Legislators reconvene in Dover

The second year of the 2011-2012 Delaware legislative session has begun in Dover, and we are pleased to be able to say that we no longer have to advocate for medical marijuana legislation!

Last year, Governor Jack Markell (D) signed SB 17 into law, making Delaware the 16^th medical marijuana state. Gov. Markell’s compassionate signature followed the House’s 27-14 vote to approve the bill and the Senate’s 17-4 vote. If you have not done so already, please take a few minutes to see how your legislators voted on this important bill and to express your gratitude or disappointment. You may also wish to write a handwritten note if your legislators voted “yes.” You can also call Gov. Markell to thank him for protecting patients at (302) 744-4101.

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.

SB 17 is a carefully crafted bill that will protect seriously ill Delawareans from arrest and jail for using doctor-recommended medical marijuana. On July 1, 2011, the law’s limited affirmative defense went into effect. 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 75 days after ID card applications are available. Check out our more detailed information sheet. The law also includes tightly regulated, limited distribution of medical marijuana by licensing three not-for-profit compassion centers, one in each county, by the first day of 2013. Patients can receive up to three ounces of marijuana every 14 days. For more information, please check out our summary of the law.

However, the enactment of SB 17 is just the first step in ensuring that all seriously ill Delawareans are preotected from arrest and prosecution for using, as well as provided safe and reliable access to, medical marijuana, if their doctors think it's the best practice. Implementation of the program will be taking place throughout the year as outlined above.

This compassionate change in law would not have been possible without our bill sponsors, Sen. Margaret Rose Henry (D-Wilmington) and Rep. Helene Keeley (D-Wilmington). We would also like to thank the courageous patient advocates and their loved ones who spoke out and traveled to Dover to share their stories. Thank you Joe Scarborough, Chris McNeely, James Dorn, Heidi Hill, Don Brill, Janet Thomas, Dan Palomino, TJ Jurgens, Diane Jump, Trevor Wiberg, Janet Schwartz, Christopher Grogan, Curtis Mitchell, Jr., Stephen Haner, and Todd Kitchen. A big thank you also to former talk show host Montel Williams, who kicked off the campaign in Dover this year with a press conference, and to all the doctors, nurses, and activists who tirelessly called their legislators. Thank you also to everyone who donated to make this effort possible.

Are you a patient?

Although medical marijuana legislation has already been enacted in Delaware, patient advocacy will still be important in the implementation 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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