The Delaware Medical Marijuana Program, under Senate Bill No. 17, was signed into law by the State Governor on May 13, 2011, after passing both the House and the Senate. The law was made effective on July 1, 2011. Under the law, a qualifying patient who has been diagnosed with any debilitating medical condition (certified in writing by a physician) is protected from arrest after he has been registered in the medical marijuana program. The law prescribes a mandatory registration of qualifying patients and their designated caregivers.
A caregiver is an individual who meets the qualification and requirements provided by law. He is designated by the qualifying patient to assist the patient in the administration of medical use of marijuana. He may only serve no more than five (5) qualifying patients with their medical use of marijuana.
A designated caregiver must be registered under the Delaware Medical Marijuana Program and shall pay the Department a $125 registration fee together with his application.
The applicant has to meet the following requirements and qualifications:
- Be at least 21 years of age;
- Agree to assist with a patient’s medical use of marijuana;
- Not have been convicted of an excluded felony offense.
The Delaware Medical Marijuana Program authorizes the operation of registered compassion centers, which are a non-profit entity that acquires, possesses, cultivates, delivers, sells and dispenses marijuana, paraphernalia and related supplies and educational materials to registered qualifying patients and designated caregivers.
Registered compassion centers are subject to random and reasonable inspection by the Department of Health and Social Services after giving due and reasonable notice for such inspection.
The Delaware Medical Marijuana Program does not allow patients or caregivers to grow marijuana. It instead authorizes the operation of state-regulated non-profit distribution of medical marijuana by Compassion Centers.