(a) The Department shall deny an application or renewal of a qualifying patient's registry identification card only if the applicant:
(1) Did not provide the required information and materials;
(2) Previously had a registry identification card revoked; or
(3) Provided false or falsified information.
(b) The Department shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:
(1) The designated caregiver does not meet the requirements of § 4902A(8) of this title;
(2) The applicant did not provide the information required;
(3) The designated caregiver previously had a registry identification card revoked; or
(4) The applicant or the designated caregiver provides false or falsified information.
(c) A prospective designated caregiver shall obtain a background check in compliance with § 4927A of this title to enable the Department to comply with subsection (b) of this section. Once a prospective designated caregiver has been granted a registry identification card, the designated caregiver must obtain a background check in compliance with § 4927A of this title every 3 years.
(d) The Department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver.
(e) (1) Denial of an application or renewal is considered a final Department action.
(2) A denial of an application or renewal for a registry identification card for a registered qualifying patient, pediatric patient, or registered designated caregiver is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
(3) A denial of an application or renewal for a compassionate use registry identification card is not subject to judicial review.
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.