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146th General Assembly
Senate Bill # 17 w/SA 3, SA 4 + HA 6, HA 7

Primary Sponsor: Henry Additional Sponsor(s):    Rep. Keeley
CoSponsors: Sens. Marshall, Peterson, Sorenson, Venables; Reps. Barbieri, George, Kowalko, Manolakos, Mulrooney, Schooley, B. Short, Viola
Introduced on : 01/25/2011
Long Title:AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING THE DELAWARE MEDICAL MARIJUANA ACT.
Synopsis:This legislation is based on the Marijuana Policy Project’s model medical marijuana legislation. The Bill creates an exception to a state’s criminal laws to permit the doctor-recommended medical use of marijuana by patients with serious medical conditions. A patient would only be protected from arrest of controlled substance laws if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. The patient would send a copy of the written certification to the state Department of Health and Social Services and the Department would issue an ID card after verifying the information. Police officers could verify an ID card’s validity with the Department. As long as the patient is in compliance with the law, there would be no arrest.
Patients would be allowed to possess up to 6 ounces for their medical use. Six ounces is less than the federal government has determined is a one-month supply for patients in the Compassionate Investigational New Drug Program.
The legislation allows them to designate a caregiver who would also receive an ID card. Each caregiver may assist no more than five qualifying patients.
The legislation would allow for the state-regulated, non-profit distribution of medical marijuana. The Department of Health and Social Services would issue registration certificates to qualified applicants, who would have to abide by the rules on security, recordkeeping, and oversight provided for by the model medical marijuana legislation, in addition to any additional rules that the Department may develop. All dispensaries would be subject to random inspection and all of their staff would have to register with the Department of health. It is important that the law provide for both caregivers and dispensaries, since patients in rural areas are unlikely to have access to dispensaries, and because many low-income patients will not be able to afford medical marijuana at dispensaries. In addition, very ill patients would need a caregiver to pick up their medicine for them.
The Bill maintains commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana. Employers are not required to allow patients to be impaired at work or to allow the possession of marijuana at a workplace. Insurance providers would not have to cover medical marijuana.

Current Status: Signed   On   05/13/2011
Volume Chapter78:23
Date Governor acted:05/13/2011
Full text of Legislation:
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Full text of Legislation:
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Fiscal Notes/Fee Impact:F/I; F/N (Complete)
Amendments: SA 1 to SB 17 - Stricken
SA 2 to SB 17 - Stricken
SA 3 to SB 17 - Passed
SA 4 to SB 17 - Passed
HA 1 to SB 17 - Stricken
HA 1 to HA 1 to SB 17 - Stricken
HA 2 to SB 17 - Defeated
HA 3 to SB 17 - Stricken
HA 6 to SB 17 - Passed
HA 7 to SB 17 - Passed
HA 4 to SB 17 - Stricken
HA 5 to SB 17 - Stricken
HA 8 to SB 17 - Stricken
HA 9 to SB 17 - Defeated
HA 10 to SB 17 - Defeated
HA 11 to SB 17 - Defeated
SA 5 to SB 17 - Stricken
Committee Reports:
Senate Committee report 03/23/11 F=0 M=7 U=0----->Committee Report
House Committee Report 04/13/11 F=2 M=10 U=0---->Committee Report
Voting Reports:
Senate vote: () Passed 3/31/2011 4:26:26 PM------->Voting Record
