In 2011, The Delaware Medical Marijuana Act made medical marijuana legal for eligible patients residing in the state of Delaware. Under this act, card-holding medical marijuana patients are legally able to be in possession of up to 6 ounces of medicinal marijuana.
As of 2015, the law extended the program to minors (those under 18) with specific, qualifying conditions such as epilepsy and other very severe or debilitating conditions. In 2016, with Senate Bill 181, this act was extended even further when it made it legal for qualifying minors to use their medicinal marijuana products on school grounds.
Marijuana is not legal for recreational use in the state, but amounts up to 1 ounce have been decriminalized. Now, possession of up to one ounce by adults is considered to be a civil infraction and carries a fine of no more than $100. Recreational use by minors under the age of 21 remains illegal, as does consuming in public or while operating a car or other vehicles.
Frequently Asked Questions
About Medical Marijuana in Delaware
How can I get a medical marijuana card in Delaware?
If you have one of the qualifying conditions for a medical marijuana card in Delaware, then all you need to do is see a qualified physician for an evaluation, get approved, and then fill out the state application.
Is there a list of qualified conditions for medical marijuana in Delaware?
Yes. Here is the list in full:
- Cancer
- Terminal Illness
- HIV Positive or AIDS
- Decompensated Cirrhosis
- ALS/ Lou Gehrig's Disease
- Alzheimer's
- Post Traumatic Stress Disorder
- Autism with aggressive behavior
- Glaucoma
- Chronic Debilitating Migraine
- Or a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
- Cachexia or 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
- Intractable Nausea
- Seizures
- Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
How long do I have until my MMJ ID card expires in Delaware?
Your Delaware medical marijuana ID card will expire in one year's time from the issue date.
Am I still eligible for the Delaware Medical Marijuana Program if I have a qualifying condition and am a resident of a neighboring state?
No, you are not eligible for the program. You are only eligible for the program if you are a resident of Delaware and can provide proof of residency.
If I am approved and a cardholder of the Delaware Medical Marijuana Program, will my information and records remain confidential?
Yes, absolutely. Federal privacy laws protect all of the information you submit to the Delaware Department of Health. These records are excused from the Freedom of Information Act, meaning they are not legally available to anyone or entity. The only exception comes into play of course when employees of the Delaware Department of Health access your records in order to complete their official duties for the Medical Marijuana Program.
Now that I’m a medical marijuana cardholder in Delaware, where can I consume and use medical marijuana?
Even if you're a legal cardholder for the Delaware Medical Marijuana Program, that does not mean you can use or consume marijuana just anywhere. Any form of transportation, public or private, prohibits marijuana usage. Any public place in general prohibits marijuana consumption or usage. And marijuana usage is absolutely prohibited on school buses, school grounds, correctional facilities, and healthcare facilities run by the state department.
Once my Delaware medical marijuana application is submitted, how long will it take for my application to be processed and approved?
The Delaware Department of Health has a 45 calendar day deadline to approve or reject a completed application. This 45 day mark begins from the day they receive your application, whether that’s online or via the mail.
How will the Delaware Medical Marijuana Program confirm the written assessment and certification my physician provided?
The Delaware Department of Health and Medical Marijuana Program division will reach out to the physician or healthcare provider that completed your certification to confirm your assessment and records.
I think I accidentally submitted an incomplete Delaware medical marijuana application. What happens now?
The Delaware Medical Marijuana Program cannot move forward with an application unless it is 100%complete. If they find your application to be incomplete, it will be returned back to you in order to be resubmitted with the missing information.
In the case that my Delaware medical marijuana ID card needs to be replaced or edited, is there an additional charge?
If you need a replacement for your medical marijuana ID card, you will be charged a $20 replacement fee. There are two options for obtaining a replacement card; you can visit the Medical Marijuana Program office in person (417 Federal St. Dover, DE 19901) or send a mail in request to the same address. For additional questions about replacements you can contact the program office.
Will my name be added to a federal list if I get a medical marijuana card?
No. All medical marijuana doctors protect their patients' records under HIPAA because they are required to maintain privacy by both state and federal law.
