reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4801B. Findings and purpose.

§ 4801B. Findings and purpose.
(a) It is the intent of the General Assembly that the Prescription Opioid Impact Fund be established under this chapter to fund prevention and treatment of opioid addiction. In establishing the Prescription Opioid Impact Fund, the General Assembly finds as follows:
(1) The Prescription Opioid Impact Fund is needed to prevent and respond to the dramatic increase in opioid addiction in this State.
(2) The Prescription Opioid Impact Fund is needed to protect the public health, safety, and general welfare of the citizens of this State.
(3) In the 4 years prior to the creation of the Prescription Opioid Impact Fund, prescription opioids were dispensed to Delaware residents as follows:
a. In 2015, 870,017 prescriptions for 59,138,601 individual doses totaling 1,104,171,268 MMEs.
b. In 2016, 831,005 prescriptions for 56,440,474 individual doses totaling 1,050,147,346 MMEs.
c. In 2017, 750,944 prescriptions for 49,875,000 individual doses totaling 921,842,143 MMEs.
d. In 2018, 750,691 prescriptions for 46,125,690 individual doses totaling 826,770,680 MMEs.
(4) There is a direct connection in this State between the quantity and strength of opioids prescribed to citizens and the rates of opioid addiction and overdose deaths.
(5) There is a substantial nexus between the opioid manufacturers subject to the impact fee and the State, in part because only those manufacturers whose prescription opioids are dispensed in the State in amounts sufficient to meet the quarterly threshold in § 4804B(a) of this title are subject to the impact fee.
(6) Opioid manufacturers receive revenues in connection with prescription opioids dispensed in in this State.
(7) The Prescription Opioid Impact Fund will pay for a share of the cost incurred by the State of opioid substance abuse treatment and prevention.
(8) The impact fee does not discriminate against interstate commerce, because both in-state and out-of-state opioid manufacturers are equally subject to its provisions.
(9) The impact fee is fairly apportioned because it is based upon the volume of an opioid manufacturer's product dispensed within Delaware, with recognition that some manufacturers' products have different underlying costs and are sold at substantially different prices.
(10) By paying a share of the cost of opioid addiction treatment and prevention, the opioid manufacturers receive assistance in promoting responsible product use and offset negative effect that these products have on Delaware residents.
(b) It is the intent of this chapter to ensure that adequate public funds are available to do all of the following:
(1) Prevent more individuals from becoming addicted to opioids.
(2) Provide funding to defray expenses incurred by the Prescription Monitoring Program under this chapter.
(3) Provide opioid addiction treatment to all Delawareans who have opioid addiction.
(4) Fund emergency medical assistance to treat opioid overdoses.
82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4803B. Prescription Opioid Impact Fund.

§ 4803B. Prescription Opioid Impact Fund.
(a) A special fund known as the Prescription Opioid Impact Fund (“Impact Fund”) is established and the State Treasurer shall invest the Impact Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Impact Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Impact Fund shall be administered collectively with the Prescription Opioid Settlement Fund under § 5196B of this title.
(b) The following moneys must be deposited in the Impact Fund:
(1) All impact fees collected by the State under § 4804B of this title.
(2) [Repealed.]
(3) Any other money appropriated or transferred to the Impact Fund by the General Assembly.
(c) Money in the Impact Fund must be used for activities in 1 or more of the following categories:
(1) Opioid addiction prevention.
(2) The following opioid addiction services:
a. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and recovery residences.
b. Services relating to treating substance use disorder for the under-insured and uninsured.
c. Emergency assistance relating to prescription opioids, including purchasing pharmaceuticals used to reverse the effect of an opioid overdose.
d. Peer support programs.
e. Services to address adverse social determinants of health which act as a barrier to recovery, including family support services.
(3) The cost of administering this chapter, as follows:
a. No more than 15% of the money annually deposited into the Impact Fund may be used for administering this chapter including expenses incurred by the Prescription Monitoring Program under this chapter.
b. Entering into contracts to implement this chapter, including contracts entered into by the Secretary of the Department of Health and Social Services or the Secretary of State for administration of this chapter.
c. Costs incurred by the Attorney General to bring an action to enforce this chapter must be covered by the Impact Fund and are not subject to or included in the 15% cap on administrative expenses.
(d) Money in the Impact Fund may not be used to supplant existing state or local government funding.
(e) The Behavioral Health Consortium shall distribute the money in the Impact Fund based upon the recommendations of the Prescription Opioid Settlement Distribution Commission.
(f) Money appropriated by the General Assembly to implement this chapter must be reimbursed from money received under this section.
82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, §§  3, 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4804B. Prescription opioid impact fee.

