Department of Health and Social Services finalizes ID card regulations
The Delaware Department of Health and Social Services has finalized regulations for the medical marijuana program and has begun accepting applications for the medical marijuana ID cards. Visit the medical marijuana program's website or call them at (302) 744-4749 to receive application forms. MPP submitted comments on the draft regulations advocating on behalf of patients and potential providers in the First State. Some, but not all, of our recommendations were reflected in the final regulations.
Although we are disappointed that the draft regulations do not contain specific rules for the dispensary program, it is encouraging that the department left space in the regulations for them to be drafted in the future, considering that Gov. Jack Markell (D) has suspended implementation of the state’s dispensary program in light of a letter he received from United States Attorney for Delaware, Charles M. Oberly, III. The letter details enforcement action that the federal government could take against those who comply with the state’s new medical marijuana law. Please email the governor today, and ask that he rethink and reverse this decision by implementing state laws to protect seriously and terminally ill Delawareans instead of enforcing the cruel federal policy.
Delaware patients still enjoy a limited affirmative defense that went into effect on July 1, 2011. If proven in court, the affirmative defense should prevent qualifying patients from being convicted for medical marijuana possession if they are abiding by the new law. It will not protect against arrests or prosecution and does not include cultivation. The defense will be consistently available to patients from now until September 15, 2012. After that date, only individuals who have submitted their application materials but have yet to hear back from the department will be allowed to claim a medical use defense. Although dispensary regulation has been placed on hold for now, you can check out our more detailed information sheet and this summary of the law.
MPP's Noah Mamber and Karen O'Keefe in Dover with Sen. Margaret Rose Henry and several of the state's most committed patients to watch Gov. Markell sign SB 17.
Are you a patient?
Although medical marijuana legislation has already been enacted in Delaware, patient advocacy is crucial to encouraging the governor to implement the dispensary portion of the law. If you are supportive and are a patient with a serious medical condition who might benefit from medical marijuana, a loved one of such a patient, a medical professional, a member of law enforcement or the clergy, or a lawyer or PhD who might be interested in speaking out, please email state@mpp.org to see how you can be of special help. Be sure to include your address and nine-digit ZIP code.
You can also share the stories of other Delaware patients.
Learn more about Delaware’s marijuana laws
Delaware has harsh marijuana laws, and it has the twelfth-highest marijuana arrest rate in the U.S. First-offense possession of even a single joint is punishable by up to six months in jail and a $1,150 fine, which is the fourth-harshest penalty in the nation for personal use possession. You can learn more about Delaware's marijuana penalties and enforcement by reading this report by Jon Gettman, PhD.
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