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DE Marijuana Qualification

Delaware Medical Marijuana Qualification

Who Qualifies for Medicinal Marijuana in Delaware

Senate Bill 17 was signed by Delaware Governor Jack Markell (D), on May 13, 2011, thereby protecting 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.

The Department of Health and Social Services requires all certified patients to send in a copy of the written certification, upon receipt of which, the patient will be issued with a Delaware ID card, validating the information.

The Delaware medical marijuana program allows for state-regulated, non-profit distribution of medical marijuana by compassion centers, also known as a dispensary.

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:

  • Cancer, HIV/AIDS, Decompensated cirrhosis (about 20% of patients with hepatitis C may develop this condition), amyotrophic lateral sclerosis, Crohn’s disease Alzheimer’s disease, autism; or
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
  • cachexia or wasting syndrome;
  • severe/debilitating pain, that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects;
  • severe nausea;
  • seizures;
  • severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.
  • terminal illness
  • Post-traumatic stress disorder (PTSD)
  • terminal illness

Patients 18 years or younger — qualified by a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist — must be diagnosed with one of the following severe, debilitating, or life-threatening medical conditions:

  • Intractable epilepsy
  • A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms
  • Cachexia or wasting syndrome
  • Intractable nausea
  • Severe, painful and persistent muscle spasms

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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.

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