Jul 172011
 July 17, 2011

Dont mess with DelawareThe Delaware Medical Marijuana Act came into law on May 13, 2011; legislation detailed in Delaware Senate Bill 17 was authorized by Governor Jack Markell. Please bear in mind that, once a bill is signed into law it always takes at least a year for the administrative functions to be organized and, perhaps, another twelve months before they are put into place. In fact, Delaware state regulators have been given up to one year to draft the regulations that will govern the program. So, no rushing to get your weed card yet!

The details of the Bill are as follows:

Delaware Medical Marijuana — Eligible medical conditions

“Debilitating medical condition,” means one of the following in the context of The Delaware Medical Marijuana Act:

Diagnosis of the following conditions:

  • cancer
  • positive status for human immunodeficiency virus
  • acquired immune deficiency syndrome,
  • hepatitis C
  • amyotrophic lateral sclerosis
  • Crohn’s disease
  • agitation of Alzheimer’s disease
  • post-traumatic stress disorder

A chronic or debilitating disease or medical condition or its treatment that produces one 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 three months or for which other treatment options produced serious side effects
  • severe nausea
  • seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis

Glaucoma, when the written certification is signed by a properly licensed ophthalmologist subject to Chapter 17, Title 24 of the Delaware Code
Any other medical condition or its treatment added by the Department, as provided for in §4906A.

Delaware Medical Marijuana — How to Become a Medical Marijuana Patient (Eventually)

Delaware’s application system for medical marijuana registration is expected to go live this month, July 2011 and state-issued ID card; these cards may not be issued until after July 1, 2012.
. In the meantime a limited affirmative defense is operational. This does not prevent an arrest or a prosecution. It can, though, be raised and proven in court to prevent a conviction. If all of the conditions are met, the prosecution should be dismissed.

The affirmative defense only applies if:

- The patient is in possession of no more than six ounces of marijuana and no plants.

- The patient possessed marijuana solely to treat or alleviate the his or her serious or debilitating medical condition (see above).

- The patient’s physician has stated 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 the individual’s serious or debilitating medical condition or symptoms associated with the individual’s serious or debilitating medical condition.”

- The patient was undertaking any of the activities prohibited in §4904A of the law, such as driving under the influence of marijuana; possessing marijuana on school grounds, on a school bus, in a jail, or in a state-funded health care or treatment facility; or smoking marijuana in a public place or in any form of transportation.

Delaware Medical Marijuana — Validity to Apply for a State Issued Medical Marijuana ID Card

Only the following basic guidelines are available at the moment:

  • You must have been resident in the state of Delaware for longer than 30 days
  • You should obtain a copy of your medical records indicating that you are diagnosed with a qualifying condition
  • Obtain written documentation from a physician licensed in the state of Delaware that that you are a qualifying patient
  • You must take your medical records with you to your appointment
  • Apply for and receive a medical marijuana card from the state of Delaware

Delaware Medical Marijuana — Access to Marijuana and Allowed Amounts

The Delaware Medical Marijuana Act does not allow for patients or caregivers to cultivate their own cannabis. Instead the state will license at least one not-for-profit Compassionate Care Center per county; these centers will grow and dispense medical marijuana to patients or their designated caregivers.

Currently, the legislation states that patients and their caregivers may possess up to six ounces (170 grams) of marijuana. The state of Delaware does not allow for patients or caregivers to grow or cultivate their own cannabis. Instead, their medicine must be purchased from state licensed compassionate care centers, which will also grow its supply of cannabis.

Delaware Medical Marijuana — Designated Caregivers

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.

From the medicalmarijuanablog.com

About Jay Smoker

I have been smoking marijuana for almost twenty years and I have no plans to stop anytime soon. My life was turned upside down in 2009 after getting arrested and tossed in jail for being in the wrong state with legal medical marijuana. I got fed up, and I now devote all my time to ending this insanity.I am responsible for the technical side of this project, but try to chip in when I can, either with syndicated articles or original content.Follow me on Facebook and Twitter.Feel free to email. any questions or concerns. Peace!
  • hobono

    saw my primary doc on july 1st to discuss medical marijuana for my 3 qualifying conditions. he said he wouldnt even consider it. what do i do now, go doctor shopping? he has been my doc for over 10 years. he gets a copy of all records from the specialist i go to. this is BS!!!!!! whats everyone afraid of???. all i wanted was a temporary recomendation so i could have an afirmitive defence if i were found to be in posession. anyone know of a doctor out there with the guts to make a recomendation ???

    • Andrew

      I would try a different physician or bring supportive evidence ie studies and a printed out copy of the law to your doctor.

    • CANCERVIXXEN

      You absolutely must shop for your doctor. It is no longer ok for your doc to say no!

  • cheryl

    heres one fo the books! i have been ill for six year, i have chronic joint and muscle pain, severe arthritis, fibromialy im 13 differet places, an herniated disk in my lumbar, nerve damage. doctors made me try so many drugs nohing worked decied they would give me meds for cance pacitens hodromorthime and methadone. was a zombie in my own home! i am still younge 52…. i still want to function but pain drove me crazy! my sistr sayed tr some smoke man feet better can function. ain doctr ws giving drug test my luck, had to tell, said hen legal come back i went back he said aginst his ethics, you give drugs go figured. my Rheumatolagis says would do me good but im not giving to perscribe to you, what d i miss! heres my qestion what do i do now?