Delaware Code Title 16. Health and Safety § 4913A. Affirmative defense and dismissal for medical marijuana

(1) A health-care practitioner states that, in the health-care practitioner's professional opinion, after having completed a full assessment of the individual's medical history and current medical condition made in the course of a bona fide health-care practitioner-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marijuana to treat or alleviate the individual's medical condition or symptoms associated with the individual's medical condition.

(2) The individual was in possession of no more than 6 ounces of usable marijuana.

(3) The individual was engaged in the acquisition, possession, use, or transportation of marijuana, paraphernalia, or both, relating to the administration of marijuana to treat or alleviate the individual's medical condition or symptoms associated with the individual's medical condition.

(1) The individual had a registry identification card revoked for misconduct;  or

(2) The purposes for the possession of marijuana were not solely for palliative or therapeutic use by the individual with a medical condition who raised the defense.

(1) Disciplinary action by an occupational or professional licensing board or bureau;  or

(2) Forfeiture of any interest in or right to nonmarijuana, licit property.

(e)(1) This section shall only apply for arrests made after July 1, 2011, until 75 days after registration for qualified patients is available, and

(2) Thereafter, for arrests made after a valid application for a qualifying patient has been submitted and before the registry identification card has been received.