2023 Delaware Code
Title 16 - Health and Safety
Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT
§ 4907A. Acts not required, acts not prohibited.
(a) Nothing in this chapter requires any of the following:
(1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana;
(2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke marijuana on or in that property; or
(3) An employer to allow the ingestion of marijuana in any workplace or to allow any employee to work 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.
(4) A health-care practitioner to provide a written certification or otherwise recommend marijuana to a patient.
(b) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.
(c) Nothing in this chapter shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of marijuana where probable cause exists.
78 Del. Laws, c. 23, § 1; 83 Del. Laws, c. 48, § 5;
