(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.
Structure Delaware Code
Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT
§ 4902A. Definitions [For application of this section, see 82 Del. Laws, c. 246, § 5].
§ 4903A. Protections for the medical use of marijuana.
§ 4905A. Discrimination prohibited.
§ 4906A. Addition of debilitating medical conditions.
§ 4907A. Acts not required, acts not prohibited.
§ 4912A. Notifications to Department and responses; civil penalty.
§ 4913A. Affirmative defense and dismissal for medical marijuana.
§ 4914A. Registration of compassion centers.
§ 4915A. Registration and certification of safety compliance facilities.
§ 4916A. Compassion center and safety compliance facilities renewal.
§ 4918A. Compassion center and safety compliance facility agents.
§ 4919A. Requirements, prohibitions, penalties.
§ 4921A. Registry identification and registration certificate verification.