Yes, medical marijuana is legal in Delaware pursuant to the Delaware Medical Marijuana Act (DMMA), signed into law in 2011 by Governor Jack Markell. The DMMA permits patients suffering from specific conditions to purchase and use cannabis for medical use. The DMMA created a medical marijuana program overseen by the state Division of Public Health (DPH) to allow medical cannabis use in a regulated system for alleviating symptoms associated with debilitating medical conditions and their medical treatments.
Medical marijuana is available to persons who are Delaware residents suffering from one or more approved conditions:
The following are the qualifying conditions for pediatric patients (patients under the age of 18):
Note that Delaware laws permit any citizen to petition the Division of Public Health to add conditions or treatments to the approved list. This may be done by petitioning the Delaware DPH to consider an illness.
You can apply for a medical marijuana card online in Delaware via the DHSS application portal. Online application is recommended for applicants with physicians registered in the DHSS system to accept online applications. The state also allows applicants to obtain medical marijuana certifications via telemedicine.
You can register with the Delaware medical marijuana program via the DHSS online application portal or using a paper application. However, applications are only available to patients with qualifying conditions who possess proof of Delaware residency. Patients not yet 18 are allowed to apply if they have parental consent.
Yes, the medical marijuana cards issued under the Delaware medical marijuana program are only available to persons with valid proof of Delaware residency. A Delaware driver’s license or other State of Delaware-issued ID will be required during the enrollment application.
The cost for a patient or caregiver medical marijuana card in Delaware is a non-refundable fee of $50. This fee may be paid by a check or money order addressed to the "State of Delaware, MMP." If you are completing your medical marijuana card application online, you may pay using a credit or debit card. The renewal fee for the patient or caregiver card is also $50.
The Delaware Office of Medical Marijuana offers a partial waiver to persons with low income who have submitted a complete Low Income Charge Form along with their medical marijuana card application. The low-income application charge is determined using a scale of 138% of the poverty level. If your gross household income is at or below 138%, your application fee will be $25.00.
When visiting a Delaware medical marijuana dispensary, bring your valid state-issued ID and your Delaware medical marijuana card. Note that the dispensary will verify your identity and medical cannabis patient status using the provided documentation before allowing you to purchase medical cannabis.
In Delaware, only healthcare practitioners licensed to practice in the state as the following may issue medical marijuana certifications or prescribe medical cannabis:
If the patient is younger than 18, the healthcare practitioner must be a physician who is a pediatric neurologist, pediatric oncologist, pediatric gastroenterologist, developmental pediatrician, pediatric psychiatrist, or pediatric palliative care specialist. Whether patients are adults or minors, healthcare practitioners must have bona fide relationships with the patients they certify for medical marijuana.
If you are not yet 18, you can get a Delaware medical cannabis card if you have parental consent. You must have your designated caregiver complete a Delaware medical marijuana program caregiver application. Also, instead of completing a regular patient medical marijuana application form, you must complete a pediatric medical marijuana patient application form and follow the instructions contained in the application.
Qualifying patients aged 18 can apply for Delaware medical marijuana cards without requiring parental consent or completed caregiver applications.
Delaware medical marijuana cards are valid for one year from the issue dates. Persons looking to renew their medical marijuana cards are required to submit their renewal applications up to 3 months before the expiration dates. Applications may be printed from the Division of Public Health's website and mailed to the DPH after completion or completed online. If requested, the DPH will mail or email an application to you. Note that the renewal process is the same as the initial application process.
There are no provisions for the cultivation of cannabis under the Delaware medical marijuana program. Hence, it is illegal for patients and caregivers to grow cannabis for medical purposes in the state.
A Delaware medical marijuana card allows the individual named on the card to purchase a higher amount of marijuana when compared to an adult user. Recreational marijuana purchases are capped at a 1-ounce limit of usable marijuana and its equivalents. However, a patient with a Delaware medical marijuana card can purchase up to 3 ounces of marijuana. The medical marijuana card also exempts the cardholder from paying the 15% sales tax imposed by the state on recreational marijuana sales.
The Delaware medical marijuana program requires minors to designate caregivers in order to access medical cannabis in the state. A designated caregiver is an individual chosen by a qualifying patient as the authorized person to possess, obtain from an approved Delaware dispensary, dispense, and help administer medical marijuana on the patient's behalf.
Under the Delaware medical marijuana program, caregivers are required to apply for a medical cannabis registry identification card and obtain a Delaware and United States background check which is valid for 3 years. Upon approval of a caregiver application, the Delaware Division of Public Health will issue an identification card allowing the caregiver to buy up to 3 ounces of medical marijuana on behalf of the patient. Note that it is illegal for caregivers to use medical marijuana obtained for patients.
Delaware permits a caregiver to have up to 5 patients. However, the caregiver must have an ID for each patient. Note that no agency in the state assigns caregivers to patients. It is the responsibility of a patient to look for a qualified caregiver. Per the Delaware Medical Marijuana Act, a qualified caregiver is a person who:
Delaware does not offer medical marijuana reciprocity to patients. Hence, out-of-state patients cannot buy medical marijuana in the state.
Yes. The information received, and records maintained by the medical marijuana program division of the Delaware Department of Health are subject to all applicable federal privacy laws. Such records are confidential and exempt from the Freedom of Information Act. They are not subject to disclosure to any individual, public or private entity, except as required for authorized employees of the Department of Health to perform official duties for the medical marijuana program. Hence, law enforcement may only access medical marijuana records in extreme cases. Delaware employees cannot access medical marijuana records via background checks.
No, insurance does not cover medical marijuana in Delaware.
With a Delaware medical marijuana registry ID card, you can purchase up to 3 ounces of cannabis every 14 days or 6 ounces per month. Designated caregivers are also allowed to purchase this same quantity of cannabis for delivery to their homebound or minor patients.
With recreational marijuana now legal in Delaware, a medical marijuana card is not required to purchase marijuana at licensed dispensaries in any city in the state. You may visit a recreational pot dispensary with a valid government ID proving you are 21 or older. With the valid ID, you will be allowed to purchase up to 1 ounce of cannabis. However, if you want to buy higher amounts of cannabis (up to 6 ounces in a month), you must have a Delaware medical marijuana card.