Sen. Henry & Rep. Keeley
Reps. Barbieri, Baumbach, Briggs King, Kowalko, Potter, Viola, K. Williams
DELAWARE STATE SENATE
148th GENERAL ASSEMBLY
SENATE BILL NO. 7
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEDICAL MARIJUANA ACT.
Section 1. Amend § 4922A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Annual reports. Oversight
committee; annual report by Department. (a)(1) The legislature shall appoint
a 9-member oversight committee comprised of: 1 member of the House of
Representatives; 1 representative of the Department; 1 member of the Senate; 1
physician with experience in medical marijuana issues; 1 nurse; 1 board member
or principal officer of a registered safety compliance facility; 1 individual
with experience in policy development or implementation in the field of medical
marijuana; and 3 registered patients.
(a) The Medical Marijuana Act Oversight Committee is established to evaluate and make recommendations regarding the implementation of this chapter.
(1) The Oversight Committee shall consist of 7 members who possess the qualifications and are appointed as follows:
a. One member, appointed by the President Pro Tempore of the Senate.
b. One member, appointed by the Speaker of the House.
c. The Secretary of the Department, or the Secretary’s designee.
d. One medical professional, licensed in Delaware, with experience in medical marijuana issues, appointed by the Governor.
e. One representative of a registered compassion center, appointed by the Governor.
f. One representative of a registered safety compliance facility, appointed by the Governor.
g. One member who shall be a cardholder as defined in § 4902A of this title, appointed by the Governor.
(2) The members of the Oversight Committee shall serve at the pleasure of the appointing authority.
(3) A quorum shall consist of 50% of the membership of the Oversight Committee.
(4) The Oversight Committee shall select a Chair and Vice Chair from among its members.
(5) Staff support for the Oversight Committee shall be provided by the Office of the Secretary of the Department.
(2) (6) The oversight committee
Oversight Committee shall meet at least 2 times per year for the purpose
of evaluating and making recommendations to the legislature and the
Department the Governor, the General Assembly, and the Department regarding
a. The ability of qualifying patients in all areas of the State to obtain timely access to high-quality medical marijuana.
b. The effectiveness of the registered compassion centers, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the registered qualifying patients of Delaware.
c. The effectiveness of the registered safety compliance facility or facilities, including whether a sufficient number are operating.
d. The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the Department to ensure that access to and use of marijuana cultivated is provided only to cardholders authorized for such purposes.
e. Any recommended additions or revisions to the Department regulations or this chapter, including relating to security, safe handling, labeling, and nomenclature.
f. Any research studies regarding health effects of medical marijuana for patients.
(b) The Department shall submit to
legislature the Governor and the General Assembly an annual report
that does not disclose any identifying information about cardholders,
registered compassion centers, or physicians, but does contain, at a minimum,
all of the following information:
number of applications and renewals filed for registry identification
number of qualifying patients and designated caregivers approved in each
nature of the debilitating medical conditions of the qualifying
number of registry identification cards revoked for
number of physicians providing written certifications for qualifying
number of registered compassion
centers, and centers.
(7) Specific accounting of fees and costs.
Section 2. The Secretary of the Department, or the Secretary’s designee, shall serve as temporary Chair pending the Oversight Committee’s selection of a Chair under § 4922A(a)(4) of Title 16. The Secretary of the Department, or the Secretary’s designee, shall set the date, time, and place for the initial organizational meeting of the Oversight Committee.
This Act clarifies the appointment process for and internal operations of the Medical Marijuana Act Oversight Committee.
Author: Sen. Henry