reglab/housing_qa huggingface dataset:
16 DE Code § 4906A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4906A. Addition of debilitating medical conditions.

§ 4906A. Addition of debilitating medical conditions. Once the regulations have been adopted pursuant to this chapter, any citizen may petition the Department to add conditions or treatments to the list of debilitating medical conditions listed in § 4902A(4) of this title. The Department shall consider petitions in the manner required by Department regulation, including public notice and hearing, as provided by § 4923A of this title. The Department shall approve or deny a petition within 180 days of its submission. The approval or denial of any petition is a final decision of the Department subject to judicial review. Jurisdiction and venue are vested in the Superior Court. 78 Del. Laws, c. 23, §  1;  82 Del. Laws, c. 246, § 1;
16 DE Code § 4907A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4907A. Acts not required, acts not prohibited.

§ 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 establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke marijuana on or in that property; or (3) An employer to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana. (4) A health-care practitioner to provide a written certification or otherwise recommend marijuana to a patient. (b) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana. (c) Nothing in this chapter shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of marijuana where probable cause exists. 78 Del. Laws, c. 23, §  1;  83 Del. Laws, c. 48, § 5;
16 DE Code § 4909A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4909A. Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].

§ 4909A. Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7]. (a) Except as provided in subsection (b) of this section, the Department shall:  (1) Verify the information contained in an application or renewal submitted pursuant to this chapter, and shall approve or deny an application or renewal within 45 days of receiving a completed application or renewal application. (2) Issue registry identification cards to a qualifying patient and his or her designated caregiver, if any, within 30 days of approving the application or renewal. A designated caregiver must have a registry identification card for each of his or her qualifying patients. (3) Enter the registry identification number of the registered compassion center the patient designates into the verification system. (b) The Department may not issue a registry identification card to a qualifying patient who is under 18 years of age, except if any of the following apply:  (1) The qualifying patient has any of the following related to a terminal illness:  a. Pain. b. Anxiety. c. Depression. (2) The qualifying patient has intractable epilepsy or seizure disorder. (3) The qualifying patient has a chronic or debilitating disease or medical condition where the patient has failed treatment involving 1 or more of the following symptoms: cachexia or wasting syndrome; intractable nausea; severe, painful and persistent muscle spasms; chronic debilitating migraines and new daily persistent headache that are refractory to conventional treatment and interventions. (4) Any other medical condition or its treatment added by the Department, as provided for in § 4906A of this title. (5) The qualifying patient is eligible for a compassionate use card under § 4908A(c) of this title. (c) A qualifying patient who is under 18 years of age may only receive marijuana oil. 78 Del. Laws, c. 23, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 39, §  2;  80 Del. Laws, c. 406, §  5;  81 Del. Laws, c. 95, §  1;  82 Del. Laws, c. 213, § 3;  82 Del. Laws, c. 43, § 1;
16 DE Code § 4910A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].

§ 4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7]. (a) The Department shall deny an application or renewal of a qualifying patient's registry identification card only if the applicant:  (1) Did not provide the required information and materials; (2) Previously had a registry identification card revoked; or (3) Provided false or falsified information. (b) The Department shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:  (1) The designated caregiver does not meet the requirements of § 4902A(6) of this title; (2) The applicant did not provide the information required; (3) The designated caregiver previously had a registry identification card revoked; or (4) The applicant or the designated caregiver provides false or falsified information. (c) A prospective designated caregiver shall obtain a background check in compliance with § 4927A of this title to enable the Department to comply with subsection (b) of this section. Once a prospective designated caregiver has been granted a registry identification card, the designated caregiver must obtain a background check in compliance with § 4927A of this title every 3 years. (d) The Department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver. (e) (1) Denial of an application or renewal is considered a final Department action. (2) A denial of an application or renewal for a registry identification card for a registered qualifying patient, pediatric patient, or registered designated caregiver is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court. (3) A denial of an application or renewal for a compassionate use registry identification card is not subject to judicial review.78 Del. Laws, c. 23, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 11, §  3;  80 Del. Laws, c. 406, §  6;  82 Del. Laws, c. 213, § 4;  82 Del. Laws, c. 246, § 1;
16 DE Code § 4911A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4911A. Registry identification cards [For application of this section, see 82 Del. Laws, c. 246, § 5].

