These issues have been debated since a law allowing the sale of medical marijuana was approved in 2011. "Adherence to these provisions is important to the safe distribution of a substance that Delaware law continues to recognize as having a high potential for abuse."Īndreavich's case raises questions about the access to the state's medical marijuana program and the high cost of marijuana once patients are accepted into the program. "While the Delaware Medical Marijuana Act recognizes certain circumstances where an individual may dispense marijuana, this Act, of course, requires registration compliance and does not allow the transfer of marijuana to any person who is not allowed to possess marijuana under Delaware law," the AG's office said. By unlawfully distributing marijuana to a police officer – or person legally not permitted to have it – she engaged in the act of drug-dealing, the state Attorney General's Office said in a statement. ![]() That's where Andreavich went wrong, according to the state. Those with medical marijuana cards are allowed to share marijuana with fellow cardholders, as long as it doesn't surpass the 6 ounces they're permitted to have at one time, according to program code. They also sign a paper specifying they "will not divert marijuana to any individual or entity that is not allowed to possess marijuana." ![]() She was originally charged with five counts of drug-dealing, one count of possession of a controlled substance in a Tier 2 quantity, one count of possession of drug paraphernalia and one count of conspiracy.ĭrug-dealing, as defined by Delaware law, forbids the manufacturing, delivery or possession with the intent to manufacture or deliver a controlled substance, including marijuana – whether or not money is exchanged. But the marijuana must be purchased at one of two state-approved dispensaries.ĭuring a raid of Andreavich's Newark home, police also found seven bottles of cannabis oil, five cannabis creams, five cannabis soaps, 26 bottles of marijuana tincture and an additional 790 marijuana gummies. Under state code, those who are afflicted with specific ailments such as cancer or multiple sclerosis can obtain a medical marijuana card to ease their pain. Frankly, I think that law enforcement has better things to do with their time." David Bearman, a clinical medical cannabis expert. "This sounds like somebody who has a real humanitarian spirit," said Dr. "But it was not designed to make money."Īndreavich believes the state dispensary charges patients too much for the product, and she has made it her mission to make medical marijuana more affordable for the poor. "I've always known that if they (the state's medical marijuana program) decided to turn me in, I'd go to jail over this," said the former employee of First State Compassion Center, which operates the state's two medical marijuana dispensaries. ![]() She was sentenced to one year of probation and community service. ![]() She was found guilty Wednesday of one count of drug-dealing and one count of conspiracy after selling five marijuana gummy candies and one bottle of tincture (plant extract) for $60 to an undercover New Castle County detective. But the minute money and drugs were exchanged with those not permitted to have it, Andreavich broke Delaware law.
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