23 Legal States

Delaware Medical Marijuana Qualification

Who Qualifies for Medicinal Marijuana in Delaware

On May 13, 2011, Governor Jack Markell signed Senate Bill 17 into law, making Delaware the 16th state to legalize marijuana for medical use. The law received bi-partisan support in the Senate and House. The law permits people diagnosed with qualifying conditions to possess up to six ounces of marijuana, which must be purchased from state-licensed compassion centers regulated by the Delaware Department of Health and Social Services, which will also issue mandatory medical marijuana ID cards (aka medical marijuana card, pot card or cannabis card) to qualifying patients that obtain a medical marijuana recommendation from their doctor. As the DDHSS is still in the process of developing the application process, please note that medical marijuana cards may not be available until July 2012

 How to Become a Medical Marijuana Patient in Delaware

Delaware’s application system for medical marijuana patients is expected to go live in July 2011. In the meantime, here are some basic guidelines:

  1. Must be a resident of Delaware for longer than 30 days.
  2. Obtain a copy of your medical records indicating that you are diagnosed with a qualifying condition. Learn how to request your medical records.
  3. Obtain written documentationfrom a physician licensed in the state of Delaware that that you are a qualifying patient. Be sure to bring your medical records with you to your appointment.
  4. Apply for and receive a Medical Marijuana Card from the state of Delaware. 

What Ailments Can Be Treated with Medical Cannabis in Delaware?

Patients in Delaware diagnosed with the following illnesses are afforded legal protection under the Delaware Medical Marijuana law:

  • Cancer, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease
  • Post-traumatic stress disorder, when the written certification is signed by a properly licensed psychiatrist
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

o   cachexia or wasting syndrome;

o   severe, debilitating pain, that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects;

o   severe nausea;

o   seizures;

o   severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis

  • Glaucoma, when the written certification is signed by a properly licensed ophthalmologist
  • Any other medical condition or its treatment added by the Department 

Medical Marijuana Access 

Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, Delaware medical marijuana doctors  will supply patients with a medical marijuana recommendation in compliance with state law.

According to Delaware medical marijuana law, patients and their caregivers may possess up to six ounces, or 170 grams, of marijuana. The state of Delaware does not allow for patients or caregivers to grow or cultivate their own cannabis. Instead, their medicine must be purchased from state licensed compassionate care centers, which will also grow its supply of cannabis.