* If you are a minor (under 18), you must qualify for intractable epilepsy or another chronic or debilitating disease or medical condition that has failed previous treatment methods
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.
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.
Yes. Here is the list in full:
Your Delaware medical marijuana ID card will expire in one year's time from the issue date.
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.
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.
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.
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.
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.
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.
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.
No. All medical marijuana doctors protect their patients' records under HIPAA because they are required to maintain privacy by both state and federal law.
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.
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.
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.
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.
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.
No. Your healthcare provider is not under obligation to certify you. You are, however, allowed to seek a second opinion from a different doctor.
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.
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.
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.
Most insurance providers will not cover medical marijuana, even federally approved Epidiolex, because marijuana is still on the Schedule 1 drug list.
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.
You have two options; you can go through the online application process here or print a copy and mail it in.
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.
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.
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.