How To Get a Medical Marijuana Card in Delaware

What is an MMJ Card in Delaware?

A Delaware MMJ card is a medical marijuana patient registry identification card issued under the state's medical marijuana program. This card is issued by the Office of Medical Marijuana of the Delaware Department of Health and Social Services (DHSS).

The card identifies the person named on it as a registered qualifying patient authorized to purchase and possess up to 3 ounces of usable marijuana every 14 days or a total of 6 ounces per month. The Delaware MMJ card provides protection from arrest for purchasing, using, or carrying cannabis up to these stipulated limits.

Who Can Apply for a Medical Marijuana Card in Delaware?

Pursuant to the Delaware Medical Marijuana Act, an individual who fulfills all of the following conditions may apply for a Delaware MMJ card:

• Be aged 18 or older or be a pediatric patient who has obtained parental consent to use medical marijuana
• Be diagnosed with one or more qualifying conditions under the Delaware medical marijuana program
• Possess a Health Care Practitioner Certification from a Delaware licensed healthcare practitioner authorized to issue medical marijuana certification
• Be a Delaware resident with proof of residency, such as a Delaware State ID and Delaware driver's license

Can a Minor Obtain a Medical Marijuana Card in Delaware?

While pediatric patients (under the age of 18) can access medical marijuana through their adult caregivers under the Delaware medical marijuana program, they are not allowed to obtain medical marijuana cards.

What Conditions Qualify for Medical Marijuana Cards in Delaware in 2024?

Adult patients (aged 18 or older) who suffer from one or more of the following medical conditions are eligible to apply for Delaware medical marijuana cards:

• Agitation of Alzheimer’s disease
• HIV
• AIDS
• Acquired Immune Deficiency Syndrome (AIDS)
• Decompensated cirrhosis
• Terminal illness
• Amyotrophic Lateral Sclerosis or Lou Gehrig’s Disease
• Post-traumatic Stress Disorder (PTSD)
• Cancer
• Autism with self-injurious or aggressive behavior
• Intractable epilepsy
• Chronic Debilitating Migraines
• Glaucoma
• A debilitating disease or medical condition or its treatment produces one or more of the following:
  • Cachexia
  • Intractable nausea
  • Severe, debilitating pain that has failed to respond to previously prescribed medication or surgical procedures for 3 months or more, or for which other treatment options resulted in serious side effects.
  • Severe and persistent muscle spasms, including those related to multiple sclerosis
  • Seizures

For pediatric patients (younger than 18), a patient must have one or more of the following conditions for their caregiver to be eligible for a caregiver MMJ card:

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

How Do I Apply for an MMJ Card in Delaware in 2024?

The Delaware Office of Medical Marijuana allows a qualified patient to submit an application for a medical marijuana card online or by mail. Regardless of the method of application, the process and documentation required are similar.

Follow these steps to apply for a Delaware MMJ Card:

• Get a Healthcare Provider Certification: The Office of Medical Marijuana requires applicants for MMJ cards to obtain a medical marijuana certification from an authorized healthcare provider. This certification is required to prove that an applicant has a qualifying condition and is aware of the effects of using marijuana for therapeutic purposes. The healthcare provider is required to be licensed to practice in Delaware and be a Medical Doctor, Doctor of Osteopathic Medicine, Advanced Practice Registered Nurse, or Physician Assistant. Healthcare providers issuing medical marijuana certifications for patients younger than 18 are required to be pediatric neurologists, pediatric gastroenterologists, pediatric oncologists, or pediatric palliative care specialists
• Complete the Patient Application: After obtaining a medical marijuana certification, the applicant must complete the patient application or pediatric patient application as applicable. Both forms are available on the Delaware medical marijuana program website
• Pay the Application Fee: Before submitting an MMJ application, the applicant must pay the non-refundable application fee of $50.00. Indigent patients who have a gross household income under 138% of the federal poverty level are usually allowed to pay $25 instead of the standard $50 charge. In addition to a completed Low Income Charge Request form, indigent MMJ card applicants who qualify for a discounted application fee must submit the following in their MMJ card applications:
  • A copy of their most recent Federal and State Income Tax returns
  • A copy of all W-2 Forms submitted with their tax returns
  • Other documents which show their current income, including Social Security Statements
  • Number of people that are living in their household
• Submit Proof of Residency and Age: The applicant or the applicant's parents or legal guardian, if the applicant is a minor (under 18), must upload a copy of their Delaware-issued driver's license or State issued ID with the application

How To Apply For A Medical Marijuana Card In Person In Delaware

The Delaware Office of Medical Marijuana does not state whether MMJ applications can be submitted in person. The OMM’s website states that applications can be submitted online or by mail. For more information on the OMM’s position on in-person MMJ card applications, contact the agency at:

Division of Public Health

Medical Marijuana Program

Jesse Cooper Building, Suite 140

417 Federal Street

Dover, DE 19901

How To Apply For An MMJ Card By Mail In Delaware

The Delaware Office of Medical Marijuana accepts MMJ card submissions by mail. You may request paper applications from the OMM by contacting the Office by phone at (302) 744-4749 or by mail at MedicalMarijuanaDPH@delaware.gov. If requested, the Delaware DHSS will mail or email a paper application to the applicant. Alternatively, you can download the paper application from the medical marijuana program website. Patients submitting their applications by mail are required to send a clear photocopy of their Delaware-issued driver's license or State-issued ID in their applications_. _Application fees may be paid using a check or money order made payable to the State of Delaware.

Completed MMJ card applications must be submitted to:

Delaware Division of Public Health

ATTN: MMP, Suite 140

417 Federal Street

Dover, DE 19901

How Does a Primary Caregiver Get a Delaware MMIC?

