DE SB17 | 2011-2012 | 146th General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 11-2-1)
Status: Passed on May 13 2011 - 100% progression
Action: 2011-05-13 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 11-2-1)
Status: Passed on May 13 2011 - 100% progression
Action: 2011-05-13 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Summary
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.
Title
An Act To Amend Title 16 Of The Delaware Code Creating The Delaware Medical Marijuana Act.
Sponsors
Roll Calls
2011-05-11 - Senate - Senate Third Reading (Y: 17 N: 4 NV: 0 Abs: 0) [PASS]
2011-05-05 - House - House Third Reading (Y: 27 N: 14 NV: 0 Abs: 0) [PASS]
2011-03-31 - Senate - Senate Third Reading (Y: 18 N: 3 NV: 0 Abs: 0) [PASS]
2011-05-05 - House - House Third Reading (Y: 27 N: 14 NV: 0 Abs: 0) [PASS]
2011-03-31 - Senate - Senate Third Reading (Y: 18 N: 3 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2011-05-13 | Signed by Governor | |
| 2011-05-11 | Passed by Senate. Votes: Passed 17 YES 4 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-05-11 | Amendment SA 5 - Stricken | |
| 2011-05-11 | Amendment SA 1 - Stricken | |
| 2011-05-10 | Amendment SA 5 - Introduced and Placed With the Bill in Senate | |
| 2011-05-05 | Passed by House of Representatives. Votes: Passed 27 YES 14 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-05-05 | Amendment HA 5 - Stricken | |
| 2011-05-05 | Amendment HA 11 - Defeated by House of Representatives. Votes: Defeated 14 YES 27 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-05-05 | Amendment HA 11 defeated | |
| 2011-05-05 | Amendment HA 11 - Introduced in House | |
| 2011-05-05 | Amendment HA 10 - Defeated by House of Representatives. Votes: Defeated 1 YES 35 NO 4 NOT VOTING 1 ABSENT 0 VACANT | |
| 2011-05-05 | Amendment HA 10 defeated | |
| 2011-05-05 | Amendment HA 10 - Introduced in House | |
| 2011-05-05 | Amendment HA 9 - Defeated in House by Voice Vote | |
| 2011-05-05 | Amendment HA 9 defeated | |
| 2011-05-05 | Amendment HA 9 - Introduced in House | |
| 2011-05-05 | Amendment HA 8 - Stricken | |
| 2011-05-05 | Amendment HA 8 - Introduced in House | |
| 2011-05-05 | Amendment HA 7 - Passed by House of Representatives. Votes: Passed 23 YES 17 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2011-05-05 | Amendment HA 6 - Passed by House of Representatives. Votes: Passed 23 YES 17 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2011-05-05 | Amendment HA 5 - Laid On Table in House | |
| 2011-05-05 | Amendment HA 4 - Stricken | |
| 2011-05-05 | Amendment HA 3 - Stricken | |
| 2011-05-05 | Amendment HA 2 - Defeated by House of Representatives. Votes: Defeated 16 YES 23 NO 2 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-05-05 | Amendment HA 2 defeated | |
| 2011-05-05 | Amendment HA 1 - Stricken | |
| 2011-05-05 | Amendment HA 1 to HA 1 - Stricken | |
| 2011-05-05 | Necessary rules are suspended in House | |
| 2011-05-05 | Amendment HA 7 - Introduced and Placed With Bill | |
| 2011-05-05 | Amendment HA 6 - Introduced and Placed With Bill | |
| 2011-05-05 | Amendment HA 5 - Introduced and Placed With Bill | |
| 2011-05-05 | Amendment HA 4 - Introduced and Placed With Bill | |
| 2011-05-05 | Amendment HA 1 to HA 1 - Introduced and Placed With Bill | |
| 2011-05-04 | Amendment HA 3 - Introduced and Placed With Bill | |
| 2011-04-14 | Amendment HA 2 - Introduced and Placed With Bill | |
| 2011-04-13 | Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 2 Favorable, 10 On Its Merits | |
| 2011-04-06 | Amendment HA 1 - Introduced and Placed With Bill | |
| 2011-04-05 | Introduced and Assigned to Health & Human Development Committee in House | |
| 2011-03-31 | Passed by Senate. Votes: Passed 18 YES 3 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-03-31 | Amendment SA 4 - Passed by Senate. Votes: Passed 13 YES 8 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-03-31 | Amendment SA 4 - Introduced in Senate | |
| 2011-03-31 | Amendment SA 1 - Laid On Table in Senate | |
| 2011-03-31 | Amendment SA 3 - Passed by Senate. Votes: Passed 19 YES 2 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-03-31 | Amendment SA 3 - Introduced in Senate | |
| 2011-03-31 | Amendment SA 2 - Stricken | |
| 2011-03-31 | Amendment SA 2 - Introduced in Senate | |
| 2011-03-23 | Reported Out of Committee (HEALTH & SOCIAL SERVICES) in Senate with 7 On Its Merits | |
| 2011-03-22 | Amendment SA 1 - Introduced and Placed With the Bill in Senate | |
| 2011-01-25 | Assigned to Health & Social Services Committee in Senate |
