasting syndrome; intractable nausea; severe, painful and
persistent muscle spasms.
(3)(4) A qualifying
patient who is younger than 18 years of age may only receive marijuana oil.
Section 6. Amend §4910A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) A prospective designated caregiver shall
obtain a background check in compliance with §4927A of this title to enable
the Department 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 year 3 years.
Section 7. Amend §4911A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4911A. Registry identification cards.
(a) Registry identification cards shall contain all of the following:
(3)
If the cardholder is a visiting qualifying patient, a designation as such,
including the state of the patient's residence;
(b)(1) Except as provided in this subsection, the expiration date shall be 1 year after the date of issuance.
(3) If
the patient is a visiting qualifying patient whose permission to use medical
marijuana in the person's home jurisdiction would expire sooner than 1 year
after the issuance date, then the registry identification card shall expire on
the date their home jurisdiction documentation would expire.
Section 8. Amend §4912A(e), Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(e) A registered qualifying patient shall
notify the Department before changing his or her designated registered
compassion center and pay a $20 fee. The Department must, within 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 The Department shall administer a
real-time Statewide patient registry to facilitate patient choice in purchasing
medical marijuana from any properly licensed Delaware Compassion Centers.The registry shall track patient purchases to
comply with §4919A(i) of this title.
Section 9. Amend §4919A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4919A. Requirements, prohibitions, penalties.
(j) A registered compassion center or
compassion center agent shall only dispense marijuana to a visiting qualifying
patient if he or she possesses a valid Delaware registry identification card
and if the procedures in subsections (h) and (i) of this section are followed.
Section 10.This Act shall take effect 90 days after its enactment into law.
Section 11.This Act shall be known as "Bob's Bill."
