23 Legal States

Delaware Medical Marijuana Card

Senate Bill 17 requires that patients receive mandatory medical marijuana ID cards (aka medical marijuana card, pot card or cannabis card) from the Delaware Department of Health and Social Services. As the law is in it’s infancy, DE has not yet established an application process, and medical marijuana id cards may not be available in Delaware until as late as July 1, 2012. Until then, an affirmative defense went into effect on July 1, 2011 that will offer limited protection to patients.

The affirmative defense does not prevent an arrest or a prosecution, but it can be raised and proven in court to prevent a conviction. If all of the conditions are met, the prosecution is supposed to be dismissed. The defense only applies if:

  • The patient is in possession of no more than six ounces of marijuana and no plants.
  • The patient possessed marijuana solely to treat or alleviate the patient’s serious or debilitating medical condition.
  • The patient’s physician has stated that, “in the physician's professional opinion, after having completed a full assessment of the individual's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marijuana to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition.” (Find a Delaware Medical Marijuana Doctor here).
  • The patient was not doing any of the activities prohibited in §4904A of the law, such as driving under the influence of marijuana; possessing marijuana on school grounds, on a school bus, in a jail, or in a state-funded health care or treatment facility; or smoking marijuana in a public place or in any form of transportation.


It is important to remember that this affirmative defense will only be consistently available from July 1, 2011 until 75 days after ID card applications have been made available.