§ 4804B. Prescription opioid impact fee.
(a) A manufacturer of a prescription opioid must pay a prescription opioid impact fee to the State if more than 100,000 MME of the manufacturer's prescription opioid products are dispensed in this State in a quarter.
(b) The prescription opioid impact fee is calculated as follows:
(1) The impact fee is $0.01 per MME for a prescription opioid dispensed and reported in the PMP.
(2) The impact fee is $0.0025 per MME for a prescription opioid that is a generic substitution.
(c) The Secretary of State shall calculate the total amount of the impact fee on a quarterly basis using the information in the PMP.
(d) The Secretary of State shall send an invoice to manufacturers of prescription opioids dispensed in this State for the impact fee due under this section quarterly, beginning after the close of the first full quarter after June 12, 2019.
(e) Manufacturers of prescription opioids shall pay the impact fee 1 month after the date of an invoice.
(f) When a manufacturer of prescription opioids fails to pay the impact fee within 1 month after the date of an invoice, the penalty is $100 a day or 10% of the impact fee due, whichever is greater. In addition, any unpaid impact fee bears interest at the rate of 1% a month.
(g) A manufacturer who disputes the amount of an invoice sent under this chapter may request a hearing under § 4736 of this title.
82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4805B. Enforcement.

§ 4805B. Enforcement.
The Attorney General may bring an action on behalf of the State to enforce this chapter. The Attorney General may recover interest and reasonable attorney fees and expenses as a result of a successful action to enforce this chapter. Any attorney fees recovered in an action to enforce this chapter must be remitted to the Fund.
82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4806B. Policies and procedures.

§ 4806B. Policies and procedures.
(a) The Secretary of the Department of Health and Social Services shall develop necessary policies and procedures and promulgate necessary regulations to implement § 4803B of this title.
(b) The Secretary of State shall develop necessary policies and procedures and promulgate necessary regulations to implement § 4804B of this title.
82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4808B. Prescription Opioid Settlement Fund.

§ 4808B. Prescription Opioid Settlement Fund.
(a) A special fund known as the Prescription Opioid Settlement Fund (Settlement Fund) is established and the State Treasurer shall invest moneys in the Settlement Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Settlement Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Settlement Fund shall be administered collectively with the Prescription Opioid Impact Fund under § 5196B of this title.
(b) The Settlement Fund shall hold all moneys collected by the State and its subdivisions as a result of the terms of statewide opioid settlement agreements, judgments, or other recoveries in connection with a defendant's actual or alleged liability for contributing to the opioid crisis in Delaware that must be used for purposes of remediating or abating the opioid crisis in Delaware.
(c) All money in the Settlement Fund is continuously available for expenditure under § 5196B of this title and spending limits imposed by the General Assembly, including for salaries and other routine operating expenses of the Settlement Fund or the Prescription Opioid Settlement Distribution Commission.
(1) Annually, $300,000 or 5% of the total annually deposited into the Settlement Fund, whichever is greater, may be used for administering this chapter and §§ 5196 through 5196B of Title 16.
(2) Money appropriated by the General Assembly to implement this chapter and §§ 5196 through § 5196B of Title 16 must be reimbursed from the Funds.
(d) Money in the Settlement Fund must be used for activities in 1 or more of the following categories:
(1) For services that remediate the harm caused by opioids.
(2) To reduce harm caused by opioids.
(3) Consistent with the terms of the settlement, judgment, or other source of the moneys.
(e) Money in the Settlement Fund may not be used to supplant existing state or local government funding.
(f) Money in the Settlement Fund does not lapse at any time and must not be transferred to or commingled with any other fund.
(g) The Behavioral Health Consortium shall distribute the money in the Settlement Fund based upon the recommendations of the Prescription Opioid Settlement Distribution Commission.
83 Del. Laws, c. 243, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 48B. Prescription Opioid Funds; Litigation Authority › § 4809B. Limitation on authority of government entities to bring lawsuits.

