14 Del. Admin. Code § 612-2.0 - Definitions
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly states otherwise:
"Alcohol" means alcohol or any alcoholic liquor capable of being consumed by a human being, as defined in 4 Del.C. § 101 including alcohol, spirits, wine and beer.
"Designated Caregiver" means, pursuant to 16 Del.C. § 4902A (5), a person who is at least twenty-one (21) years of age unless the person is the parent or legal guardian of a minor who is a qualifying patient; has agreed to assist with a patient's medical use of marijuana; has not been convicted of an excluded felony offense; and assists no more than five (5) qualifying patients with their medical use of marijuana.
"Distribute", "Distributing" or "Distribution" means the transfer or attempted transfer of Alcohol, a Drug, a Drug Like Substance, or Drug Paraphernalia to any other person with or without the exchange of money or other valuable consideration.
"Drug" means any controlled substance or counterfeit substance as defined in 16 Del.C. § 4701 including, for example, narcotic Drugs such as heroin or cocaine, amphetamines, anabolic steroids, and marijuana, and shall include any prescription substance which has been given to or prescribed for a person other than the student in whose possession it is found.
"Drug Like Substance" means any noncontrolled and nonprescription substance capable of producing a change in behavior or altering a state of mind or feeling, including, for example, some over the counter cough medicines, certain types of glue, caffeine pills and diet pills. The definition of Drug Like Substance does not include tobacco or tobacco products which are governed by 14 DE Admin. Code 877 Tobacco and Smoking Policy.
"Drug Paraphernalia" means all equipment, products and materials as defined in 16 Del.C. § 4701 including, for example, roach clips, miniature cocaine spoons and containers for packaging Drugs.
"Hand Sanitizer" means a commercially available health care topical antiseptic product with at least 60% ethanol or 70% isopropyl alcohol content.
"Look Alike Substance" means any noncontrolled substance which is packaged so as to appear to be, or about which a student makes an express or implied representation that the substance is, a Drug or a noncontrolled substance capable of producing a change in behavior or altering a state of mind or feeling.
"Medical Marijuana Oil" means as defined in 16 Del.C. § 4902A (10).
"Nonprescription medication" means any over the counter medication that can be sold legally without a prescription. This definition may include a Drug Like Substance but excludes Hand Sanitizer.
"Possess", "Possessing" or "Possession" means that a student has on the student's person, in the student's belongings, or under the student's reasonable control by placement of and knowledge of the whereabouts of, Alcohol, a Drug, a Drug Like Substance, a Look Alike Substance, or Drug Paraphernalia.
"Prescription medication" means a legal drug that has a written order for a student by a licensed health care provider licensed to prescribe medication.
"School Environment" means within or on school property, and at school sanctioned or supervised activities, including, for example, on school grounds, on school buses, at functions held on school grounds, at extra-curricular activities held on and off school grounds, on field trips and at functions held at the school in the evening.
"Use" means that a student is reasonably known to have ingested, smoked or otherwise assimilated Alcohol, a Drug or a Drug Like Substance, or is reasonably found to be under the influence of such a substance.
Notes
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