How To Get A Medical Marijuana Card In Delaware [2021 Update]
In early June of 2019, a Delaware recreational cannabis bill which would allow adults 21 and over to possess limited amounts of marijuana cleared its first obstacle. It was passed by a house committee and scheduled for a vote by the full House. By the time you read this, the bill could be dead or it could be signed into law. However, with a similar bill being killed a year ago and with Governor Carney being wary of recreational legalization, many Delaware residents who decided to hold off are rubbing their chins and wondering if they should just go ahead and get a Delaware medical marijuana card.
In this article, we’ll give a brief overview of the state’s medical marijuana program, provide instructions on how to get a medical marijuana card in Delaware, and point you in the right direction to purchase medical marijuana once you do have a card.
Delaware Qualifying Conditions for Legal Medical Marijuana
Before we get to deep, let’s see if you qualify for legal medical marijuana in Delaware.
The conditions which qualify a patient for a medical marijuana card in Delaware include:
- Terminal Illness
- Positive status for Human Immunodeficiency Virus (HIV Positive)
- Acquired Immune Deficiency Syndrome (AIDS)
- Decompensated Cirrhosis
- Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
- Agitation of Alzheimer’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Autism with aggressive behavior
- Chronic Debilitating Migraine
- 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 measure for more than three months, or for which other treatment options produced serious side effects.
- Intractable Nausea
- Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis.
Additional conditions such as anxiety are being considered by the state legislature. The law also provides for a method to petition the state to append additional medical conditions to the list of qualifying conditions.
Delaware Medical Marijuana Overview
Now you know if you qualify, let’s take a look at the big picture.
Eight years ago, in May 2011, Governor Jack Markell signed a medical marijuana bill into law. At that time qualifying conditions included cancer, Alzheimer’s disease, PTSD, among others, including any condition that causes intractable nausea, severe pain or seizures.
However, it would take another four years before any medical marijuana dispensaries opened in Delaware. Although the medical marijuana legislation required all three of the state’s counties — New Castle, Kent, and Sussex — to open a dispensary by January 1, 2013, it wasn’t until 2015 that the first dispensary opened. By that time more than 300 Delaware residents who were awarded medical marijuana cards by Delaware Health and Social Services were eagerly awaiting the launch. Due to high demand and low supply, medical marijuana was difficult to purchase and very expensive.
It’s also worth mentioning here that in June of the same year, Governor Markell signed legislation a bill to decriminalize marijuana. Under the new measure, the possession of one ounce or less of marijuana by adults was reduced to a mere $100 fine which is $25 cheaper than the fee charged by the state for a medical marijuana card.
2 Steps To Get a Delaware Medical Marijuana Card
Assuming you are certified by a doctor, the process of applying for a medical marijuana card in Delaware is fairly simple and can be done entirely online. You can also do so by mail. The state will mail you an application upon request.
Below are the steps to obtaining a medical marijuana card in Delaware:
Step 1 – Physician Certification
Before you apply for a card, you’ll need to make an appointment with your doctor. If your doctor is willing to certify that you meet the qualifications, he or she will complete a Physician Certification. If your doctor is not willing to offer this service you might need to change doctors in order to apply.
Step 2 – Complete the Patient Application
Once you’ve got your doctor’s approval you may fill out the patient application. Again, you can have it mailed to you or apply online. If you will require a caregiver, he or she must also complete a caregiver application.
Step 3 – Pay the non-refundable application fee
There is a nonrefundable fee of $125.00 to submit your application. If you are denied a card for any reason, such as not filling out the application correctly, you’ll need to apply again and repay the application fee. Payment instructions are provided with the application.
Step 4 – Submit proof of age and residency
Finally, you’ll need to upload a copy of your Delaware issued driver’s license or State issued ID with your application or send a clear photocopy of your Delaware driver’s license or State issued ID if you are mailing an application.
If you are mailing your application, you’ll need to send it here:
Division of Public Health
Medical Marijuana Program
Jesse Cooper Building, Suite 140
417 Federal St.
Dover, DE 19901
Applications can take up to 45 days to be approved.
Note that as part of the application approval process, the state will contact your doctor to confirm the recommendation.
Your card is good for one year from the date of issue. The renewal process and application fee are the same as when you first apply to the Medical Marijuana Program. You may submit a renewal application up to 90 days prior to your expiration date.
Delaware medical marijuana rules and regulations
Here are some of the basic rules that you’ll need to be aware of as a Delaware medical marijuana patient.
- Eligibility – In order to qualify, patients must be a resident of the state of Delaware, be diagnosed with a qualifying medical condition, and obtain a Physician Certification from a Delaware licensed MD or DO. All residents are eligible, however, patients under the age of 18 must be represented by a parent or guardian.
- Physicians – In order to recommend marijuana to a patient a physician must be licensed to practice in Delaware and be either an MD or DO (Doctor of Osteopathic Medicine). The physician must also have a bona fide relationship with the patient. Physicians are not required to recommend medical marijuana. Moreover, the state will not provide you with a list of physicians who are willing to recommend medical marijuana. You can find a list of Delaware medical marijuana doctors at the end of this article.
