Delaware Medical Marijuana Laws
Delaware Health and Human Services Division of Medical Health
Office of Medical Marijuana (OMM)
To qualify to use and possess medical marijuana, you must apply and be approved for a medical marijuana card by the Office of Medical Marijuana. To do so, you must be 18 or older, be diagnosed with a qualifying medical condition, have a Physician Certification from a Delaware licensed Medical Doctor or Doctor of Osteopathic medicine, and be a Delaware resident with proof of residency such as a Delaware driver license or Delaware issued state ID. Pediatric patients must have parental consent to apply for the Delaware Medical Marijuana Program. If a patient requires a caregiver, that caregiver must complete a caregiver application from OMM. To begin the application process, patients must meet with an MMJ physician who can certify the qualifying condition. The MMJ doctor also must have a bona fide physician-patient relationship with the patient and must attest the patient is under his or her care either for primary care or for the medical condition. As part of the physician certification process, the MMJ doctor must complete an assessment of the patient’s current medical debilitating condition and diagnose or confirm a diagnosis conforming with Delaware Code. He or she must complete an assessment of the patient’s medical history which includes, if applicable, an assessment of medical records from other treating physicians for the qualifying condition, establish a medical record of the qualifying patient relating to the medical condition and attest that continued care will be provided under his or her supervision. A follow-up exam to evaluate the effectiveness of the cannabis treatment will be part of the process. In addition, the physician must assess if the patient has a history of substance use disorder and certify that in his or her professional opinion the patient with a qualifying medical condition is likely to receive therapeutic or palliative benefit from the use of medical marijuana to alleviate the qualifying condition or symptoms related thereto and the potential benefits of medical marijuana treatment would more than likely outweigh any health risks for the patient.
Yes
Patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Patients under the age of 21 are not permitted to consume herbal forms of cannabis. Inhaling herbal cannabis is not permitted by adults in the presence of a pregnant woman or a child age 14 or under. Dispensaries may not provide cannabis-infused food or drink products with more than 10mg of THC.
No
Yes
Yes. A “caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient’s medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department of Health. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time.
No
The Physician Certification is a part of the application for a medical marijuana card. MMJ physicians can register online at OMM to complete his or her portion of the application form for a patient’s online application. If your physician isn’t registered to accept online applications, you will need to complete the patient portion of the application via paper and provide that to your physician, so he or she may certify you through the paper application. The Physician Certification is valid for 90 days from the date he or she signs the certification. If you don’t submit your application within this time frame, you will be required to obtain another certification. On your application, you must sign the Release of Medical Information section on the form and provide a copy of your Delaware driver license or Delaware state-issued ID. You must also include a non-refundable application fee via check or money order made out to State of Delaware, MMP or complete a signed Low-Income Charge Request form with supporting documentation. Your Delaware medical marijuana card is valid for one year from the date of issue. When the card expires, you will be required to obtain another certification for the renewal process. It is suggested that you chronicle your medical marijuana product experiences, so you may determine which cannabis products work best for you. This will allow you to discuss the efficacy of these products with your MMJ doctor. National Medical Marijuana Card Services provides you with a journal to help you keep track of your medical marijuana treatment products. Log in and use it.
Find a licensed marijuana doctor nearby to get your recommendation for a medical marijuana card.
Marijuana DoctorsMedicinal marijuana and low-THC cannabis products are available in Delaware for qualified patients. Legal products are medical marijuana CBD, tinctures, capsules, vape products and flower, to name a few.
Find more information on the Delaware Medical Marijuana program, including approved medical conditions and steps to apply for a Delaware Medical Marijuana Program registry ID card.
Delaware Office of Medical Marijuana