§ 4809B. Limitation on authority of government entities to bring lawsuits.
No government entity has the authority to assert released claims after February 28, 2021 against entities released by the Department of Justice in a statewide opioid settlement agreement executed by the Attorney General and the released party.
83 Del. Laws, c. 243, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49. NATURAL FOOD SUBSTANCES › § 4901. Manufacture, delivery, possession and use of laetrile.

§ 4901. Manufacture, delivery, possession and use of laetrile.
The manufacture, delivery, possession and use of laetrile (amygdalin, Vitamin B-17) is lawful within the State. No person, however, shall manufacture, sell or deliver laetrile (amygdalin, Vitamin B-17) for purposes of transporting such substances to any other state, district or territory beyond the borders of Delaware.
61 Del. Laws, c. 90, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49. NATURAL FOOD SUBSTANCES › § 4902. Sale or distribution of laetrile; labeling requirement.

§ 4902. Sale or distribution of laetrile; labeling requirement.
Laetrile (amygdalin, Vitamin B-17) may be distributed or sold by any person, and no special license or prescription shall be required for the sale or distribution of such substance. The label or other device affixed to a container containing laetrile (amygdalin, Vitamin B-17) shall include a statement that such substance has not yet been approved as a treatment or cure for cancer by the Food and Drug Administration of the United States Department of Health, Education and Welfare.
61 Del. Laws, c. 90, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49. NATURAL FOOD SUBSTANCES › § 4903. Duties of Department.

§ 4903. Duties of Department.
The Department of Health and Social Services shall:
(1) Adopt regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing or packaging laetrile (amygdalin, Vitamin B-17);
(2) Conduct inspections of manufacturers of laetrile (amygdalin, Vitamin B-17);
(3) Establish reasonable fees, to be collected from the manufacturer, for the purpose of paying the costs of the inspections.
61 Del. Laws, c. 90, §  2;  70 Del. Laws, c. 149, §  197;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49. NATURAL FOOD SUBSTANCES › § 4904. Prescribing or administering of laetrile.

§ 4904. Prescribing or administering of laetrile.
(a) No hospital nor health facility may interfere with the physician-patient relationship by restricting or forbidding the use of laetrile (amygdalin, Vitamin B-17) when prescribed or administered by a physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in § 1702(11) of Title 24 and/or when requested by a patient, unless the substance as prescribed or administered by the physician or medical practitioner is found to be harmful by the Board of Medical Licensure and Discipline in a public hearing which complies with the Freedom of Information Act [Chapter 100 of Title 29].
(b) No physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in § 1702(11) of Title 24 shall be subject to disciplinary action solely for the prescribing or administering of laetrile (amygdalin, Vitamin B-17) to a patient under the physician's, surgeon's, osteopath's or other person's care who has requested the substance.
(c) Under this section laetrile shall not be considered a medical drug, but shall be considered a natural food substance.
61 Del. Laws, c. 90, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  2;  77 Del. Laws, c. 319, §  1;  80 Del. Laws, c. 80, §  2;  81 Del. Laws, c. 340, § 2;  82 Del. Laws, c. 75, § 3;  83 Del. Laws, c. 52, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49. NATURAL FOOD SUBSTANCES › § 4905. Distribution by pharmacists.

§ 4905. Distribution by pharmacists.
A pharmacist shall not be subject to any penalty for filling a prescription for laetrile (amygdalin, Vitamin B-17) if the prescription is issued to a patient by a physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in § 1702(11) of Title 24.
61 Del. Laws, c. 90, §  2;  81 Del. Laws, c. 340, § 2;  82 Del. Laws, c. 75, § 3;  83 Del. Laws, c. 52, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4904A. Limitations.

§ 4904A. Limitations.
(a) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice;
(2) Except as provided in subsection (b) of this section, possessing marijuana, or otherwise engaging in the medical use of marijuana:
a. In a school bus;
b. On the grounds of any preschool or primary or secondary school; or
c. In any correctional facility.
d. In any health care or treatment facility operated by the Department or funded contractually through the Department.
(3) Smoking marijuana:
a. In any form of transportation; or
b. In any public place.
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat 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.
(5) Using marijuana if that person does not have a serious or debilitating medical condition.
(6) Transferring marijuana to any person who is not allowed to possess marijuana under this chapter.
(b) School exceptions. — Notwithstanding subsection (a) of this section, a designated caregiver registered pursuant to § 4908A of this title may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The designated caregiver shall not be a school nurse or other school employee hired or contracted by a school unless he or she is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of medical marijuana oil which is kept at all times on their person. Provided further, this exception shall only apply within the physical boundaries of the State of Delaware.
78 Del. Laws, c. 23, §  1;  80 Del. Laws, c. 406, §  3;  80 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4905A. Discrimination prohibited.

