State agency trying to resuscitate Delaware's busted medical marijuana law

[420 Warrior]

DHSS Secretary Rita Landgraf explains why Delaware suspended its medical marijuana program, when other states have medical marijuana laws on their books.

With Delaware's recently passed medical marijuana law on pause, Delaware Health and Social Services says it's looking into "potential alternatives."
Signed into law last year, Gov. Jack Markell, D-Del, suspended the regulatory writing and licensing process for what would have been the state's three medical marijuana dispensaries--one in each county.

DHSS, the state agency in charge of the medical marijuana program, said the move came after the federal government changed its stance on medical marijuana. Under the new policy, state employees were no longer immune from prosecution or criminal charges.

Now, DHSS Secretary Rita Landgraf and the bill's primary sponsor, state Sen. Margaret Rose Henry, D-Wilmington East, are working closely together, trying to figure out how to move forward. Landgraf says the pair met last week, and she plans to meet with Sen. Henry and SB 17's other sponsors in the coming weeks to keep the discussion going about moving forward with licensing and regulation as the state works through this hiccup.

"What [Sen. Henry] wants to investigate is to remove the threat of criminal prosecution of state workers through a federal law that provides immunity to any duly authorized officer of a state or local government who is lawfully engaged in the enforcement of any law ordinance relating to controlled substances... Now that law typically would apply to law enforcement officers that take control of, or take possession of, controlled substance during an investigation, so she's going to see if there's something within that law that can be utilized that will allow us to proceed forward without any prosecution," said Secretary Landgraf.

"The other thing that she and I also discussed is that the federal government does allow for research purposes medical marijuana... Could we expand that federal law to allow dispensaries and individuals with extreme illnesses to still have access?"

Before the fed drama, the governor's recommended FY 2013 budget allocated four full-time employees and $480,000 to get the medical marijuana program going.

Meantime, according to the original timeline, regulations are supposed to be drafted and put out for public comment by April 1, 2012.
What happened?

DHSS Secretary Rita Landgraf says Gov. Jack Markell had no choice but to suspend the regulatory and licensing process.

The move came after the federal government changed its stance on medical marijuana. According to Landgraf, state lawmakers based Delaware's medical marijuana law on the U.S. Dept. of Justice's October 2009 medical marijuana policy.

"Even though it didn't permit states to actually cultivate or distribute medical marijuana, it kind of left it in the states' hands in a way that was non-threatening that states would be prosecuted," said DHSS Secretary Rita Landgraf. "Then... we heard that the guidance was shifting."

A shift last summer that prompted the state to ask for guidance and an opinion on the Dept. of Justice's stance from U.S. Attorney Charles Oberly. In his letter to the state, he wrote, "State employees who conduct activities mandated by the Delaware Medical Marijuana Act are not immune from liability under the Controlled Substances Act."

Other states have medical marijuana laws on their books, but Secretary Landgraf says because Delaware's dispensaries weren't operational yet and regulations hadn't been drafted, that actually put Delaware at more risk for prosecution and criminal charges.

News Hawk - 420 Warrior 420 MAGAZINE
Location: Delaware
Source: NewsWorks
Author: Shirley Min
Contact: www.newsworks.org
Copyright: 2012 NewsWorks
Website: www.newsworks.org

 

[budbro]

Here's an idea on how to move forward: Delaware voters need to start a recall effort to have Governor Jack Markell removed from office immediately. Nothing should encite the voting public more than a governor declaring the Great State of Deleware a monarchy, and appointing himself the KING. Once you start bowing down and kissing the ring, it takes forever to regain your hard earned rights, just ask Arizona.

 

[420 Warrior]

Ahh, man...That sounds like "No-Bama's" policy to me?

I even heard recently, that Obama wants to make it to where the President can be re-elected for as many terms as the voters will elect them...Hence, he want's to be the President forever!...Or should I say...He want's to be the "Dictator Of The United States"?

Of course, the "Mainstream Media" won't carry on and on and on about that! When will people stop bowing down to the guys and do what's "Constitutionally" right?!

People are suffering!...And all these guys are saying is that, they need mommy and daddies permission to save lives.

All I know is, I don't want people like this, to have control of my life when I'm on my death bead! That's for sure!

 

[budbro]

Ahh, man...That sounds like "No-Bama's" policy to me?

