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Medical Marijuana was legalized in the state of Delaware in July of 2011, under the Delaware Medical Marijuana Act (DMMA, Title 16 Ch. 49A). The then state Governor Jack Markell signed the act paving way for patients to purchase and consume medical cannabis. The DMMA was a step towards removing all criminal sanctions against using cannabis in the state for medical reasons and also legalizing recommended use of the herb by medical patients.
While medical marijuana is legal in Delaware, there are no provisions for recreational cannabis use yet. Even with the decriminalization of possession of 1 ounce of the herb, you may attract a fine.
In order to avail of DMMA benefits, you need to get a Delaware Medical Marijuana Card. This guide will help you understand each step in detail.
To get a Delaware medical marijuana card, you need to consult a licensed physician and get approved for the same. Here’s a step by step process of applying for an MMJ card:
The first step of becoming a legal MMJ patient in Delaware is to get a recommendation from a state-registered physician. As per the medical marijuana laws of the state, only recommended use of cannabis is allowed to medical patients. And only a licensed physician has the authority to provide this recommendation.
The purpose of a doctor’s evaluation is to ensure that all patients using medical marijuana are qualified as per the list of approved medical conditions while using it with proper restrictions in place.
Qualifications of the Physician
A medical marijuana card in Delaware will be considered valid only when it is issued by a physician who fulfills the following requirements:
Now, you can consult a licensed physician in two ways: in-person or virtually.
If you have a family doctor or someone you have been visiting in relation to your medical condition, you can request them to write you an MMJ recommendation. Make sure the doctor fits the qualification requirements of the state. You can also call in and make an appointment with a doctor near you who is ready to write a recommendation.
If visiting a clinic is not an option for you, you can get your recommendation from a doctor virtually. With the help of telemedicine, several doctors provide medical services online. So, you can use your laptop or phone to connect with a doctor and get approved for a medical marijuana card. The process is simple:
If you opt for the online option, it is extremely important to find a provider that is legit. Do thorough research before settling for an online clinic. You can use the following tips to find a legit medical marijuana clinic:
Did You Know?
There are about 11,213 estimated registered MMJ patients in Delaware.
The next step after getting a recommendation is to register with the Delaware Medical Marijuana Program. This allows you to get a state-issued medical marijuana card which gives you the legal security to buy and use cannabis in the state.
NOTE: You must register with the Delaware Medical Marijuana Program within 90 days of receiving your MMJ recommendation.
Follow these steps to register with the Delaware Medical Marijuana Program:
You can also submit the application in person. Download the form from the website and print it. Attach the documents and a check or money order of $50. Mail the form to the department at the following address:
Delaware Division of Public Health
Medical Marijuana Program
417 Federal St., Suite 140
Dover, DE 19901
The department will review your application and approve or deny it within 45 calendar days of your receipt. The department will not process your application if it is incomplete. In this case, your form will be returned with all the instructions for re-submission.
The Delaware Medical Marijuana Act legalized medical cannabis in the state but with certain restrictions. Besides being a resident of the state and being of legal age, a patient qualifies for a medical marijuana card only if they suffer from state-approved medical conditions.
The Adult Patient Qualifying Conditions of Delaware are as follows:
NOTE: A CBD Rich Card is a result of Senate Bill 170. The law creates a new type of registration card for patients to access high CBD medical marijuana products at state-licensed dispensaries.
Yes, minors can apply for a medical marijuana card in Delaware. However, the requirements for a minor patient’s application are slightly different than an adult patient’s requirements.
All patients younger than 18 years of age must get evaluated by a licensed physician who is:
The pediatric specialist can write an MMJ recommendation for the minor if they have one of the following medical conditions:
NOTE: Adolescent patients can use and possess medical marijuana products containing less than 7 percent THC or 15 percent THC acid and at least 15 percent CBD.
All minor MMJ patients must have a designated caregiver who will be responsible to obtain medical marijuana products from a compassionate center on behalf of the patient. Designated caregivers also have the authority to assist the minor in administering medical cannabis.
In order to become a caregiver of a minor, you must fulfill the following requirements:
A designated caregiver can have a maximum of 5 patients only. In case you are applying to be a designated caregiver of multiple patients, you need to fill in the application for each patient separately. A qualified MMJ patient can also apply as a designated caregiver of a minor.
All caregivers must apply with the state medical marijuana program in order to buy and administer medical marijuana to a minor patient. Here’s how you can begin the application process:
A designated caregiver can have a maximum of 5 patients only. In case you are applying to be a designated caregiver of multiple patients, you need to fill in the application for each patient separately.
After approval, caregivers can buy up to 3 ounces of medical marijuana on behalf of their minor patient.
It costs $50 only to apply for a medical marijuana card in Delaware. The fee is non-refundable and can be paid online or by check/money order. The Delaware Medical Marijuana Program lowers the application fee to $25 for those with a gross household income at or below 138%. You must fill in and submit the fee waiver request form to the Department to avail the lower fee.
In case your card is lost, stolen, damaged, or needs some change, you will have to pay a $20 replacement fee to the Medical Marijuana Program Office.
The cost of getting a medical marijuana recommendation varies from one health provider to another. At Online Medical Card, you can consult licensed doctors in Delaware and receive your recommendation for $199.
A Delaware Medical Marijuana Card is valid for a period of 12 months only. You can check the date of issuance and expiration on the card and apply for a renewal 30 days prior to the expiration date.
You can complete the renewal process of a Delaware medical marijuana card online or by mail, similar to a new patient application.
You must also have a valid MMJ recommendation to apply for a renewal. A recommendation is valid for one year only. In case your recommendation has passed its expiration date, you need to renew your recommendation too before applying under the state medical marijuana program.
Before you apply for a medical marijuana card in Delaware, you need to understand the rules and regulations to avoid any legal complications. Let’s understand a few of them:
All medical marijuana patients with a legit medical marijuana card can legally possess six ounces of medical marijuana every month or three ounces of usable marijuana every 14 days.
Recreational marijuana is not legal in the state. Though possession of 1 ounce of cannabis is decriminalized, it can attract a hefty fine of up to $100.
All medical cannabis products must be bought from registered compassion centers or dispensaries only.
No, you cannot grow medical cannabis at home in Delaware. Any medical patient, caregiver, or adult found growing cannabis within state boundaries may face legal complications.
The law prohibits the use of medical marijuana in any public space or area where smoking is restricted. You cannot use it on a school bus, on the grounds of a preschool, primary, secondary school. Using it in any correctional facility funded by the Department is prohibited.
Public consumption of marijuana is categorized as an unclassified misdemeanor and attracts a fine of not more than $200 or imprisonment of five days or less. Driving under the influence of marijuana is illegal in the state. A person found guilty of the same will be charged with a DUI.
You can buy medical marijuana in DE from state-registered compassionate centers only. These are legally bound to operate on a not-for-profit basis. So, all-compassionate centers will provide you with a limited amount at a time only.