Getting a Medical Card in Delaware

Updated on November 19, 2021.  Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

Getting a Medical Marijuana Prescription in DE

Delaware is one of the few states in America that does not charge a sales tax on medical cannabis. That means patients with a Delaware medical card can save a lot of money on the monthly cost of MMJ. Even though it appears that adult-use (recreational) cannabis may be legalized in 2022, it will be taxed. Adults over the age of twenty-one (21) will have to pay approximately 20% excise tax on each purchase. That is the current proposed tax rate for recreational cannabis in Delaware. 

Medical Marijuana in Delaware (2021 Update)

The Health and Human Development Committee approved House Bill 150 on March 24, 2021. It was voted out of committee on June 4, 2021, which means it is ready to move forward to the Senate. 

House Bill 150 would legalize adult-use (recreational) cannabis in Delaware. That means anyone over the age of twenty-on (21) years will be able to purchase cannabis at a dispensary. Possession of one ounce or less will be decriminalized in the state under HB 150.

The sponsor of House Bill 150 to legalize adult use in Delaware is Rep. Ed Osienski. The legislation will be reintroduced in January 2022 and is expected to pass. Compassion Centers (dispensaries) in Delaware are now permanently permitted to deliver cannabis products to patients. Patients may only purchase cannabis products at one of the licensed Delaware Compassion Centers. 

FAQs

Who qualifies for medical marijuana in Delaware?

The medical cannabis program provides protections for patients with chronic diseases or debilitating symptoms. To apply for a Delaware medical card, patients must be diagnosed with a state-mandated health condition.

The qualifying health conditions according to the Delaware Medical Marijuana Act are:

  • Terminal illness
  • Cancer
  • AIDS/HIV
  • Decompensated cirrhosis
  • Amyotrophic Lateral Sclerosis 
  • Agitation of Alzheimer’s disease
  • Post-traumatic Stress Disorder (PTSD)
  • Intractable epilepsy
  • Autism with self-injurious or aggressive behavior
  • Glaucoma
  • Chronic Debilitating Migraines
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia, Severe, debilitating pain that has not responded to treatment or has produced serious side effects. Intractable nausea.Seizures. Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis.

There is a separate and more restrictive list of health conditions for minors. Anyone younger than eighteen years of age must be referred by a pediatric specialist in the areas of neurology, oncology, gastroenterology, or palliative care. 

Patients must have a recent and formal written diagnosis of the qualifying health condition. This is needed before applying for the Delaware medical card. 

Petitions to add the diagnosis of anxiety or opioid use disorder have been denied by the Delaware Medical Marijuana Oversights Committee. 

What Medical Marijuanas are Available in DE?

Patients with a Delaware medical card can purchase different types of cannabis products from a Compassion Center. That is the name for licensed medical cannabis dispensaries in the state. 

  • Cannabis Flower
  • Vape Oil
  • Pre-Rolled Cannabis
  • Concentrates
  • Edibles
  • Tinctures (Oral Drops)
  • Topicals (Creams and Lotions)

It is legal for Compassion Centers in Delaware to provide home delivery of medical cannabis products. Patients can conveniently order their products online and schedule delivery.

How Old Do You Have to Be to Get a Delaware Medical Card?

You must be eighteen (18) years of age or older to apply for a medical card. And you must be diagnosed with one of the qualifying health conditions. 

Do I need to create my own MMJ patient profile?

Patients are required to create their own account and profile online. This is a quick and easy first step to getting your Delaware medical card. 

If the patient is referred for medical cannabis in Delaware, the doctor will complete the paper form for the patient. Some physicians are registered online with the Delaware Medical Marijuana Program. Those doctors can accept online applications. 

For questions regarding applying for a medical card in Delaware, patients can contact the Medical Marijuana Program at (302) 744-4749.

Can I register my child for medical marijuana?

