How To Get A Medical Marijuana Card in Delaware 2021

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In Growing Marijuana in Delaware – DE Cannabis State Laws (2021) we gave a brief overview on how Delaware residents can apply to their state’s medical marijuana program. Recreational marijuana is illegal but decriminalized in the First State which is why patients who need medical cannabis still need to register for a medical marijuana card.

Overview of Medical Marijuana in Delaware

In May 2011, Gov. Jack Markell signed into law the Delaware Medical Marijuana Act which eliminated criminal sanctions for the compassionate, doctor-recommended use of medical cannabis and protects patients who are registered in the program from arrest.

You can read up on the rules here: CHAPTER 49A. The Delaware Medical Marijuana Act.

Delaware’s medical marijuana law allows registered patients to possess up to 6 ounces and purchase up to 3 ounces from a compassion center every 14 days. Home cultivation of any kind is still not allowed in the state. 

Adult Patient Qualifying Conditions

  • Terminal illness
  • Cancer
  • Positive status for Human Immunodeficiency Virus (HIV Positive)
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Decompensated cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS / 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 measure for more than three months, or for which other treatment options produced serious side effects.
    • Intractable nausea
    • Seizures
    • Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis

Minor Patient Qualifying Conditions

  • Intractable epilepsy
  • A chronic or debilitating disease or medical condition where they have failed treatment 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

Even patients under 18 afflicted with a condition who need medical marijuana can register for the program, as long as they do so with the help of their parents or legal guardians. Minor patients also need to get the recommendation from a physician who is a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist.

If your condition is not on the list above, you can submit a petition for it to be added to the list of qualifying conditions to the Department of Health and Social Services. You can see recently approved petitions on this page

Caregivers

Patients under 18, or those who are too ill to provide care for themselves can have a designated caregiver. The applicant should be: 

  • Delaware resident at least 21 years old 
  • Has not been convicted of an excluded felony offense
  • Assists no more than 5 patients

Why should you get a medical marijuana card in Delaware?

Since recreational marijuana is still illegal in Delaware, getting into the state’s medical marijuana program is the only way adult patients and those under 18 can legally use marijuana for their debilitating conditions. A Delaware Medical Marijuana Registry (MMR) card will also allow the holder to purchase and possess cannabis in certain states.

How to get a medical marijuana card in Delaware

The process of applying to Delaware’s medical marijuana program is fairly simple and can be done online or submitted via mail. A medical marijuana card in Delaware costs $50 and this fee can further be reduced to $25 for applicants with low income. To apply for a fee reduction, simply fill up and submit this form with your application.

For patients

  1. Get a certification for medical marijuana from a physician, either MD or DO, licensed to practice in Delaware.
  2. Fill up the Medical Marijuana Patient Application form. Patients 17 and under have to fill out the Pediatric Patient form.
  3. Include a copy of proof of age and residency. This can be a Delaware issued driver’s license or State issued ID. Those who will be mailing their application have to send a clear photocopy of these documents.
  4. Pay the non-refundable fee of $50 or $25 for low income applicants. Those who will be mailing in their application have to include a check or money order payable to the State of Delaware

For caregivers

  1. Secure the following requirements:
    1. A copy of your Delaware Driver’s License or state-issue ID.
    2. The receipt from the Delaware’s State Bureau of Identification (SBI) for a statewide and federal criminal history background check. 
  2. Complete the Medical Marijuana Caregiver Application form and provide the patient’s 10-digit registry number.

If you want to submit via US mail, you can send your completed forms and requirements to this address: 

Delaware Division of Public Health
Medical Marijuana Program, Suite 140
417 Federal Street
Dover, DE 19901

Approvals may take up to 45 calendar days upon receipt of a completed application. Delaware medical marijuana cards are valid for one year after approval and renewals cost the same as initial applications.

Frequently Asked Questions on Getting a Delaware Medical Marijuana Card

Why do I need to medical marijuana card?

Residents of Delaware have to get a marijuana card if they want to legally possess, purchase, and grow cannabis. It is the only way minors in the state can legally medicate with cannabis.

Who is eligible for medical marijuana card?

Patients in Delaware with at least one of the qualifying conditions below are eligible for a medical marijuana card:

Adult Patient Qualifying Conditions
Terminal illness
Cancer
Positive status for Human Immunodeficiency Virus (HIV Positive)
Acquired Immune Deficiency Syndrome (AIDS)
Decompensated cirrhosis
Amyotrophic Lateral Sclerosis (ALS / 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 measure for more than three months, or for which other treatment options produced serious side effects.
– Intractable nausea
– Seizures
– Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis

Minor Patient Qualifying Conditions
Intractable epilepsy
A chronic or debilitating disease or medical condition where they have failed treatment 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

Why would I want a medical marijuana card?

Patients need to apply for a medical marijuana card in Delaware if they have a qualifying condition they need marijuana medication for. It is the only way a patient will be able to legally buy and use cannabis.

How long does the process take?

If you submit your application for a Delaware medical marijuana card online, it will take up to 45 calendar days for it to be approved.

How much does it cost to obtain a medical marijuana card?

The cost of a medical marijuana card in Delaware is only $50 and this fee can still be waived down to $25 if you can submit proof of low income. 

How many plants can I grow with medical marijuana card?

Home cultivation is still not allow in Delaware even for medical marijuana patients.

How much marijuana can I keep with medical marijuana card?

Patients registered in Delaware’s medical marijuana program may possess up to 6 ounces of cannabis.

Conclusion

If you’re a patient with a qualifying condition in Delaware, it is definitely worth getting a medical marijuana card since it is the only way you’ll be able to buy and use cannabis legally in the state. The cost of getting one, which is $50 to $25, is fairly cheap as well compared to other states. Furthermore, getting an MMR card is the only choice for patients in Delaware since recreational marijuana is unlikely to be available in the state in the next few years.

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