- Dispensaries – To be protected under the Delaware Medical Marijuana Act, you must purchase your medicine from one of the four authorized dispensaries, aka “compassion centers.”
- Possession limits – Cardholding patients are authorized to purchase up to three ounces of marijuana every two weeks, or a total of six ounces per month.
- Public use – Use of marijuana in public is forbidden and constitutes a misdemeanor in the state of Delaware and can land you in prison. That includes on all public property, public transportation and on any school grounds.
- Homegrown – Growing your own medical marijuana is forbidden in Delaware and the penalties are stiff.
- Caregivers – Carholding patients may designate a caregiver to obtain marijuana from an authorized dispensary on that patient’s behalf as well as to help with administering the medication. Caregivers are also required to obtain a registry card and must undergo a State and Federal background check. A parent or legal guardian can act as a caregiver for minor patients. Furthermore, caregivers are permitted to serve up to five patients and are required to have an ID for each patient.
- Confidentiality – Under Delaware law, your application and records are confidential.
- Reciprocation – Delaware does not have a reciprocation program with other states with medical marijuana programs. Only Delaware residents are eligible to use medical marijuana in the state
- Renewal – Medical marijuana cards are valid from one year from the date of issue and must be renewed prior to expiration.
- Lost or stolen cards – If your medical marijuana ID card is lost, stolen, or damaged, contact the Medical Marijuana Program at 302-744-4749 for a replacement card. There is a $20 replacement fee.
Delaware MedCard Q&A
Other Important Information about Delaware Marijuana Cards
How Much Does a Delaware Medical Card Cost To Get From The State?
How much does a Recommending Marijuana Doctor in Delaware Cost?
The Average Cost to visit a Certified Ordering Doctor is $100 – $200 for the initial visit and $75 – $150 for the follow up visit.
Can doctors prescribe medical marijuana?
Doctors are actually not permitted to prescribe medical marijuana to their patients. However, if they are registered by the state, a doctor can recommend medical marijuana and approve their patients for access to the drug.
When I get my DE MMJ card, can I grow my own marijuana?
Where can I find a marijuana doctor near me in DE?
Check out out marijuana doctors map to see if any are listed near you.
Get Certified for Medical Cannabis In Delaware:
For potential Delaware medical marijuana patients we make it easy to connect with a recommending MedCard doctor. You will also receive updates & news relative to marijuana in Delaware. If you are interested simply fill out the patient registration form and a clinic representative will contact you as available. Legal Residents Only Please.
Patient Registration Form
Delaware Marijuana FAQ's
Frequently asked questions we receive regarding DE cannabis.
Can I Smoke Weed in Delaware Once Qualified?
Can I Take My Medical Marijuana to a Different State?
No. According to current laws patients who obtain a medical card should use medical marijuana in Delaware only. Medical marijuana patients may face federal and local charges of transporting marijuana if they cross state lines with the drug. This is true even if the states between which they are traveling allow medical marijuana. Should you need to travel with your marijuana it would be best to contact the state’s Bureau of health to understand the exact laws of the state you are traveling to in order to not risk breaking the law.
Is Recreational Weed Legal?
I see CBD Oils for sale on commercials, online, and at stores around town, is this CBD Oil legal in Delaware?
Hemp derived CBD oil is legal.
Will CBD Oil, hemp, or cannabidiol get me high?
No. CBD is a product that has no THC if derived from hemp and very little if derived from cannabis. THC is the chemical compound that creates the “high”. CBD products are available for patients that have a need for non-euphoric treatment.
Is CBD for Pets really a thing?
Yes, CBD for Dogs, CBD for Cats, and CBD for pets in general is becoming a popular treatment for caring for pets that have arthritis, chronic pain and other ailments. The efficacy and safety of CBD for dogs, cats, and other pets have not been evaluated by the Food and Drug Administration. The FDA only evaluates foods and drugs, not supplements like these products.
Where can I get CBD for pets?
You can find CBD for pets at pet stores, retail and at holistic shops.
Are THC Infused edibles allowed in Delaware?
What marijuana products are legally available in Delaware?
Flower, RSO, Hash, Tinctures, Capsules, Shatter, and Wax
Where can I buy medical marijuana in Delaware?
As mentioned earlier, there are a handful of state-licensed medical marijuana dispensaries in Delaware. (Technically, under Delaware law, they are known as compassion centers.) There is one in each of the state’s counties — New Castle, Kent, and Sussex.
Can I use Medical Marijuana Anywhere?
Similar to all states Delaware medical cannabis card holders have to be responsible. It is important to remember that when smoking in public, it may be assumed that you are using it for recreational use, which is illegal on a Federal Level. Delaware medical marijuana card holders are advised to consume their medicine responsibly, in the safety of their home or in a private residence.
How Much Should I consume?
You should always consult with a Delaware marijuana doctor before using and that doctor will set the course of treatment.
Additional Information & resources
- Delaware medical marijuana laws
- Delaware medical marijuana website
- Delaware medical marijuana FAQ
- Wikipedia – Cannabis In Delaware
- News Journal – Medical marijuana bills propose using drug to treat anxiety, letting users grow own
- Philadelphia Enquirer – Will Delaware legalize marijuana for adult use this year?