§ 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 qualifying patient. (3) That the registered cardholder is 1 of the following:  a. A qualifying adult patient. b. A designated caregiver for a qualifying adult patient. c. A designated caregiver for a pediatric patient. d. An adult compassionate use patient. e. A designated caregiver for an adult compassionate use patient.  f. A designated caregiver for a pediatric compassionate use patient. g. A CBD-rich patient. h. A designated caregiver for a CBD-rich patient. (4) The date of issuance and expiration date of the registry identification card. (5) A random 10-digit alphanumeric identification number, that is unique to the cardholder. (6) If the cardholder is a designated caregiver, the random 10-digit alphanumeric identification number of the qualifying patient the designated caregiver is receiving the registry identification card to assist. (b) (1) Except as provided in this subsection, the expiration date of a registry identification card is 1 year after the date of issuance. (2) If the health-care practitioner stated in the written certification that the qualifying patient would benefit from marijuana until a specified earlier date, then the registry identification card expires on that date. (3) If the health-care practitioner stated in the written certification that the compassionate use patient would benefit from a trial period using marijuana until a specified earlier date, then the registry identification card expires on that date. (c) The Department may, at its discretion, electronically store in the card all of the information listed in subsection (a) of this section, along with the address and date of birth of the cardholder, to allow it to be read by law-enforcement agents. 78 Del. Laws, c. 23, §  1;  80 Del. Laws, c. 406, §  7;  82 Del. Laws, c. 213, § 5;  82 Del. Laws, c. 246, § 3;  83 Del. Laws, c. 48, § 7;
16 DE Code § 4912A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4912A. Notifications to Department and responses; civil penalty.

§ 4912A. Notifications to Department and responses; civil penalty. (a) The following notifications and Department responses are required:  (1) A registered qualifying patient shall notify the Department of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her debilitating medical condition, within 10 days of the change. (2) A registered designated caregiver shall notify the Department of any change in his or her name or address, or if the designated caregiver becomes aware the qualifying patient passed away, within 10 days of the change. (3) Before a registered qualifying patient changes his or her designated caregiver, the qualifying patient must notify the Department. (4) If a cardholder loses his or her registry identification card, he or she shall notify the Department within 10 days of becoming aware the card has been lost. (b) When a cardholder notifies the Department of items listed in subsection (a) of this section, but remains eligible under this chapter, the Department shall issue the cardholder a new registry identification card with a new random 10-digit alphanumeric identification number within 10 days of receiving the updated information and pay a $20 fee. If the person notifying the Department is a registered qualifying patient, the Department shall also issue his or her registered designated caregiver, if any, a new registry identification card within 10 days of receiving the updated information. (c) If a registered qualifying patient ceases to be a registered qualifying patient or changes his or her registered designated caregiver, the Department shall promptly notify the designated caregiver. The registered designated caregiver's protections under this chapter as to that qualifying patient shall expire 15 days after notification by the Department. (d) A cardholder who fails to make a notification to the Department that is required by this section is subject to a civil infraction, punishable by a penalty of no more than $150. (e) The Department shall administer a real-time statewide patient registry to facilitate patient choice in purchasing medical marijuana from any properly licensed Delaware Compassion Centers. The registry shall track patient purchases to comply with § 4919A(i) of this title. (f) If the registered qualifying patient's certifying health-care practitioner notifies the Department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the health-care practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card becomes null and void. However, the registered qualifying patient has 15 days to dispose of their marijuana or give it to a registered compassion center where nothing of value is transferred in return. 78 Del. Laws, c. 23, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 406, §  8;  83 Del. Laws, c. 48, § 8;
16 DE Code § 4913A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4913A. Affirmative defense and dismissal for medical marijuana.

§ 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 patient's medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence shows all of the following:  (1) A health-care practitioner states that, in the health-care practitioner'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 health-care practitioner-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. (2) The individual was in possession of no more than 6 ounces of usable marijuana. (3) The individual was engaged in the acquisition, possession, use, or transportation of marijuana, paraphernalia, or both, relating to the administration of 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. (b) The defense and motion to dismiss shall not prevail if the prosecution proves that (1) The individual had a registry identification card revoked for misconduct; or (2) The purposes for the possession of marijuana were not solely for palliative or therapeutic use by the individual with a serious or debilitating medical condition who raised the defense. (c) An individual is not required to possess a registry identification card to raise the affirmative defense set forth in this section. (d) If an individual demonstrates the individual's medical purpose for using marijuana pursuant to this section, except as provided in § 4909A of this title, the individual shall not be subject to the following for the individual's use of marijuana for medical purposes:  (1) Disciplinary action by an occupational or professional licensing board or bureau; or (2) Forfeiture of any interest in or right to nonmarijuana, licit property. (e) (1) This section shall only apply for arrests made after July 1, 2011, until 75 days after registration for qualified patients is available, and (2) Thereafter, for arrests made after a valid an application for a qualifying patient has been submitted and before the registry identification card has been received.78 Del. Laws, c. 23, §  1;  83 Del. Laws, c. 48, § 9;
16 DE Code § 4916A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4916A. Compassion center and safety compliance facilities renewal.