Yes. Your child can get access to medical cannabis in Delaware. There is a special list of qualifying health conditions for children, however. And the minor must be referred to the Delaware medical card program by a pediatric specialist. Minors may only receive high CBD cannabis oil with no more than 7% THC potency. Some therapeutic products for minors may also have up to 15% THC acid. 

How can I become a caregiver for MMJ in DE?

If you are an adult over twenty-one years in Delaware, you can apply to become a caregiver. Applicants must be the child’s legal guardian and not have a prior conviction of a felony offense. 

Caregivers in Delaware can be registered to assist up to five qualifying patients in the DE medical cannabis program. Proof of residence is required with government-issued identification. A fee of $50 is required for caregivers to apply. You will need to have the 10-digit patient identification number to apply. Caregivers or patients who qualify can apply for the discounted Low-Income Application Charge to reduce the cost of registration. 

How do I renew my Delaware medical card?

Renewing a Delaware medical cannabis card is the same as the steps you took when you applied. You will use the same form provided by the Delaware Health and Social Services Office of Medical Marijuana. You will need the two-page physician certification letter confirming your qualifying health conditions and symptoms. Patients also have to pay a $50 fee for renewal annually.

What if I lose my medical card in DE?

Patients can get a new medical card if the original has been lost, stolen, or damaged. To get a replacement card, patients can travel to the Medical Marijuana Program office (417 Federal St. Dover, DE 19901). Patients can also mail in a request for a replacement card. There is a $20 fee required to get a new Delaware medical card. 

Where do you get medical marijuana in Delaware?

The Office of Medical Marijuana (OMM) in Delaware licenses dispensary locations. The DMMA allows patients to travel to the dispensary and purchase medical cannabis products. Patients can economize their purchases with specific discount opportunities. Many Delaware dispensaries have weekly sales and special discounts for DE military veterans and seniors. 

When did medical marijuana in DE become legal?

The Delaware Medical Marijuana Act was signed in 2011 by Governor Jack Markell. The DMMA provided legal protection for qualified patients to purchase and possess medical cannabis. 

The History of Medical Marijuana in Delaware

In Delaware, state legislators previously tried to legalize adult-use (recreational) cannabis. Back in June 2018, the adult-use legislation was stopped in the House of Representatives without proceeding to the Delaware Senate. 

Here are some other historical moments on the path to making medical cannabis legal in Delaware. 

June, 2015—Possession of one ounce or less of cannabis by an adult 21 years or older was decriminalized. When Gov. Markell signed House Bill 39, Delaware became the twentieth state to decriminalize marijuana. 

Source Web 2021: mpp.org

May, 2011—Then-Governor Jack Markell signed the first legislation that would legalize medical cannabis in Delaware. The original legislation allowed patients to possess up to six (6) ounces. The cost of registering for a Delaware medical card in 2012 was $125. The application for patients was reduced to $50. 

The new medical cannabis laws in Delaware required that all jurisdictions implement Compassion Centers. But by 2016, there was only one compassion center open to dispense to patients with a Delaware medical card. 

Source Web 2021: dhss.delaware.gov

 

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Delaware Department of Public Health
Medical Marijuana Program
417 Federal St., Suite 140
Dover, DE 19901
Phone: (302) 744-4749
Fax: (302) 739-3071
Email: MedicalMarijuanaDPH@state.de.us
Website: Delaware Medical Marijuana Program

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Delaware Medical Marijuana Program: Possession and Cultivation Regulations

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.”

Delaware Medical Marijuana Telemedicine Services Online

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”.

Delaware Qualification

Patients suffering from a wide variety of conditions are able to use medical marijuana in Delaware. These include:

Learn more about Who Qualifies for Marijuana in Delaware in our comprehensive guide.

Delaware Medical Marijuana Laws

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.

Delaware Medical Marijuana Card

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 Medical Marijuana Facts

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.

Doctors in Delaware

Learn more about medical marijuana doctors in Delaware by checking out our listings in your city:

Dispensaries in Delaware

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