I have my Delaware medical marijuana ID card now, but my information is incorrect on my card. What do I do?
The Delaware Medical Marijuana Program office will be responsible for handling this. Contact them with your situation and the exact details that need to be corrected. If the mistake is on their end, you will receive a corrected ID card at no extra cost to you.
My Delaware medical marijuana ID card has expired but I have yet to complete my renewal application. Can I still buy and use medical marijuana with my current ID card?
No. The day your ID card’s expiration date hits, all legal coverage from the Delaware Medical Marijuana Act is omitted. Until your ID card is officially renewed, you may not legally purchase or use any medicinal marijuana products.
My medical condition is not officially listed under Delaware's qualifying conditions. Is there still a possibility I can be eligible for an ID card?
Yes, there is still a possibility you can be eligible for a Delaware medical marijuana ID card. In a case like this, you would need to petition the Department to see if an exception or addition can be made for your specific condition. You may view more information on how to petition here.
If I see my condition on the list of qualifying medical conditions, does that mean I can automatically be considered a participant of the Delaware Medical Marijuana Program?
No. If your condition is found under the list of qualifying conditions, then you are eligible for the program. However, to be able to legally use and purchase medical marijuana under the Delaware Medical Marijuana Program, you must have completed an evaluation with a Delaware licensed physician and submitted a completed application.
How can I find a physician who can approve me for the Delaware Medical Marijuana Program?
In order for a physician to approve you for the medical marijuana program, they need to be licensed to practice in the state of Delaware. They must be an MD (Medical Doctor) or DO (Doctor of Osteopathic medicine) as well.
I have a debilitating condition but my physician is refusing to certify me for the program. Aren’t they required to?
No. Your healthcare provider is not under obligation to certify you. You are, however, allowed to seek a second opinion from a different doctor.
Now that I have a legal Delaware MMJ ID card, can I purchase marijuana from anywhere?
No. You are only under protection from the Delaware Medical Marijuana Act if you purchase and use marijuana products from one of the program authorized dispensaries.
What if I want to grow my own marijuana in Delaware? Is that an option?
No, this is not an option. The only legal source or method for obtaining your marijuana products, once you are an official program patient, is from an authorized dispensary.
Is there a limit on the amount of medical marijuana I can have in Delaware once I’m a registered patient?
For every 14 days, patients can legally be in possession of 3 ounces of usable marijuana. That totals to 6 ounces in possession for an entire month long period.
Is medical marijuana eligible for insurance or Medicaid coverage in Delaware ?
Most insurance providers will not cover medical marijuana, even federally approved Epidiolex, because marijuana is still on the Schedule 1 drug list.
What is a designated caregiver and how does it work?
If you are a qualified patient that is unable to obtain and purchase your medical marijuana on your own, you can be eligible for a designated caregiver. This caregiver can obtain your medical marijuana for you and even help you administer the medical marijuana product. In order to have a designated caregiver, they must also go through an application process that allows them to receive a registry card. Their registration as a caregiver expires after three years. Caregivers are not legally allowed to consume the medical marijuana product, only to obtain it and administer it to the patient they are responsible for.
Where do I begin the application process to become a Delaware designated caregiver?
You have two options; you can go through the online application process here or print a copy and mail it in.
Am I considered a caregiver (and hence need an registry card) if I am purchasing medical marijuana for my child?
Yes. Because patients under 18 are unable to purchase medical marijuana by themselves from a dispensary, they must have an accompanying adult and registered caregiver with them. If you are the parent or legal guardian of the minor patient, then you will need a Responsible Party ID card in order to fulfill your child’s medical marijuana prescription.
Is it possible to be a designated caregiver to multiple patients in Delaware?
Yes. You can be a designated and registered caregiver to up to five medical marijuana patients. Keep in mind that you must have a separate ID for each patient.
I am already a registered, qualifying patient in the Delaware Medical Marijuana Program. Can I still be a designated caregiver for another patient?
Yes. There is no conflict with being a patient and being a designated caregiver. You still must complete the separate application processes and wait to receive your unique ID/registry cards before you can visit an authorized dispensary and purchase medical marijuana.
