§ 4912A. Notifications to the Commissioner and responses; civil penalty.
431 words·~2 min read·
/de/title-16/4912aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The following notifications and Commissioner responses are required:
(1)A registered qualifying patient shall notify the Commissioner of any change in the registered qualifying patient's name or address, or if the registered qualifying patient ceases to have a medical condition, within 10 days of the change.
(2)A registered designated caregiver shall notify the Commissioner of any change in the registered designated caregiver's name or address, or if the designated caregiver becomes aware the qualifying patient passed away, within 10 days of the change.
(3)Before a registered qualifying patient changes designated caregiver, the qualifying patient must notify the Commissioner.
(4)If a cardholder loses that cardholder's registry identification card, that cardholder's shall notify the Commissioner within 10 days of becoming aware the card has been lost.
(b)When a cardholder notifies the Commissioner of items listed in subsection
(a)of this section, but remains eligible under this chapter, the Commissioner shall issue the cardholder a new registry identification card with a new random 10-digit alphanumeric identification number within 10 days of receiving the updated information and pay a $20 fee. If the person notifying the Commissioner is a registered qualifying patient, the Commissioner shall also issue to the registered qualifying patient's registered designated caregiver, if any, a new registry identification card within 10 days of receiving the updated information.
(c)If a registered qualifying patient ceases to be a registered qualifying patient or changes to that registered qualifying patient's registered designated caregiver, the Commissioner shall promptly notify the designated caregiver. The registered designated caregiver’s protections under this chapter as to that qualifying patient shall expire 15 days after notification by the Commissioner.
(d)A cardholder who fails to make a notification to the Commissioner that is required by this section is subject to a civil infraction, punishable by a penalty of no more than $150.
(e)The Commissioner shall administer a real-time statewide patient registry to facilitate patient choice in purchasing medical marijuana from any properly licensed Delaware Compassion Centers. The registry shall track patient purchases to comply with § 4919A(i) of this title.
(f)If the registered qualifying patient’s certifying health-care practitioner notifies the Commissioner in writing that either the registered qualifying patient has ceased to suffer from a medical condition or that the health-care practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card becomes null and void. However, the registered qualifying patient has 15 days to dispose of their marijuana or give it to a registered compassion center where nothing of value is transferred in return.