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Delaware Marijuana Program Guide
Type of program: Medical only
In May of 2011, Governor Jack Markell signed the Delaware Medical Marijuana Program bill into law. However, it took another four years before medical marijuana dispensaries in Delaware opened in 2015.
At that time qualifying conditions included cancer, Alzheimer’s disease, PTSD, and any condition that causes intractable nausea, severe pain, or seizures. Since then, the state has added a Compassionate Use Card (CUC) which allows doctors to use their discretion when recommending medical marijuana to their patients.
Physicians also now have the option when certifying medical marijuana patients of recommending a “CBD Rich” patient card. The CBD Rich card can be utilized for the traditionally approved debilitating conditions and for the treatment of anxiety. The treating physician can elect the CBD Rich card whenever they feel it is an appropriate option, but it must be used for the treatment of anxiety.
The Division of Public Health (DPH) regulates the Delaware Medical Marijuana Program (MMP). The Office of Medical Marijuana (OMM) is responsible for monitoring and enforcement of the Delaware Medical Marijuana regulations. The agency works with the licensed vendors to ensure safe and effective products are available to Delaware’s registered patients.
Contact information and links to instructional guides and forms are available at the bottom of this page.
To be protected under the Delaware Medical Marijuana Act, patients must purchase their medicine from one of four state-licensed medical marijuana dispensaries or “Compassion Centers.” There is one dispensary in each of the state’s counties.
Medical marijuana products available at Delaware Dispensaries
Qualifying medical conditions for medical marijuana in Delaware
The conditions which qualify a patient for a medical marijuana card in Delaware include:
- Terminal Illness
- Positive status for Human Immunodeficiency Virus (HIV Positive)
- Acquired Immune Deficiency Syndrome (AIDS)
- Decompensated Cirrhosis
- Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
- Agitation of Alzheimer’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Autism with aggressive behavior
- Chronic Debilitating Migraine
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following;
- Cachexia or Wasting Syndrome
- Severe debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects.
- Intractable Nausea
- Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis.
The law also provides for a method to petition the state to append additional medical conditions to the list of qualifying conditions.
Purchase and possession limits
Patients with a Delaware medical marijuana card may purchase up to three ounces of marijuana every two weeks, or a total of six ounces per month.
Marijuana Deliveries RX: available
Delaware dispensaries are permitted to offer home delivery to medical marijuana cardholders. Patients should contact their local dispensary for details.
Delaware marijuana laws
Public consumption laws in Delaware
Medical marijuana use is not authorized in any public place or on any form of transportation. Marijuana use is also not authorized on a school bus, on school grounds, or at any correctional facility including any health care treatment facility operated by the Department or funded contractually through the Department.
Home cultivation: prohibited
Growing marijuana without a license is forbidden in Delaware and the penalties are stiff.
Social consumption: prohibited
Social consumption lounges are not permitted under Delaware medical marijuana laws.
Delaware marijuana and guns
Marijuana, medical or otherwise is still categorized as an illegal Schedule I Controlled Substance on a federal level. This law makes it illegal for anyone in the state of Delaware to purchase guns or ammunition if they also consume any marijuana products.
Federal, state, and local law enforcement authorities are prohibited from accessing the patient registry except when acting pursuant to a valid search warrant.
Marijuana-related DUI laws in Delaware
Driving under the influence of marijuana in the state of Delaware could result in the same harsh penalties as alcohol-related offenses.
Delaware hemp and CBD laws
The state of Delaware allows the sale, possession, and consumption of all hemp-derived CBD products. These CBD products can be purchased online or at local shops in the state.
Delaware medical marijuana doctors
In order to recommend marijuana to their patients, a physician must be licensed to practice in Delaware and be either an MD or DO (Doctor of Osteopathic Medicine). The physician must also have a bona fide relationship with the patient. Physicians are not required to recommend medical marijuana.
How to get a Delaware medical marijuana card
In order to qualify for a Delaware medical marijuana card, patients must be a resident of the state of Delaware, be diagnosed with a qualifying medical condition, and obtain a Physician Certification from a Delaware licensed MD or DO. All residents are eligible, however, patients under the age of 18 must be represented by a parent or guardian.
The process of applying for a medical marijuana card in Delaware is fairly simple and can be done entirely online. It can also be done by mail.