House vote: () Passed 5/5/2011 7:01:21 PM------->Voting Record
Senate vote: () Passed 5/11/2011 5:01:27 PM------->Voting Record
Fiscal Notes:
Fee Impact:
Engrossed Version:
Engrossment------->Engrossment
Actions History:
May 13, 2011 - Signed by Governor
May 11, 2011 - Passed by Senate. Votes: Passed 17 YES 4 NO 0 NOT VOTING 0 ABSENT 0 VACANT
May 11, 2011 - Amendment SA 5 - Stricken
May 11, 2011 - Amendment SA 1 - Stricken
May 10, 2011 - Amendment SA 5 - Introduced and Placed With the Bill in Senate
May 05, 2011 - Passed by House of Representatives. Votes: Passed 27 YES 14 NO 0 NOT VOTING 0 ABSENT 0 VACANT
May 05, 2011 - Amendment HA 5 - Stricken
May 05, 2011 - Amendment HA 11 - Defeated by House of Representatives. Votes: Defeated 14 YES 27 NO 0 NOT VOTING 0 ABSENT 0 VACANT
May 05, 2011 - Amendment HA 11 defeated
May 05, 2011 - Amendment HA 11 - Introduced in House
May 05, 2011 - Amendment HA 10 - Defeated by House of Representatives. Votes: Defeated 1 YES 35 NO 4 NOT VOTING 1 ABSENT 0 VACANT
May 05, 2011 - Amendment HA 10 defeated
May 05, 2011 - Amendment HA 10 - Introduced in House
May 05, 2011 - Amendment HA 9 - Defeated in House by Voice Vote
May 05, 2011 - Amendment HA 9 defeated
May 05, 2011 - Amendment HA 9 - Introduced in House
May 05, 2011 - Amendment HA 8 - Stricken
May 05, 2011 - Amendment HA 8 - Introduced in House
May 05, 2011 - Amendment HA 7 - Passed by House of Representatives. Votes: Passed 23 YES 17 NO 0 NOT VOTING 1 ABSENT 0 VACANT
May 05, 2011 - Amendment HA 6 - Passed by House of Representatives. Votes: Passed 23 YES 17 NO 0 NOT VOTING 1 ABSENT 0 VACANT
May 05, 2011 - Amendment HA 5 - Laid On Table in House
May 05, 2011 - Amendment HA 4 - Stricken
May 05, 2011 - Amendment HA 3 - Stricken
May 05, 2011 - Amendment HA 2 - Defeated by House of Representatives. Votes: Defeated 16 YES 23 NO 2 NOT VOTING 0 ABSENT 0 VACANT
May 05, 2011 - Amendment HA 2 defeated
May 05, 2011 - Amendment HA 1 - Stricken
May 05, 2011 - Amendment HA 1 to HA 1 - Stricken
May 05, 2011 - Necessary rules are suspended in House
May 05, 2011 - Amendment HA 7 - Introduced and Placed With Bill
May 05, 2011 - Amendment HA 6 - Introduced and Placed With Bill
May 05, 2011 - Amendment HA 5 - Introduced and Placed With Bill
May 05, 2011 - Amendment HA 4 - Introduced and Placed With Bill
May 05, 2011 - Amendment HA 1 to HA 1 - Introduced and Placed With Bill
May 04, 2011 - Amendment HA 3 - Introduced and Placed With Bill
Apr 14, 2011 - Amendment HA 2 - Introduced and Placed With Bill
Apr 13, 2011 - Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 2 Favorable, 10 On Its Merits
Apr 06, 2011 - Amendment HA 1 - Introduced and Placed With Bill
Apr 05, 2011 - Introduced and Assigned to Health & Human Development Committee in House
Mar 31, 2011 - Passed by Senate. Votes: Passed 18 YES 3 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Mar 31, 2011 - Amendment SA 4 - Passed by Senate. Votes: Passed 13 YES 8 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Mar 31, 2011 - Amendment SA 4 - Introduced in Senate
Mar 31, 2011 - Amendment SA 1 - Laid On Table in Senate
Mar 31, 2011 - Amendment SA 3 - Passed by Senate. Votes: Passed 19 YES 2 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Mar 31, 2011 - Amendment SA 3 - Introduced in Senate
Mar 31, 2011 - Amendment SA 2 - Stricken
Mar 31, 2011 - Amendment SA 2 - Introduced in Senate
Mar 23, 2011 - Reported Out of Committee (HEALTH & SOCIAL SERVICES) in Senate with 7 On Its Merits
Mar 22, 2011 - Amendment SA 1 - Introduced and Placed With the Bill in Senate
Jan 25, 2011 - Assigned to Health & Social Services Committee in Senate
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