Delaware Medical Marijuana

Updated on January 23, 2020.  Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

Delaware Medical Marijuana Program: Contact Details

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

Delaware Medical Marijuana Program: Information

1. Patients must be over eighteen (18) years of age. If under eighteen (18) years of age, the patient must obtain parental consent.
2. Patients must be residents of Delaware and provide proof of residency with a valid Driver’s License or State Issued Identification Card.
3. Patients must be evaluated by a certified Physician. Find A Certified Physician In Delaware.
4. Patients must be diagnosed with a Qualifying Condition.
5. Patients must enroll in the Delaware Medical Marijuana Program Patient Registry.
6. After enrolling, patients must submit their application for the Delaware Medical Marijuana Card.
   • The Application Fee is $125.00 and is Non-Refundable. Checks or Money Orders must be made out to the State of Delaware, MMP. If you are unable to pay the Application Fee you may submit a Fee-Waiver Request to see if the Application Fee will be reduced or waived.
   • Patients must initial all three (3) Patient Attestation Statements and sign.
   • Patients must include the Physician Certification Form, completed by their certified physician.
   • Release of Medical Information must be signed and included.
   • Applications can also be mailed to Delaware Division of Public Health Medical Marijuana Program 417 Federal St., Suite 140 Dover, DE 19901
7. Once approved, patients will be notified and the Delaware Medical Marijuana Card will be mailed to the address listed on the application.

Recent Legislation Changes

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.

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.

Effective July 1, 2019, Program will add a mobile ID card to access MMJ card from any mobile phone. (https://dhss.delaware.gov/dph/hsp/medmarupdates.html)

• New application fee structure created at Medical Marijuana Oversight Committee meeting
  • New and renewal patient applications $50.00
  • New and renewal caregiver applications $50.00
  • Employee $125.00
  • Low Income $25.00 – determined utilizing 138% of the Federal Poverty Level. If gross household income is at or below 138%, you qualify for this.