DELAWARE REGULATION AND STORAGE OF MEDICAL MARIJUANA

In 2011, the Delaware Division of Public Health enacted Title 16, Chapter 49A of the Delaware Code. This piece of legislature officially recognized the rights of citizens of the state of Delaware to purchase and consume marijuana for medical uses.

The State cited many reasons for legalizations of medical marijuana in § 4901A of The Delaware Code. Chief among them were;

  • the use of marijuana for medical uses being documented back 5,000 years.
  • a 1999 study by the Institute of Medicine showing therapeutic values for marijuana in treating a wide variety of mental and physical conditions.
  • at the time of enactment, over 350,000 patients in the United States are prescribed medicinal marijuana.
  • in the Federal Bureau of Investigation’s Uniform Crime Report, it was discovered that in 99 out of 100 arrests made nationally for marijuana possession were in response to a federal, not state, law.
  • States are not required to adhere to Federal law under the Constitution of the Unites States of America, so citizens of Delaware are in no violation of state law, and therefore protected from penalization by this decision.

When Delaware made its legal decision regarding medicinal marijuana in 2021, the state approved 3 dispensaries to be opened, one in each county. As of 2014, only the first dispensary had been opened in Wilmington under the provision that it cultivate no more than 150 mature marijuana plants, and / or 1,500 ounces of marijuana at one time.

All sanctioned dispensaries in Delaware are required to adhere to the Federal Drug Administration standards regarding storage and containment of medicinal marijuana. Title 21 of the Code of Federal Regulations Part 1301 specifies that, in the instance of small amounts of the drug permit, a safe or steel cabinet may be used. The safe or cabinet must provide;

  • 30 man -minutes against surreptitious entry
  • 10 man-minutes against forced entry
  • 20 man-hours against lock manipulation
  • 20 man-hours against radiological techniques

The Code also states that if a safe or steel cabinet weighs less than 750 lbs., it must be bolted or cemented to the floor in such a way that it cannot be removed. Depending on the quantity and type of the substance(s) being stored, the safe or cabinet must be equipped with an alarm system which, upon attempted break-in, shall transmit a signal directly to a central protection company or State police agency which has a legal duty to respond, or a 24-hour control station operated by the registrant, or such other protect

 

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