A designated caregiver is an adult (aged at least 21 except the individual is the parent or legal guardian of a minor who is a qualifying patient) selected by a qualified patient as the individual authorized, on the patient's behalf, to possess, obtain from a licensed dispensary, dispense, and assist in medical marijuana administration.

To apply for a caregiver MMJ card, the applicant must complete a state and federal background check and the caregiver application form. Include the completed application form, patient authorization form completed and signed by the patient, a legible copy of the applicant's driver's license or state-issued ID, a receipt from the State Bureau of Identification showing that the applicant requested a statewide and federal background screening clearance report to be sent to the OMM, and the $50 application fee or signed Low Income Charge Request form to:

Delaware Division of Public Health

ATTN: MMP, Suite 140

417 Federal Street

Dover, DE 19901

Note that caregivers are required not to have any conviction of an excluded felony offense. An excluded felony offense refers to:

• A violent crime defined in Section 4201(c) of Title 11 of the Delaware Code that was classified as a felony where the person was convicted; or
• A violation of a state or federal controlled substance law classified as a felony in the jurisdiction where the conviction occurred, not including:
  • An offense for which the sentence, including any probation term, incarceration, or supervised release, was completed 10 or more years earlier; or
  • An offense that consisted of conduct for the Delaware Medical Marijuana Act would have prevented a conviction, but the conduct occurred prior to July 1, 2011, or was prosecuted by an authority other than the State of Delaware

How Long Does it Take to Get a Delaware MMIC?

Upon submitting an application, the Office of Medical Marijuana will review it for completeness and correctness. Typically, the OMM reviews an MMJ card application within 45 calendar days of receiving the submission. Hence, it may take up to 7 weeks for the Office of Medical Marijuana to issue a Delaware medical marijuana card.

Getting a Delaware Medical Marijuana Card Online

The Office of Medical Marijuana in Delaware allows MMJ card applicants to complete their applications online. However, prior to registering and completing an application online, the applicant is advised to contact their physician to verify if the healthcare provider has signed up to participate in online application certifications. If the physician has not signed up to participate in online certifications, the applicant will be unable to complete their application online.

To initiate an application for a Delaware medical marijuana card, visit the OMM application portal and create an account. If you are a new user, select the "Registration" tab on the upper right-hand corner of your screen and input the required information into the provided fields. Subsequently, you can initiate an MMJ card application on your profile on the application system. You will be required to fill out the necessary form fields, submit the required documentation, and pay the non-refundable application fee. For a specific step-by-step guide to completing a Delaware medical marijuana card online, see the DHSS online application patient guide.

How Much Does a Medical Marijuana Card Cost in Delaware?

According to the Delaware medical marijuana program, it costs $50 to obtain a medical marijuana card. However, you will be required to pay a consultation fee at the clinic when you go for your medical marijuana certification. There is no standard fee for the consultation charge. Depending on the clinic and other factors, a healthcare provider may charge up to $200 for consultation. The application fee may be paid via a debit card online or a check or money order made payable to the State of Delaware.

How Do I Renew My Medical Marijuana Card In Delaware?

The renewal process for a Delaware medical marijuana card involves the same steps as the initial process for obtaining a medical marijuana card. To renew an MMJ card, you must obtain a new certification from your certifying provider, as the current certificate is valid only for the period over which the MMJ card is valid.

Renewal applications can be submitted up to 90 days before the expiration date of the current card. The application forms are the same as the initial application form and can be printed online. You may also complete a renewal application online.

What Documents Do I Need to Apply for a Medical Cannabis Card in Delaware?

The following items are required to complete an application for a Delaware medical marijuana card:

• Completed patient application form
• Completed and signed healthcare practitioner certification form
• Signed Release of medical information form
• Delaware driver's license or state-issued ID card

Are My Details Kept Confidential When I Apply for a Medical Marijuana Card in Delaware?

Medical marijuana patient information is confidential under the Delaware Medical Marijuana Act. Patient records under the state's medical marijuana program MPP are subject to applicable federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA). This means that your personal information, including your medical records, will not be disclosed to any individual, public, or private entity except where necessary for authorized employees of the DHSS to perform official tasks for the Medical Marijuana Program.

Per Section 4920A of the Delaware Medical Marijuana Act, the following information received and records maintained by the Delaware Department of Health and Social Services for purposes of administering the state's medical marijuana program are confidential and not subject to the Delaware Freedom of Information Act and or disclosure to any individual or public or private entity, except where necessary for authorized employees of the State of Delaware to perform official duties:

• Applications and renewals, the content of the application and renewals, and supporting information submitted by qualifying patients and their caregivers, including information related to their designated caregivers and healthcare practitioners
• The individual names and information identifying persons to whom the Department has issued MMJ cards

What Information Appears On A Delaware Medical Marijuana Card?

In Delaware, the information contained in a medical marijuana card includes:

• Patient name
• Patient's photograph
• Patient's ID number
• Patient's date of birth
• The medical marijuana card’s issuance date
• The medical marijuana card’s expiration date

Can Someone Track Me Down Through the Delaware Registry?

While the Delaware Department of Health and Social Services maintains a registry of medical marijuana patients, it is not publicly accessible. The DHSS only shares patient information with authorized personnel within the department who need it to perform their duties related to the medical marijuana program. They may also disclose patient information if it is required by law or court order or if they believe doing so is necessary to protect the safety or health of the patient or others.

Therefore, it is very difficult for someone to track a medical marijuana patient down through the Delaware medical marijuana patient registry as the DHSS takes strict measures to protect patient privacy, and they will only release patient information in minimal circumstances.