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After a months-long delay and despite threats from the U.S. Department of Justice that state employees could be subject to prosecution, Gov. Jack Markell is moving forward with implementation of Delaware's medical marijuana program.
Markell told lawmakers in a letter last week that the state was seeking proposals from vendors to open a marijuana cultivation and distribution center, or "compassion center," next year. It must be run by a nonprofit under Delaware law, subject to random health department inspections and geographically convenient for patients.
"The sensible and humane aim of state policy in Delaware remains to ensure that medical marijuana is accessible via a safe, well-regulated channel of distribution to patients with demonstrated medical need," Markell said in the letter, which was addressed to Sen. Margaret Rose Henry and Rep. Helene Keeley, both Wilmington Democrats.
The law that Markell signed in 2011 legalizing medical marijuana in Delaware called for compassion centers in each county.
Regulatory proposals governing what Markell is calling the "pilot" compassion center also must be published and approved.-
Rita Landgraf, secretary of the state Department of Health and Social Services, expects to propose regulations Oct. 1 and have them finalized by Jan. 1. She said the state hopes to select a vendor by May and potentially have the distribution center open by next summer.
Henry said "Delaware has been cautious because we wanted to make sure we protected state employees" and offered clear direction when seeking vendor proposals. "What happened at the federal level kept us from moving forward as quickly as we wanted."
A spokeswoman for U.S. Attorney Charles M. Oberly III said as recently as January "that individuals and organizations who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, will be in violation of federal law and be subject to federal enforcement."
The implementation will allow Delaware medical marijuana patients to buy the drug in a state-regulated center. The state already has issued 39 registration cards allowing patients, with their doctor's permission, to use the drug for medical purposes. But those patients still have nowhere to legally obtain marijuana.
Aides to Markell reviewed policies in other states before deciding to relaunch the program. New Jersey's first distribution center opened in Montclair late last year.
To address Justice Department concerns that state-sanctioned marijuana will be diverted to the black market, proposed regulations for the compassion center will include "tight security requirements," including around-the-clock video monitoring and that center employees verify patients are registered with the state before selling them marijuana.
The state also will require the center to report missing marijuana within 24 hours and "disclose the source of any funds over $5,000," Markell's letter said.
The center will only be allowed to cultivate up to 150 marijuana plants and keep an inventory of no more than 1,500 ounces of the drug, according to the governor's letter, which addressed proposed regulations.-
"There are times when charting a careful course is more important than being first," said Andy Lippstone, chief legal counsel to Markell. "In light of the lack of clarity from Washington, this is definitely one of those times."
Lippstone said he knows of no instances of state officials elsewhere being prosecuted for regulating a state-approved medical marijuana program, which made officials here more comfortable moving forward.
Physicians may authorize medical marijuana use to treat symptoms of cancer, HIV-related illnesses, Hepatitis C, Lou Gehrig's disease, Alzheimer's disease or post-traumatic stress disorder. Conditions that cause severe, debilitating pain, wasting syndrome, intractable nausea and seizures also fall under the law.
Qualified patients can possess up to 6 ounces of marijuana.
The law prevents them from operating a motor vehicle under the influence of the drug, and still prohibits possession on school grounds as well as in health care or correctional facilities.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: delmarvanow.com
Author: Jonathan Starkey
Markell told lawmakers in a letter last week that the state was seeking proposals from vendors to open a marijuana cultivation and distribution center, or "compassion center," next year. It must be run by a nonprofit under Delaware law, subject to random health department inspections and geographically convenient for patients.
"The sensible and humane aim of state policy in Delaware remains to ensure that medical marijuana is accessible via a safe, well-regulated channel of distribution to patients with demonstrated medical need," Markell said in the letter, which was addressed to Sen. Margaret Rose Henry and Rep. Helene Keeley, both Wilmington Democrats.
The law that Markell signed in 2011 legalizing medical marijuana in Delaware called for compassion centers in each county.
Regulatory proposals governing what Markell is calling the "pilot" compassion center also must be published and approved.-
Rita Landgraf, secretary of the state Department of Health and Social Services, expects to propose regulations Oct. 1 and have them finalized by Jan. 1. She said the state hopes to select a vendor by May and potentially have the distribution center open by next summer.
Henry said "Delaware has been cautious because we wanted to make sure we protected state employees" and offered clear direction when seeking vendor proposals. "What happened at the federal level kept us from moving forward as quickly as we wanted."
A spokeswoman for U.S. Attorney Charles M. Oberly III said as recently as January "that individuals and organizations who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, will be in violation of federal law and be subject to federal enforcement."
The implementation will allow Delaware medical marijuana patients to buy the drug in a state-regulated center. The state already has issued 39 registration cards allowing patients, with their doctor's permission, to use the drug for medical purposes. But those patients still have nowhere to legally obtain marijuana.
Aides to Markell reviewed policies in other states before deciding to relaunch the program. New Jersey's first distribution center opened in Montclair late last year.
To address Justice Department concerns that state-sanctioned marijuana will be diverted to the black market, proposed regulations for the compassion center will include "tight security requirements," including around-the-clock video monitoring and that center employees verify patients are registered with the state before selling them marijuana.
The state also will require the center to report missing marijuana within 24 hours and "disclose the source of any funds over $5,000," Markell's letter said.
The center will only be allowed to cultivate up to 150 marijuana plants and keep an inventory of no more than 1,500 ounces of the drug, according to the governor's letter, which addressed proposed regulations.-
"There are times when charting a careful course is more important than being first," said Andy Lippstone, chief legal counsel to Markell. "In light of the lack of clarity from Washington, this is definitely one of those times."
Lippstone said he knows of no instances of state officials elsewhere being prosecuted for regulating a state-approved medical marijuana program, which made officials here more comfortable moving forward.
Physicians may authorize medical marijuana use to treat symptoms of cancer, HIV-related illnesses, Hepatitis C, Lou Gehrig's disease, Alzheimer's disease or post-traumatic stress disorder. Conditions that cause severe, debilitating pain, wasting syndrome, intractable nausea and seizures also fall under the law.
Qualified patients can possess up to 6 ounces of marijuana.
The law prevents them from operating a motor vehicle under the influence of the drug, and still prohibits possession on school grounds as well as in health care or correctional facilities.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: delmarvanow.com
Author: Jonathan Starkey
