Delaware: 4470 State of Delaware Medical Marijuana Code: Security Camera System Requirements for Cannabis Farms and Dispensaries

Delaware Medical Marijuana Code Regarding Security Systems

Alarm system: A compassion center shall have a fully operational security alarm system at each authorized physical address that will provide suitable protection against theft and diversion. For the purpose of these regulations, a fully operational security alarm system shall include: immediate automatic or electronic notification to alert local or municipal law enforcement agencies to an unauthorized breach of security at the compassion center or at any other authorized physical address; immediate automatic or electronic notification to local or municipal public safety personnel of a loss of electrical support backup system; and when appropriate, the security system shall provide protection against theft or diversion that is facilitated or hidden by tampering with computers or electronic records. A compassion center shall conduct a maintenance inspection/test of the alarm system for each authorized location at intervals not to exceed 30 days from the previous inspection/test. A compassion center shall promptly make all necessary repairs to ensure the proper operation of the alarm system. In the event of a failure of the security system, due to loss of electrical support or mechanical malfunction, that is expected to exceed an eight hour period, a compassion center shall: within 24 hours of discovery of the event, notify the Department by telephone; and provide alternative security measures approved by the Department or close the authorized physical address(es) impacted by the failure/malfunction until the security alarm system has been restored to full operation. A compassion center shall maintain documentation in an auditable form for a period of at least 24 months after the event for: all maintenance inspections/tests conducted in response to Section of these regulations, and any servicing, modification or upgrade performed on the security alarm system. The record shall include, as a minimum, the date of the action, a summary of the action(s) performed and the name, signature and title of the individual who performed the action(s); any alarm activation or other event which requires response by public safety personnel; and any unauthorized breach(es) of security.

7.2.3 Video surveillance: A compassion center shall provide an appropriate video surveillance system that includes the following areas and access to recorded surveillance. Video surveillance should record access areas, customer service areas, growing areas, and anywhere the marijuana is handled, to include processing and packaging areas. Video footage will be digitally recorded and held for an appropriate time period consistent with the Division of Public Health's Records Retention Policy. A compassion center shall provide the Department with access to the video 24-hours a day, seven days a week through a secure internet connection.

How to Comply with Delware's Non-Security-Camera, but Security-Related Regulations:

Alarms and Alert Procedures

Before we get into the surveillance end, we do want to draw your attention to the requirement for an alarm system and for your to have procedures set up in case of a breech or power outage.

Battery Backup

You aren't required to have a battery backup, but considering the hassle associated with the regulated procedures from a power outage, it will cost you less to buy one than it will to manually comply with this part of law. We recommend this APC tool for calculating load.

How to Comply with Delaware's Recording Regulations:

Unlike most states, it doesn't appear that Delaware ever defined a resolution requirement. We recommend 1080P cameras with around a 75 degree angle of view for your own (non-regulatory) security purposes and that's sufficient for most states anyways.

How to Comply with the Delaware Storage Regulations:

You are required to store the footage for an "appropriate time period consistent with the Division of Public Health's Records Retention Policy." We checked the Delaware Division of Public Health's Records Retention Policy and couldn't find any mention of how long this is. Talk to a lawyer. You probably want to store at least 30 days as that's the minimum required by any state and may want to store for 90 days as that's what many other states require.

How to Comply with the Delaware Remote Access Regulations:

You are required to provide the Department of Public Health with "access to the video 24-hours a day, seven days a week through a secure internet connection" which you can do with our systems, if you have an internet conneciton.

*We're not lawyers and laws do change. We try our best to keep this page updated with changes to the law, but you should always do you own research or hire your own lawyer to guarantee compliance with the law.