How to Get a Delaware Medical Marijuana Card ? - November 07, 2021

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.

What Is the Process of Getting a Delaware Medical Marijuana Card

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:

  • Find a physician near you or online.
  • Receive consultation.
  • Get your medical marijuana recommendation.
  • Use your doctor’s recommendation to apply for a medical marijuana card with the Delaware Medical Marijuana Program.

Step 1: Get a Recommendation From a Certified MMJ Doctor

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:

  • The physician must have the license to practice medicine in Delaware.
  • The physician must be a Medical Doctor (MD), Doctor of Osteopathic Medicine (DO), Advanced Practice RN (APRN), or a Physician Assistant (PA).

Now, you can consult a licensed physician in two ways: in-person or virtually.

Visit a Physician

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.

Meet the Doctor Through Virtual Consultation

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:

  • Sign up on the website.
  • Fill up a pre-qualification form.
  • Have a video consultation.
  • Once approved, receive your recommendation by email.

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:

  • Make sure the doctor is licensed.
  • Read reviews and feedback.
  • Talk to the customer service executives and understand the process.

Did You Know?
There are about 11,213 estimated registered MMJ patients in Delaware.

Step 2: Register With the Delaware Medical Marijuana Program

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:

  • Complete your patient application here.
  • Read the application carefully to understand the requirements.
  • Attach the necessary paperwork (identity proof, residence proof, medical marijuana recommendation)
  • Pay the non-refundable fee of $50 to the State of Delaware.

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.

What Are the Qualifying Medical Conditions for a Delaware Medical Marijuana Card?

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:

  • Cancer
  • Terminal Illness
  • HIV/AIDS
  • Decompensated Cirrhosis
  • ALS
  • Lou Gehrig’s Disease
  • PTSD
  • Agitation of Alzheimer’s Disease
  • Glaucoma
  • Chronic Debilitating Migraine
  • Anxiety (CBD Rich Card Only)
  • Autism
  • Cachexia or Wasting Syndrome
  • Severe debilitating pain that’s not responding to surgery, medications, or treatments.
  • Intractable Nausea
  • Seizures
  • Severe or Persistent Muscle Spasms

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.

Also Read

Can Minors Apply for a Delaware Medical Marijuana Card?

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:

  • A pediatric neurologist
  • Pediatric gastroenterologist
  • Pediatric oncologist or
  • Pediatric palliative care specialist.

The pediatric specialist can write an MMJ recommendation for the minor if they have one of the following medical conditions:

  • Intractable epilepsy
  • Cachexia or wasting syndrome
  • Intractable nausea
  • Persistent and painful muscle spasms
  • Autism

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.

Who Can be a Designated Caregiver in Delaware?

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:

  • Must be a legal guardian or parent of the minor patient, or 21 years of age and older.
  • No conviction of an excluded offense.
  • Be a resident of Delaware and present proof of the same (Driver’s License or State ID).
  • A qualified MMJ patient can also apply as a designated caregiver of a minor.

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.

How Can Caregivers Apply With the Delaware Medical Marijuana Program?

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:

  • Obtain a State and Federal background check (valid for three years).
  • Complete the caregiver application for a registry card here. You can apply using the patient’s 10 digit registry number.
  • Apply online or mail the form to the Department of Delaware Division of Public Health.
  • Pay the non-refundable fee of $50. If you are submitting the form by mail, attach a check or money order of $50 with the application.

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.

How Much Does It Cost to Get a Medical Marijuana Card in Delaware?

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.

How Long Is a Delaware Medical Marijuana Card Valid?

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.

Overview of the Delaware Medical Marijuana Laws

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:

How Much Medical Cannabis Can You Possess at a Time?

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.

Can You Grow Medical Cannabis at Home in Delaware?

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.

Where Can You Use Medical Marijuana in Delaware?

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.

Where Can I Buy Medical Marijuana in DE?

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.

Selena Mora

A writer at heart and a sub-editor by habit, Selena Mora churns content for various online businesses. Her unique specialty is cannabis, and she has been following the industry for the past five years. She brings her writing personality, research, facts, SEO insights, and experience to the table. Besides cannabis, she also covers niches like travel, beauty, health, law, marketing, and literature. She is currently providing content solutions to Online CBD Store and other respected companies.

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