Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 4901A. Findings.
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§ 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 co…
16 Del. C. § 4902A. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 4902A. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. 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” m…
16 Del. C. § 4903A. Protections for the medical use of marijuana.
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§ 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 professiona…
16 Del. C. § 4904A. Limitations.
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§ 4904A. Limitations. (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…
16 Del. C. § 4905A. Discrimination prohibited.
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§ 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 scho…
16 Del. C. § 4906A. Addition of debilitating medical conditions [Repealed].
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§ 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 Addition of debilitating medical conditions [Repealed].78 Del.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 Laws, c. 246, § 1; repealed by 84 Del.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.;
16 Del. C. § 4907A. Acts not required, acts not prohibited.
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§ 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 establ…
16 Del. C. § 4908A. Registration of qualifying patients and designated caregivers [For application of this section, see 82 Del. Laws, c. 246, § 5].
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§ 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 C…
16 Del. C. § 4909A. Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].
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§ 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 appl…
16 Del. C. § 4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].
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§ 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 requi…
16 Del. C. § 4911A. Registry identification cards [For application of this section, see 82 Del. Laws, c. 246, § 5].
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§ 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 q…
16 Del. C. § 4912A. Notifications to the Commissioner and responses; civil penalty.
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§ 4912A. Notifications to the Commissioner and responses; civil penalty. (a) The following notifications and Commissioner responses are required: (1) A registered qualifying patient shall notify the Commissioner of any change in the registered qualifying patient's name or address…
16 Del. C. § 4913A. Affirmative defense and dismissal for medical marijuana.
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§ 4913A. Affirmative defense and dismissal for medical marijuana. (a) Except as provided in § 4904A of this title and this section, an individual may assert a medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for the pa…
16 Del. C. § 4914A. Registration of compassion centers.
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§ 4914A. Registration of compassion centers. (a) Compassion centers may only operate if they have been issued a valid registration certificate from the Commissioner. When applying for a compassion center registration certificate, the applicant shall submit the following in accord…
16 Del. C. § 4915A. Registration and certification of safety compliance facilities.
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§ 4915A. Registration and certification of safety compliance facilities. (a) Safety compliance facilities may only operate if they have been issued a valid registration certificate from the Commissioner. When applying for a safety compliance facility registration certificate, the…
16 Del. C. § 4916A. Compassion center and safety compliance facilities renewal.
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§ 4916A. Compassion center and safety compliance facilities renewal. Registration certificates may be renewed every 2 years. The registered compassion center or registered safety compliance facility may submit a renewal application beginning 90 days prior to the expiration of its…
16 Del. C. § 4917A. Local ordinances.
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§ 4917A. Local ordinances. Nothing shall prohibit local governments from enacting ordinances or regulations not in conflict with this chapter or with Commissioner regulations regulating the time, place, and manner of registered compassion center operations and registered safety c…
16 Del. C. § 4918A. Compassion center and safety compliance facility agents.
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§ 4918A. Compassion center and safety compliance facility agents. (a) (1) Every person seeking to become a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility shall obtain a background check i…
16 Del. C. § 4919A. Requirements, prohibitions, penalties.
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§ 4919A. Requirements, prohibitions, penalties. (a) A registered compassion center shall be operated on a not-for-profit basis. The bylaws of a registered compassion center shall contain such provisions relative to the disposition of revenues to establish and maintain its not-for…
16 Del. C. § 4920A. Confidentiality.
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§ 4920A. Confidentiality. (a) The following information received and records kept by the Commissioner for purposes of administering this chapter are confidential and exempt from the Delaware Freedom of Information Act [Chapter 100 of Title 29], and not subject to disclosure to an…
16 Del. C. § 4921A. Registry identification and registration certificate verification.
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§ 4921A. Registry identification and registration certificate verification. (a) The Commissioner shall maintain a confidential list of the persons to whom the Commissioner has issued registry identification cards and their addresses, phone numbers, and registry identification num…
16 Del. C. § 4922A. Annual report by the Commissioner.
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§ 4922A. Annual report by the Commissioner. (a) [Repealed.] (b) The Commissioner shall submit to the Governor and the General Assembly an annual report that does not disclose any identifying information about cardholders, registered compassion centers, or health-care practitioner…
16 Del. C. § 4923A. Commissioner to issue regulations [For application of this section, see 82 Del. Laws, c. 246, § 5].
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§ 4923A. Commissioner to issue regulations [For application of this section, see 82 Del. Laws, c. 246, § 5]. The Commissioner shall promulgate regulations regarding all of the following: (1) [Repealed]. (2) a. Establishing the form and content of registration and renewal applicat…
16 Del. C. § 4924A. Enforcement of this chapter.
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§ 4924A. Enforcement of this chapter. If the Commissioner fails to adopt regulations to implement this chapter within the times provided for in this chapter, any citizen may commence an action in Superior Court to compel the Commissioner to perform the actions mandated pursuant t…
16 Del. C. § 4925A. Severability.
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§ 4925A. Severability. Any section of this chapter being held invalid as to any person or circumstance shall not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.78 Del. Laws, c. 23, § 1;
16 Del. C. § 4926A. [Reserved].
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§ 4926A. [Reserved].
16 Del. C. § 4927A. Background checks.
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§ 4927A. Background checks. (a) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following: (1) A report of the person’s entire criminal …
16 Del. C. § 4928A. Research.
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§ 4928A. Research. (a) Research for the development of well-characterized and more-defined medical marijuana products for treatment of target indications, including demonstrations of safety and efficacy for treatment of medical conditions that often fail to respond to conventiona…
16 Del. C. § 4929A. Reciprocity.
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§ 4929A. Reciprocity. A person with a medical condition who possesses a registry identification card or equivalent certification from another state or territory of the U.S. and who would otherwise qualify to obtain a registry identification card in this State may use the out-of-s…