Ohh yea! You know Obama called the Democrat gov and promised him something to go along with his war on medical marijuana. Hmmm actually, Obama probably promised him he would declare war on Deleware like he has every state with medical marijuana legalized. Either way, they both need to go in my opinion.

 

[Bonehead]

Ahh, man...That sounds like "No-Bama's" policy to me?

I even heard recently, that Obama wants to make it to where the President can be re-elected for as many terms as the voters will elect them...Hence, he want's to be the President forever!...Or should I say...He want's to be the "Dictator Of The United States"?

Of course, the "Mainstream Media" won't carry on and on and on about that! When will people stop bowing down to the guys and do what's "Constitutionally" right?!

People are suffering!...And all these guys are saying is that, they need mommy and daddies permission to save lives.

All I know is, I don't want people like this, to have control of my life when I'm on my death bead! That's for sure!

Mainstream Media??? How about any media? Can't find anything related to Obama wanting to repeal the 22 amendment on any news service. Found some on Schwarzenegger but nothing on Obama. Looks like a right-wing tactic so that people are not focussed on the real problems. Way to go!

 

[budbro]

Democrat Jose Serrano of New York introduced a house bill on behalf of President Obama that would repeal the 22nd Ammendment. Now Obama didn't personally have his hands on it, but c'mon, who doesn't want to be the King of Welfare?

 

[Bonehead]

Democrat Jose Serrano of New York introduced a house bill on behalf of President Obama that would repeal the 22nd Ammendment. Now Obama didn't personally have his hands on it, but c'mon, who doesn't want to be the King of Welfare?

That still is not Obama. Have you notice the color of his hair since he's been in office? The bill that Mr. Serrano introduced will never make it out of committee. Many in congress have tried over the last 6 years or so to introduce an bill to repeal to 22nd amendment, even republicans.

 

[budbro]

You know how you can tell when Obama is behind something? When he will not talk about it! The man makes 3 campaign speeches per day and has every oppurtunity to talk about this issue, medical marijuana raids and legalizing marijuana yet he REFUSES to discuss his lies and deceipt. Anybody remember "we will not use precious federal resources to raid dispensaries if you elect me"? I know you support him no matter what he does Bonehead, but it's getting a little ridiculous, even for you.

My hair would look like his too if I lied to and ignored millions of Americans on a consistent and daily basis, the shame and guilt would make me deathly sick, not just turn my hair a little grey.

 

[Bonehead]

You know how you can tell when Obama is behind something? When he will not talk about it! The man makes 3 campaign speeches per day and has every oppurtunity to talk about this issue, medical marijuana raids and legalizing marijuana yet he REFUSES to discuss his lies and deceipt. Anybody remember "we will not use precious federal resources to raid dispensaries if you elect me"? I know you support him no matter what he does Bonehead, but it's getting a little ridiculous, even for you.

My hair would look like his too if I lied to and ignored millions of Americans on a consistent and daily basis, the shame and guilt would make me deathly sick, not just turn my hair a little grey.

Come on Budbro, you have to cut me a little slack. I don't follow him blindly. I am just looking at the alternative and for me there is no alternative (Not a one issue voter). I'm very critical of him but you have stop with the spin move. Of course you have every right to say what you want. I just think we should talk about the real issues and not about distracting non-issues that have no merit for electing a president. It seems when there are positive comments in the media about Obama that his opposition starts talking about birth certificates, what one's religion is, the color of one's skin, birthcontrol and the repeal of the 22nd amendment. Doesn't it seem a little odd that we are having these types of discussions? It does to me.

 

[budbro]

Come on Budbro, you have to cut me a little slack. I don't follow him blindly. I am just looking at the alternative and for me there is no alternative (Not a one issue voter). I'm very critical of him but you have stop with the spin move. Of course you have every right to say what you want. I just think we should talk about the real issues and not about distracting non-issues that have no merit for electing a president. It seems when there are positive comments in the media about Obama that his opposition starts talking about birth certificates, what one's religion is, the color of one's skin, birthcontrol and the repeal of the 22nd amendment. Doesn't it seem a little odd that we are having these types of discussions? It does to me.

It's only my opinion so don't take offense, but to me, this is not a general political discussion forum, it is a single issue forum. The sole intent of this website is to advocate FOR the legalization of marijuana and if the candidate of my choosing didn't support it, I simply wouldn't post here because it would be going against the spirit, and the people of this board. There are thousands of political forums that I could express my opinion without harming the cause that everyone here is so desperately fighting for. It's perfectly fine for you to support Obama and there are millions of others that do, I don't have anything against you are any of them, it just boggles my mind and completely frustrates me to no end, that this forum is where you and others choose to have the debate. It would be like me going to a vegan board and flaming on beans and broccoli and telling everyone there that they should be eating beef, sure I could do it, but why would I?