§ 4905A. Discrimination prohibited.
(a) (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.
(2) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of marijuana under this chapter is considered the equivalent of the authorized use of any other medication used at the direction of a health-care practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
(3) Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:
a. The person's status as a cardholder; or
b. A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.
(b) A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person's actions in relation to marijuana were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
(c) No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder.
78 Del. Laws, c. 23, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 48, § 4;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4921A. Registry identification and registration certificate verification.

§ 4921A. Registry identification and registration certificate verification.
(a) The Department shall maintain a confidential list of the persons to whom the Department has issued registry identification cards and their addresses, phone numbers, and registry identification numbers.
(b) The Department shall maintain a verification system which shall be established by January 1, 2013. The verification system must allow law-enforcement personnel, compassion center agents, and safety compliance facility agents to enter a registry identification number to determine whether or not the number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid; whether the cardholder is a registered qualifying patient or a registered designated caregiver; the registry identification number of the registered compassion center designated to serve the registered qualifying patient; and, if the cardholder is a registered designated caregiver, the registry identification number of the registered qualified patient who is assisted by the cardholder.
(c) The Department shall, with a cardholder's permission, confirm his or her status as a registered qualifying patient or registered designated caregiver to a landlord, employer, school, medical professional, or court.
(d) The Department shall disclose the names of any person whose registry identification card was revoked to any court where the person is seeking to assert the protections of 4913A of this title.
78 Del. Laws, c. 23, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4922A. Annual report by Department.

§ 4922A. Annual report by Department.
(a) [Repealed.]
(b) The Department shall submit to the Governor and the General Assembly an annual report that does not disclose any identifying information about cardholders, registered compassion centers, or health-care practitioners, but does contain, at a minimum, all of the following information:
(1) The number of applications and renewals filed for registry identification cards.
(2) The number of qualifying patients and designated caregivers approved in each county.
(3) The nature of the debilitating medical conditions of the qualifying patients.
(4) The number of registry identification cards revoked for misconduct.
(5) The number of health-care practitioners providing written certifications for qualifying patients.
(6) The number of registered compassion centers.
(7) Specific accounting of fees and costs.
78 Del. Laws, c. 23, §  1;  80 Del. Laws, c. 11, §  1;  83 Del. Laws, c. 48, § 12;  83 Del. Laws, c. 463, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4924A. Enforcement of this chapter.

§ 4924A. Enforcement of this chapter.
If the Department fails to adopt regulations to implement this chapter within the times provided for in this chapter, any citizen may commence an action in Superior Court to compel the Department to perform the actions mandated pursuant to the provisions of this chapter.
78 Del. Laws, c. 23, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4925A. Severability.

§ 4925A. Severability.
Any section of this chapter being held invalid as to any person or circumstance shall not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.
78 Del. Laws, c. 23, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4926A. Date of effect.

§ 4926A. Date of effect.
This chapter shall take effect on the first day of the fiscal year following its enactment into law. If, however, the chapter, is not enacted before July 1, 2011, then the effective date shall be 90 days from enactment. [The chapter became effective on July 1, 2011.]
78 Del. Laws, c. 23, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4927A. Background checks.

§ 4927A. Background checks.
(a) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following:
(1) A report of the person's entire criminal history record from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that person.
(2) A report of the person's entire federal criminal history record from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534) or a statement that the Federal Bureau of Investigation's records contain no such information relating to that person.
(b) The State Bureau of Identification shall be the intermediary for the purpose of subsection (a) of this section and shall forward all information required by subsection (a) of this section to the Department.
(c) The Department shall use the background check required by this section only to determine if the person required to obtain a background check meets the requirements of this chapter.
(d) A person required to obtain a background check under this chapter is responsible for any costs associated with obtaining the background check.
80 Del. Laws, c. 11, §  5;