Earlier this month, the Delaware Department of Health and Social Services issued proposed regulations for a single medical marijuana compassion center that could only cultivate 150 plants – far too few to meet patients’ needs. MPP submitted comments on behalf of Delaware’s patients and potential providers urging the department to revise the regulations to ensure a workable program.

The regulations unnecessarily restrict the compassion center program to a single pilot center that can possess no more than 150 plants and 1,500 ounces of medical marijuana. Gov. Jack Markell announced this approach at a time when the federal government indicated it was concerned about large-scale grows. However, since then, the Department of Justice directed federal prosecutors to stop considering “the size or commercial nature of a marijuana operation alone” as a reason to take legal action against it.

The plant limit will result in shortages, forcing patients to go without or driving them to the criminal market. Meanwhile, a single compassion center does little to help patients who happen to live miles from it. DHSS should register three centers as called for by law.

You can read MPP's proposed revisions here.

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The Obama administration's stunning betrayal of medical marijuana patients claimed a new victim today. Delaware Gov. Jack Markell announced that he would halt the implementation of the state's medical marijuana dispensary program following a vague and threatening letter from U.S. Attorney Charles Oberly III.

Oberly's letter, dated February 9 but made public today, says that patients and individual caregivers would not be federal enforcement priorities, but that entities distributing marijuana "could" be targeted. It also says that state employees would not be immune from liability under the Controlled Substances Act for acts mandated by the Delaware medical marijuana law.

Mr. Oberly's intimidating sentence about state employees is particularly outrageous given that the Delaware law does not require any violation of federal law. Mr. Oberly does not say what actions he believes would constitute violations of the CSA.

In Delaware, state employees would not possess, cultivate, or dispense marijuana. They would merely register those entities that would no longer be criminalized under Delaware law and set up rules dispensaries would abide by for such protections. No court has found that such conduct would constitute a federal crime, and the federal government has not taken any criminal or civil actions against states with medical marijuana programs.

U.S. Attorney Michael Ormsby in the Eastern District of Washington state sent a similarly vague letter, which was used as a reason for Gov. Christine Gregoire to veto a dispensary regulation bill. Yet, when an Arizona paper asked why state employees would be at risk in Washington but apparently not in Arizona, U.S. Attorney Ormsby said his concern was that state employees would be grading and handling – and thus possessing – marijuana under the Washington proposal. However, this was likely not even an accurate understanding of the Washington bill.

Following a two-year campaign led by legislators, patients, and MPP, Delaware became the 16th medical marijuana state last May. An affirmative defense went into effect on July 1, allowing qualifying patients who possess marijuana to prove the defense in court to avoid a conviction. The Markell administration was expected to release rules for dispensaries in the coming weeks, with three dispensaries being registered by the end of the year. The rules would also provide for ID cards to protect patients from arrest. Halting the dispensary program forces patients to the criminal market, or leaves them with no access to their medicine at all.

If you live in Delaware, please urge Gov. Markell to reverse course, to stand by patients, and to fully implement the compassionate law. Regardless of where you live, please let President Obama know it's past time to live up to his word. If the Obama administration's hostility to medical marijuana patients and providers will affect your vote in November, or your willingness to donate or volunteer for him, please let his campaign know.

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UPDATE: Gov. Markell signed the bill into law!

On Wednesday, the Delaware Senate passed the final version of SB 17, which would allow people with certain medical conditions to use marijuana without fear of arrest. Medical marijuana patients are now waiting for Gov. Markell to sign the bill into law. The governor has stated that he supports the bill and is expected to approve it very soon.

Under the new law, patients 18 and over with cancer, HIV/AIDS, Alzheimer’s, PTSD, multiple sclerosis, or ALS would be permitted to use marijuana to treat their conditions with a recommendation from their doctor. While the law would not allow home cultivation, it does establish a regulated non-profit dispensary system to provide safe access for patients. There would initially be one dispensary in each of Delaware’s three counties.

If the bill becomes law, Delaware will become the 16^th state, in addition to the District of Columbia, to allow seriously ill patients to use marijuana.

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