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DE Marijuana Qualification

Updated on January 15, 2019.  Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

What Ailments Qualify For Medical Cannabis in Delaware

Adult patients in Delaware diagnosed with one of the following severe, debilitating, or life-threatening medical conditions, are afforded legal protection under the Delaware Medical Marijuana law, as per Senate Bill 17:

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 listed above.
  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.

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How to Become A Medical Marijuana Patient in Delaware

Delaware’s application system for medical marijuana patients is expected to go live in July 2011. In the meantime, here are some basic guidelines:

  1. Patients must be a Delaware Resident (for at least 30 days), with a valid Delaware I.D. as proof of residency. If you do not have a Delaware I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc. is acceptable.
  2. Obtain a copy of your medical records indicating that you are diagnosed with a qualifying condition – *Learn how to request your medical records
  3. Obtain written documentation from a physician licensed in the state of Delaware stating that you have been diagnosed with a debilitating condition and that you would likely receive benefit from medical marijuana. Please be sure to bring all relevant medical records with to the evaluation appointment – *Find a certified medical marijuana physician in Delaware
  4. Upon receiving a physician’s medical marijuana recommendation, patient’s MUST register with the Delaware Department of Health and Social Services, to obtain a Medical Marijuana card.

Patients can submit a paper application to the DHSS to apply for medical marijuana. Pediatric patients can submit a different form to qualify for medical marijuana.

Medical Marijuana Access in Delaware

Some medical marijuana patients will claim they have a doctor’s prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, Delaware medical marijuana doctors will supply patients with a medical marijuana recommendation in compliance with state law.

According to Delaware medical marijuana law, patients and their caregivers may possess up to six ounces, or 170 grams, of marijuana. The state of Delaware does NOT allow for patients or caregivers to cultivate or grow their own cannabis. Instead, their medicine must be purchased from state-licensed compassionate care centers, which will also grow its supply of cannabis.

In March 2017, Delaware officials were considering legislation that would legalize the use of recreational marijuana for adults. If approved, it would be the first instance of a state legalizing pot through legislation rather than a ballot initiative. Known as the Delaware Marijuana Control Act, HB110 would create a cannabis regulation fund funded by licensing fees for marijuana-related businesses, taxes collected on marijuana sales and any fines that may be imposed. It marks a major evolution for medical marijuana qualifications in Delaware.

We’ll keep you posted on developments as they warrant. In the meantime, you can always turn to MarijuanaDoctors.com for information on obtaining a Delaware medical marijuana card, state medical marijuana qualifications and more.

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