 

[420 Warrior]

There is certainly a political aspect of this forum but with all due respect, this really does all boil down to legalization of Marijuana as our end result.

BoneHead, we may have our political differences but that doesn't mean that I mean you any disrespect, what so ever and I certainly hope you don't feel I do? My apologies if you do feel that way brother...cool?

In fact, I admire your passion bro, you are very firm in your beliefs and unwavering in your convictions and there is not one thing wrong with that my friend!

I'm pretty sure what bothers most of us though, is the fact that Obama has really done nothing to further the cause we are fighting, with such desperation to achieve here at 420 Magazine.

Our mission is legalizing Cannabis, one sided as it may be, that's our mission and what we stand for.

The fact that Obama keeps on unleashing his pit bulls on MMJ facilities is making his popularity here, even less palatable for us and I hope you can understand that?

If you can find me just one recent article about Obama, with him doing anything good for MMJ, I'd be more than happy to post it and maybe even cut him some slack, if not, jump on his band wagon...True-dat! lol

 

[Bonehead]

It's only my opinion so don't take offense, but to me, this is not a general political discussion forum, it is a single issue forum. The sole intent of this website is to advocate FOR the legalization of marijuana and if the candidate of my choosing didn't support it, I simply wouldn't post here because it would be going against the spirit, and the people of this board. There are thousands of political forums that I could express my opinion without harming the cause that everyone here is so desperately fighting for. It's perfectly fine for you to support Obama and there are millions of others that do, I don't have anything against you are any of them, it just boggles my mind and completely frustrates me to no end, that this forum is where you and others choose to have the debate. It would be like me going to a vegan board and flaming on beans and broccoli and telling everyone there that they should be eating beef, sure I could do it, but why would I?

It's totally OK to disagree on politics. As for ending cannabis prohibition, we are on the same page. One thing, if you see me posting (debating) presidents, it will be relative to the article or a person's comments. I did not get us on to this topic in this post. I just responded to a comment. Also, I am going to use Dave Mustaine's thinking and say "I don't want to see a republican get in the White House". That's why I will be voting for Obama. Not really a choice. Anyway Budbro, I have never been offended by what you have to say and I hope the opposite is true too.

 

[budbro]

All good with me Bonehead. But hey bro, you are way behind on the great Dave Mustaine's political views though. Here are some excerpts from an interview this month, February 2012, to get you caught up to speed:

"You know, I think Santorum has some presidential qualities and I'm hoping that if it does come down to it, we'll see a Republican in the White House...and that it's Rick Santorum."

He also stated that regardless of the results [Republican primary] he would be voting against a second term for President Barack Obama, saying, "I can't bear to watch what's happened to our great country. Everybody's got their head in the sand. Everybody in the industry is like, 'Oh, Obama's doing such a great job...' I dont think so. Not from what I see."

Later, when it was suggested he was endorsing Rick Santorum, he said this: "Contrary to how some people have interpreted my words, I have not endorsed any presidential candidate. What I did say was that I hope to see a Republican in the White House."

All his words, not mine, no spin...

 

[Bonehead]

All good with me Bonehead. But hey bro, you are way behind on the great Dave Mustaine's political views though. Here are some excerpts from an interview this month, February 2012, to get you caught up to speed:

"You know, I think Santorum has some presidential qualities and I'm hoping that if it does come down to it, we'll see a Republican in the White House...and that it's Rick Santorum."

He also stated that regardless of the results [Republican primary] he would be voting against a second term for President Barack Obama, saying, "I can't bear to watch what's happened to our great country. Everybody's got their head in the sand. Everybody in the industry is like, 'Oh, Obama's doing such a great job...' I dont think so. Not from what I see."
Later, when it was suggested he was endorsing Rick Santorum, he said this: "Contrary to how some people have interpreted my words, I have not endorsed any presidential candidate. What I did say was that I hope to see a Republican in the White House."

All his words, not mine, no spin...

Budbro, my comment was sarcasm! I heard both of his comments (Dec 2011, Feb 2012). I was just playing off what he said. (The endorsing part.) I now think the leader of one of the greatest thrash-metal bands in an idiot.