§ 4904A. Limitations.

358 words·~2 min read·/de/title-16/4904a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:

(1)Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice;

(2)Except as provided in subsection

(b)of this section, possessing marijuana, or otherwise engaging in the medical use of marijuana:

a. In a school bus;

b. On the grounds of any preschool or primary or secondary school; or

c. In any correctional facility.

d. In any health care or treatment facility operated by the Department of Health and Social Services or funded contractually through the Department of Health and Social Services.

(3)Smoking marijuana:

a. In any form of transportation; or

b. In any public place.

(4)Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana.

(5)Using marijuana if that person does not have a medical condition.

(6)Transferring marijuana to any person who is not allowed to possess marijuana under this chapter.

(b)School exceptions. — Notwithstanding subsection

(a)of this section, a designated caregiver registered pursuant to § 4908A of this title may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The designated caregiver shall not be a school nurse or other school employee hired or contracted by a school unless the designated caregiver is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of medical marijuana oil which is kept at all times on their person. Provided further, this exception shall only apply within the physical boundaries of the State of Delaware.