Delaware State Policy Alert

Sent: July 10, 2012
From: Robert Capecchi
Topic: Medical Marijuana

Title: 

Del.: Applications for ID cards now being accepted

Message: 

On Monday, July 2, the Delaware Department of Health and Social Services – Division of Public Health began accepting applications for medical marijuana identification cards. The department plans on posting the application materials to its website, but in the meantime, they are emailing or mailing materials to prospective patients who inquire with the program.

Since ID card applications are now available, the clock starts tolling on the availability of using a medical use affirmative defense. The Delaware medical marijuana law gave patients the use of an affirmative defense to prosecution for possession of up to six ounces of marijuana while the department was busy implementing the law. That defense is set to expire 75 days after the applications are available. So, on September 15, 2012, patients will no longer be able to avail themselves of that defense. There is one exception: Patients who have submitted valid applications, but have not yet heard back, will still have a defense until they receive their cards.

As always, make sure your friends are aware that applications are available too!