§ 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 registration certificate. The Department shall grant a renewal application within 30 days of its submission if the following conditions are all satisfied:  (1) The registered compassion center or registered safety compliance facility submits a renewal application and the required renewal fee, which shall be refunded within 30 days if the renewal application is rejected; (2) The Department has not suspended the registered compassion center or registered safety compliance facility's registration certificate for violations of this chapter or regulations adopted pursuant to this chapter; and (3) The inspections authorized by § 4919A(u) of this title and the annual report, provided pursuant to § 4922A of this title, do not raise serious concerns about the continued operation of the registered compassion center or registered safety compliance facility applying for renewal. (4) The applicant still complies with the qualifications required in §§ 4914A and 4915A of this title.78 Del. Laws, c. 23, §  1;
16 DE Code § 4917A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4917A. Local ordinances.

§ 4917A. Local ordinances. Nothing shall prohibit local governments from enacting ordinances or regulations not in conflict with this chapter or with Department regulations regulating the time, place, and manner of registered compassion center operations and registered safety compliance facilities, provided that no local government may prohibit registered compassion center operation altogether, either expressly or though the enactment of ordinances or regulations which make registered compassion center and registered safety compliance facility operation unreasonably impracticable in the jurisdiction. 78 Del. Laws, c. 23, §  1;
16 DE Code § 4918A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4918A. Compassion center and safety compliance facility agents.

§ 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 in compliance with § 4927A of this title before beginning work, with or without compensation, at a registered compassion center or a registered safety compliance facility. Once a person becomes a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility, the person must obtain a background check in compliance with § 4927A of this title every 5 years. (2) A registered compassion center or a registered safety compliance facility may not employ, with or without compensation, any person who:  a. Was convicted of an excluded felony offense; b. Is under 21 years of age; c. Has been convicted of a misdemeanor drug offense, as provided in this title or an equivalent offense from another jurisdiction, within 5 years from the date of the application that is not excluded in § 4902A(8)b.2. of this title. (3) The Department is responsible for reviewing the background check of a person seeking to become, or who is, a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility to determine if the person complies with paragraph (a)(2) of this section. The Department shall notify the registered compassion center or registered safety compliance facility if a person is disqualified under paragraph (a)(2) of this section. (b) A registered compassion center or safety compliance facility agent must have documentation when transporting marijuana on behalf of the registered safety compliance facility or registered compassion center that specifies the amount of marijuana being transported, the date the marijuana is being transported, the registry ID certificate number of the registered compassion center or registered safety compliance facility, and a contact number to verify that the marijuana is being transported on behalf of the registered compassion center or registered safety compliance facility. 78 Del. Laws, c. 23, §  1;  80 Del. Laws, c. 11, §  4;  82 Del. Laws, c. 246, § 1;
16 DE Code § 4920A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4920A. Confidentiality.

§ 4920A. Confidentiality. (a) The following information received and records kept by the Department 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 any individual or public or private entity, except as necessary for authorized employees of the State of Delaware to perform official duties pursuant to this chapter:  (1) Applications and renewals, their contents, and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and health-care practitioners. (2) Applications and renewals, their contents, and supporting information submitted by or on behalf of compassion centers and safety compliance facilities in compliance with this chapter, including their physical addressees. (3) The individual names and other information identifying persons to whom the Department has issued registry identification cards. (4) Any dispensing information required to be kept under § 4919A of this title or Department regulation shall identify cardholders and registered compassion centers by their registry identification numbers and not contain names or other personally identifying information. (5) Any Department hard drives or other data-recording media that are no longer in use and that contain cardholder information must be destroyed. The Department shall retain a signed statement from a Department employee confirming the destruction. (b) Nothing in this section precludes the following:  (1) Department employees shall notify law-enforcement about falsified or fraudulent information submitted to the Department if the employee who suspects that falsified or fraudulent information has been submitted. (2) The Department shall notify state or local law-enforcement about apparent criminal violations of this chapter. (3) Compassion center agents shall notify the Department of a suspected violation or attempted violation of this chapter or the regulations issued pursuant to it. (4) The Department shall verify registry identification cards pursuant to 4921A of this title. (5) The submission of the § 4922A of this title report to the legislature. Information obtained pursuant to this chapter is subject to the same protections and penalties afforded other health information under the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Part 160, 162 and 164.78 Del. Laws, c. 23, §  1;  83 Del. Laws, c. 48, § 11;