Before applying for a card, patients must be examined by a certified Delaware medical marijuana doctor who must complete a Physician Certification.
Approved patients must submit a patient application online or by mail.
Division of Public Health
Medical Marijuana Program
Jesse Cooper Building, Suite 140
417 Federal St.
Dover, DE 19901
Applications can take up to 45 days to be approved.
Delaware mobile medical marijuana card
The Delaware Medical Marijuana Program offers a mobile ID card that can be accessed using any smartphone. Patients must be registered in the Medical Marijuana System before they can access a mobile ID card.
Compassionate Use Card (CUC) conditions
As of March 1, 2020, Delaware licensed physicians may now certify patients with a serious debilitating medical condition who previously did not qualify for medical marijuana treatment under the Medical Marijuana Program through the newly created “Compassionate Use Card” (CUC). The CUC is a card issued by the Department that authorizes the use of medical marijuana under specific conditions including:
The patient has a severe and debilitating condition;
- All current standard care practices and treatments have been exhausted and have been ineffective, or the side effects are prohibitive with continued use;
- The certifying physician will re-evaluate and document the efficacy of medical marijuana treatment by following the intervals directed in the program regulations;
- Certifying physicians must develop a comprehensive treatment plan for patients at risk of abuse or misuse of marijuana as a treatment option;
The physician will provide scientific support showing potential for the patient to benefit from using medical marijuana. The Department will review pertinent research articles or peer-reviewed studies for evidence that medical marijuana may provide some benefit for the condition.
Delaware medical marijuana card fees
- New and renewal patient applications $50.00
- New and renewal caregiver applications $50.00
- Employee $125.00
- Low Income $25.00
The Low Income Application Charge will be determined utilizing 138% of the Federal Poverty Level. If a patient’s gross household income is at or below 138%, the application fee will be $25.00.
Renewal and replacement
Delaware medical marijuana cards are valid for one year from the date of issue.
Delaware Medical Marijuana Program participants who have registered a valid email address with the Office of Medical Marijuana will receive a notification when the card is within 90 days of expiration.
The renewal process and application fee are the same as when a patient first applies to the Medical Marijuana Program. Patients may submit a renewal application up to 90 days prior to the expiration date.
If a medical marijuana card is lost, stolen, or damaged, contact the Medical Marijuana Program at 302-744-4749 for a replacement card. There is a $20 replacement fee.
All residents are eligible, however, patients under the age of 18 must be represented by a parent or guardian.
Medical marijuana patients may designate a caregiver to obtain marijuana from Delaware dispensaries on that patient’s behalf as well as to help with administering the medication.
Caregivers are also required to obtain a registry card and must undergo a State and Federal background check.
A parent or legal guardian can act as a caregiver for minor patients.
Caregivers are permitted to serve up to five patients and are required to have an ID for each patient.
The use of telemedicine — phone or video examinations — is not permitted for the purpose of certifying medical marijuana patients in the state of Delaware.
Information received and records kept by the Delaware Department of Health Medical Marijuana Program are subject to all applicable federal privacy laws and are exempt from the Freedom of Information Act. Records are not subject to disclosure to any individual, public or private entity, except as necessary for authorized employees of the department to perform official duties for the Medical Marijuana Program.
Delaware does not have a reciprocation program with other states with medical marijuana programs. Only Delaware residents are eligible to use medical marijuana in the state
Sign Up for a Medical Cannabis Card
For potential medical marijuana patients we make it easy to connect with a recommending doctor near you, or online. You will also receive updates & news relative to medical marijuana in general.
If you are interested please fill out the MMJ patient registration form to get started. Legal Residents Only Please
MedCard Registration Form
Delaware Medical Marijuana Links and Information
- Delaware medical marijuana website
- Medical Marijuana Program Updates
- Delaware medical marijuana FAQ
- Medical Marijuana Program Home Page
- Fee Waiver Request
- Compassionate Use Patient
- Compassionate Use Pediatric
- Patient Information
- Caregiver Information
- Physician Information
- Delaware medical marijuana laws
- Medical Marijuana Act Oversight Committee
- Medical Marijuana Act Oversight Committee Regulations
- Medical Marijuana Oversight Committee Petitions