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Delaware Department of Health and Social Services
Division of Public Health
Phone: 302-744-4749
Fax: 302-739-3071
Email: MedicalMarijuanaDPH@state.de.us
Website: Delaware Medical Marijuana Program
Note from State, on sources for medical marijuana
“The State currently recognizes properly permitted compassion centers as the only legal way to obtain marijuana” Medical Marijuana Questions & Answers [Accessed March 01, 2016]
The Delaware Patient Registry application fee is $125, however, a sliding scale fee is available, based on income. The Delaware Marijuana Registry is mandatory and does NOT accept other state’s registry cards.
As legislation changes in Delaware, check back to this section for how those changes will affect the medical marijuana program in Delaware.
State leaders have done a great deal in recent years to establish the Delaware medical marijuana program as well as take steps toward decriminalizing possession of small amounts of weed.
On May 13, 2011, Governor Jack Markell (D), signed into law Senate Bill 17, effective July 01, 2011, after it was approved by the House 27-14, and the Senate 17-4.
Senate Bill 17 protects a patient from arrest if he or she has a written certification from their physician, stating that they may “benefit from the therapeutic use of medical marijuana”, where the patient has a specified debilitating medical condition. All certified patients are required to send a copy of the written certification to the state Department of Health and Social Services, upon receipt of which, the Department will issue the patient with a Delaware ID card, validating the information. No arrests may be made, so long as the patient remains in compliance with the law.
Delaware allows for state-regulated, non-profit distribution of medical marijuana by compassion center, also known as a dispensary.
On February 12, 2012, Governor Markell posted the following statement (available on delaware.gov in its entirety), in response to a letter from US District Attorney Charles Oberly:
“I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers. To do otherwise would put our state employees in legal jeopardy and I will not do that. Unfortunately, this shift in the federal position will stand in the way of people in pain receiving help. Our law sought to provide that in a manner that was both highly regulated and safe.”
On August 15, 2013, Governor Markell sent a letter to Delaware lawmakers, stating his intention to relaunch the state’s medical marijuana program, despite earlier decisions to halt implementation.
On June 23, 2015, Governor Markell signed Senate Bill 90, “Rylie’s Law”, effectively allowing patients with severe seizure disorders to use cannabidiol (CBD), one of many the cannabinoids in cannabis shown to have medical benefit, especially for patients with epilepsy.
Please be advised that as Per SB 90, “[T]he Department shall issue a registry identification card to a qualifying patient with intractable epilepsy or involuntary muscle contractions that cause slow, repetitive movements or abnormal postures, such as dystonia, who is younger than 18 years of age, but only for the use of medical marijuana oil [that is not more than 7% THC (tetrahydrocannabinol)]”.
For more information on how to access CBD cannabis oil in Delaware, kindly contact the Delaware Department of Health directly.
In July 2017, Senate Bill 24, signed by Governor John Carney, expanded access to medical marijuana to Delaware residents with post-traumatic stress disorder (PTSD). Senate Bill 24 removes the additional authorization steps patients needed to take to qualify for medical marijuana, making the process similar to that of other qualifying conditions.
In 2014, the first Delaware medical marijuana dispensary was expected to open near Wilmington. First State Compassion Center did not open until June 2015 due to legal issues and delays in construction. First State won a second contract, which opened in 2016. Previously, it has been difficult for medical marijuana patients in Delaware to find dispensaries closeby that have the means to fill their medical marijuana recommendations, but that might change starting in 2018. More medical dispensaries, including dispensaries connected to NY’s Columbia Care, are expected to open in the spring.
Delaware patients 18 and older, with certain debilitating conditions, may possess up to six ounces of marijuana, with a valid doctor’s recommendation. Registered compassion centers may not dispense more than 3 ounces of marijuana to a registered qualifying patient in any fourteen-day period, and a patient may only register with one compassion center. Home cultivation is NOT allowed under any circumstance. However, Senate Bill 17 contains a provision that allows for an affirmative defense, for individuals found “in possession of no more than six ounces of usable marijuana.”
Qualified patients in Delaware may choose to see a marijuana doctor online instead of in-person, using the telemedicine portal, provided that a medical marijuana telemedicine doctor first establish a bonafide relationship with the patient in-person, after which all follow-up visits may be conducted via medical marijuana telemedicine services, online.
The State of Delaware has a legalized medical marijuana program, which allows patients to receive a medical marijuana recommendation from a certified physician, and apply for a state-issued Delaware Medical Marijuana ID Card, permitting the patient to grow and/or purchase marijuana for medicinal use, as per Delaware state guidelines.
Since the Delaware medical marijuana program is still changing their laws and new Delaware medical marijuana laws are being enacted on a regular basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Delaware medical marijuana program. Please click a corresponding link to find out more about Delaware’s Medical Marijuana Program. We have compiled the following Delaware medical marijuana index of information to serve as a medical library to our users for legal reference of Delaware’s laws, guidelines and program details regarding medical cannabis use in Delaware.
Please note: In order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Delaware’s qualifying medical marijuana conditions, please visit our qualifying conditions section located on the top of our menu under “legal states”.
Patients suffering from a wide variety of conditions are able to use medical marijuana in Delaware. These include ALS, Autism, Cirrhosis, Epilepsy, Cachexia, Multiple Sclerosis, Muscle Spasms, cancer, Alzheimer’s, Chronic Pain, HIV/AIDS, nausea, post-traumatic stress disorder (PTSD), terminal illness and many others.
Learn more about Who Qualifies for Marijuana in Delaware in our comprehensive guide.
In December, 2015, Delaware implemented a law that made possession of a small amount of pot a civil infraction rather than a criminal offense. People caught with up to an ounce of weed will not be arrested, but instead assessed a $100 fine.
More information is available in our Delaware’s Full Medical Marijuana Laws section.
To participate in the Delaware medical marijuana program, patients must first obtain a registry identification card. Before being able to receive that card, however, they must have a written certification from a doctor stating that the patient suffers from a qualifying condition. Patients can submit an application online or submit a paper application to Delaware Health and Social Services for a medical marijuana card. Pediatric patients must submit a separate form to the DHSS.
Our guide to obtaining a Delaware Medical Marijuana Card offers more information.
Delaware allows medical marijuana patients to obtain their cannabis from one of three dispensaries in the state. They have to designate one dispensary, and they can only purchase weed from that particular location. Check out our Delaware Medical Marijuana Facts to learn more.
Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO
