BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1448, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties.
(h) Under § 4903A of Title 16, a registered qualifying patient is not a person prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State.
Section 2. Amend § 4903A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4903A Protections for the medical use of marijuana.
(a) A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including
but not limited to
civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marijuana
pursuant to
under
this chapter, if the registered qualifying patient does not possess more than 6 ounces of usable marijuana.
(c)
[Repealed.]
A registered qualifying patient is not a person prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm under § 1448 of Title 11.
(q) Where a state-funded or locally funded law-enforcement agency encounters an individual who, during the course of the investigation, credibly asserts that
he or she
the individual
is a registered cardholder, or encounters an entity whose personnel credibly assert that it is a registered compassion center, the law-enforcement agency shall not provide any information from any marijuana-related investigation of the person to any law-enforcement authority that does not recognize the protection of this
chapter
chapter, including the National Instant Criminal Background Check System ("NICS"), 28 C.F.R. §§ 25.1-25.11,
and any prosecution of the individual, individuals, or entity for a violation of this chapter shall be conducted
pursuant to
under
the laws of this State.
SYNOPSIS
This Act clarifies existing law so that an individual is not disqualified from possessing or purchasing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Delcollo
