Del. Code tit. 16 § 4923A

Current through 2024 Legislative Session Act Chapter 531
Section 4923A - [Effective 1/13/2025] Commissioner to issue regulations [For application of this section, see 82 Del. Laws, c. 246, section 5]

The Commissioner shall promulgate regulations regarding all of the following:

(1) [Repealed].
(2) Establishing the form and content of registration and renewal applications submitted under this chapter.

(3) Governing the manner in which it shall consider applications for and renewals of registry identification cards.
(4) Governing all of the following matters related to registered compassion centers and security compliance facilities, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered compassion centers or compromising the confidentiality of cardholders:
a. Minimum oversight requirements for registered compassion centers.
b. Minimum recordkeeping requirements for registered compassion centers.
c. Minimum security requirements for registered compassion centers, which shall include that each registered compassion center location must be protected by a fully operational security alarm system.
d. The competitive scoring process addressed in §§ 4914A and 4915A of this title.
e. Procedures for suspending or terminating the registration certificates or registry identification cards of cardholders, registered compassion centers, and registered safety compliance facilities that commit multiple or serious violations of the provisions of this chapter or the regulations promulgated pursuant to this section.
f. The design and security features of medical marijuana containers to be provided by the compassion centers.
(5) Requiring application and renewal fees for registry identification cards, and registered compassion center registration certificates, according to all of the following:
a. The total fees collected must generate revenues sufficient to offset all expenses of implementing and administering this chapter, except that fee revenue may be offset or supplemented by private donations.
b. The total amount of revenue from application, renewal, and registration fees for compassion centers and security compliance facilities must be sufficient to implement and administer the compassion center and safety compliance facility provisions of this chapter.
c. The Commissioner may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income.
d. The Commissioner may accept donations from private sources to reduce application and renewal fees.
e. The total amount of revenue from application, renewal, and registration fees for compassion centers, security compliance facilities, and registry identification cards will be deposited to a special account within the Commissioner's office for the operation of the program created by this chapter and shall be used as necessary to support program operations and growth.
(6) [Repealed].

16 Del. C. § 4923A

Amended by Laws 2023, ch. 300,s 1, eff. 1/13/2025.
Amended by Laws 2023, ch. 264,s 12, eff. 5/28/2024.
Amended by Laws 2021 , ch. 48, s 13, eff. 6/15/2021.
Amended by Laws 2019 , ch. 246, s 4, eff. 7/7/2020.
Amended by Laws 2019 , ch. 213, s 6, eff. 9/10/2019.
78 Del. Laws, c. 23, § 1.;
This section is set out more than once due to postponed, multiple, or conflicting amendments.