Delaware becomes the 16th state to legalize medical use of marijuana

Delaware becomes the 16th state to legalize medical use of marijuana

by promarijuanareform@normlnz.com on 15. May, 2011 in Norml

(Washington Post) DOVER, Del. — Gov. Jack Markell has signed legislation making Delaware the 16th state to allow the use of medical marijuana.

The new law allows people 18 and older with certain serious or debilitating conditions that could be alleviated by marijuana to possess up to six ounces of the drug. Qualifying patients would be referred to state-licensed and regulated “compassion centers,” which would be located in each of Delaware’s three counties. The centers would grow, cultivate and dispense the marijuana.

Some highlights of the Delaware law:

  • Patients may possess up to six ounces of usable cannabis
  • Patients may purchase cannabis from three state-licensed dispensaries
  • Patients may not grow their own cannabis
  • Dispensary workers must be 21 years old and five or more years since a drug misdemeanor.  Drug felons are excluded.
  • Patients may get cards for cancer, HIV/AIDS, cirrhosis, ALS (Lou Gehrig’s), Alzheimer’s agitation, and PTSD (post traumatic stress disorder)
  • Patients may get cards to deal with cachexia or wasting syndrome; intractable nausea; seizures; or severe and persistent muscle spasms
  • Pain patients can only get a card if their pain has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
  • Patients may designate caregivers and caregivers may only assist up to five patients.
  • Only the weight of usable medicine is considered against a patients limits, not the weight of preparations (e.g. the three grams of medicine in the ten ounces of brownies counts only as three grams, not ten ounces)
  • Patients shall not be considered DUID solely for the presence of marijuana metabolites in their urine
  • Schools may not discriminate against patients in enrollment*
  • Landlords may not discriminate against patients in housing*
  • Medical care, including organ transplants, shall not be denied to patients
  • Employers may not discriminate against patients in hiring, promotions, and firing.  Positive urine screens for marijuana cannot be used against patients*
  • Patients may not be discriminated against in cases of parental rights and child custody.

*unless failing to do so would cause the school or landlord  or employer to lose a monetary or licensing-related benefit under federal law or regulations.

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