Delaware General Assembly

House Public Safety & Homeland Security 6/20/19 (Tabled in Committee)

The General Assembly has ended, the current status is the final status.

6/20/19

Michael Smith

Rep. Bennett
Sen. Delcollo

Rep. Osienski
Sen. Paradee, Sokola

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CULTIVATION OF MEDICAL MARIJUANA BY REGISTERED QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS.

This Act allows registered qualifying patients and registered designated caregivers to grow limited amounts of medical marijuana if the following requirements are met: 1. The Department of Health and Social Services approves an application to cultivate and manufacture medical marijuana. This application must include an affidavit attesting to the applicant’s ability to meet all of the requirements under this Act. 2. Only 6 mature plants and 6 immature plants may be cultivated for each registered qualifying patient and a designated caregiver can cultivate marijuana for no more than 3 registered qualifying patients. 3. Marijuana must be cultivated at the home address of record for the registered qualifying patient or designated caregiver. 4. Each marijuana plant must have a tag containing the registered qualifying patient’s name, address, and registry identification number. This Act is known as “The Delaware Patient Right to Grow Act”. 5. Marijuana must be cultivated in an enclosed, locked facility with an electrical system that is compliant with all State and local codes and waste must be disposed of safely, in the manner required by regulations for compassion centers. 6. Marijuana may not be cultivated using pesticides or manufactured using compressed, flammable gas as a solvent. 7. Detailed monthly records must be maintained regarding the amount of marijuana being cultivated. This Act also gives the Department the authority to perform random inspections of home cultivation facilities and to require the production of the detailed monthly records. Unless there is credible reason to suspect a violation of this Act, the Department may only perform 2 inspections of the same location in a 12 month period. The Department must provide at least 5 days to correct a violation and the opportunity for a hearing on a decision to revoke approval to cultivate and manufacture marijuana. A registered patient or qualified caregiver has at least 5 days after the Secretary's final decision to revoke approval to cultivate and manufacture marijuana to properly dispose of the marijuana plants. This Act also allows a landlord, homeowners association, or common interest communities to prohibit the cultivation of marijuana and requires that the annual report from the Medical Marijuana Act Oversight Committee provide data and recommendations regarding home cultivation of marijuana. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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Takes effect upon being signed into law

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