What Conditions Qualify for Medical Marijuana Card in Delaware (2024)

How Many Medical Conditions Qualify for Medical Marijuana Treatment in Delaware?

There are 17 qualifying medical conditions for medical cannabis treatment for adults in Delaware. For patients under the age of 18, the state recognizes five qualifying conditions for medical marijuana access.

Qualifying Conditions for Medical Card in Delaware 2024

The Delaware Medical Marijuana Act recognizes the following as qualifying debilitating conditions for adults applying for the state’s medical cannabis card:

• Terminal illness
• Cancer
• Positive status for Human Immunodeficiency Virus (HIV Positive)
• Acquired Immune Deficiency Syndrome (AIDS)
• Decompensated cirrhosis
• Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig’s Disease)
• Agitation of Alzheimer’s disease
• Post-traumatic Stress Disorder (PTSD)
• Intractable epilepsy
• Autism with self-injurious or aggressive behavior
• Glaucoma
• Chronic Debilitating Migraines
• 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 longer than 3 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

Qualifying conditions for minors applying for the Delaware medical marijuana card are:

• Intractable epilepsy
• A chronic or debilitating disease or medical condition unresponsive to other treatments and involving one or more of the following symptoms:
• Cachexia or wasting syndrome
• Intractable nausea
• Severe, painful and persistent muscle spasms
• Autism with self-injurious or aggressive behavior

Does Delaware Add New Qualifying Conditions to its Medical Marijuana Program?

Yes. Delaware’s medical marijuana law empowers the Department of Health and Social Services (DHSS) to add new debilitating medical conditions to the state’s list of qualifying conditions. The DHSS accepts petitions for new additions, through its Office of Medical Marijuana, from residents of the state. It accepts or denies such a petition within 180 days of receiving it. Since the inception of its medical marijuana program, Delaware added autism to the list of qualifying conditions in 2018 but denied petitions for anxiety in the same year and opioid use disorder in 2019.

Does Delaware Allow Physicians to Recommend Medical Cannabis for Non-Qualifying Conditions?

No. Medical providers approved to recommend medical marijuana in Delaware cannot certify patients for conditions other than the ones in the state’s list of qualifying medical conditions even if they deem such conditions as debilitating.

Do You Need a Doctor’s Recommendation for Medical Marijuana in Delaware?

Yes. Obtaining a written certification from an eligible medical provider is one of the requirements for registering in Delaware’s medical marijuana program. To obtain the state’s medical marijuana card, eligible patients must submit written certifications from licensed health providers. Such health care practitioners must have bona fide care relationships with the patients they are recommending for medical marijuana use. Delaware only accepts a written certification issued by a health care practitioner licensed to practice in the state. Such a practitioner can be a:

• Medical Doctor (MD)
• Doctor of Osteopathic medicine (DO)
• Advanced Practice RN (APRN) or
• Physician Assistant (PA)

Who Qualifies for a Medical Marijuana Card in Delaware?

In addition to a diagnosis of at least one of the conditions on the state’s list of qualifying medical conditions, Delaware also requires anyone applying for its medical marijuana card to be a resident of the state. While adults can apply for this card on their own, Delaware mandates minors applying for the card to get the consent of their parents/legal guardians and name them as “Responsible Parties”.