Updated on November 19, 2021. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Delaware Department of Public Health
Medical Marijuana Program
417 Federal St., Suite 140
Dover, DE 19901
Phone: (302) 744-4749
Fax: (302) 739-3071
Website: Delaware Medical Marijuana Program
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.”