Do you live in Delaware and are you looking to get certified for medical cannabis?
Delaware, aka the Diamond State, aka The First State, is more than just what’s depicted in The Simpsons and Wayne’s World. Delaware was the first state to ratify the Constitution of the United States, and for many years was a Presidential bellwether (i.e. Delaware’s voting patterns would be reflected in the nation’s voting patterns). There are also more corporations than people in Delaware, and the state’s geography, culture, and history combines elements of the Mid-Atlantic, Northeastern, and Southern regions of the country.
Of course, Delaware also has a medical marijuana program. Here’s more on how to get certified for MMJ in Delaware and get your medical marijuana card (sometimes also called the “compassionate use card”). You can get your medical certificate with Leafwell today.
Getting a Delaware Medical Marijuana Card Online
Telehealth/telemedicine is available in Delaware. Due to Covid, the state has relaxed laws requiring physicians and patients to have an established relationship so you can get certified today, with Leafwell.
In order to get a medical marijuana card online, just follow these steps:
Book an appointment with a certified physician here at Leafwell.
Attend your appointment and get a medical cannabis recommendation once approved. Those aged under 18 who are in need of a medical marijuana card will need 2 physicians’ recommendations and a caregiver.
Register with the Delaware Medical Marijuana Program. The state will contact your Leafwell physician to confirm your details.
Get your MMJ card and start shopping at a dispensary. It can take between 7 days (1 week) and 35 days (just over a month) to get a medical marijuana card issued, although they are usually issued within 14 days (2 weeks).
What Documents Do I Need to Apply for a DE Medical Marijuana Card?
You will need to provide proof of identification and residence. Only Delaware residents are eligible for the Delaware medical marijuana program.
You must also provide your medical records, and these will need to be uploaded to the state website. Photos of prescription bottles or prescription letters are not accepted in Delaware.
- Valid, unexpired Driver’s License
- Voter’s registration
- State-produced Identification Card
Acceptable proof of residency
- Utility bill
- Any correspondence with a state department
- Bank statement
- Mortgage or rental agreement
- Medication lists
- Treatment plans
- Progress or doctor’s notes
- Medical images such as X-rays, MRIs or ultrasound scans
- Lab or other test results
How Much Does a Delaware Medical Marijuana Certificate and Card Cost?
The physician’s fee and cost of certification with Leafwell is $149. The state fee is a separate $50.
How Much Cannabis can a Delaware Medical Marijuana Patient Possess?
Qualifying medical marijuana patients in Delaware may possess up to 6 ounces.
Can Delaware Patients Grow Their Own Medical Cannabis?
Unfortunately, it is not legal for Delaware patients to grow their own cannabis, even if they qualify for a medical marijuana card.
Which Conditions Qualify for a Medical Marijuana Card in Delaware?
Suffering from one or more of the following conditions can qualify you for medical cannabis in Delaware.
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (ALS, aka Lou Gehrig’s disease)
- Cachexia or wasting syndrome
- Conditions that cause seizures, including but not limited to epilepsy
- Crohn’s disease
- Decompensated cirrhosis (often a side-effect of Hepatitis C)
- Severe or debilitating pain
- Severe nausea
- Severe and persistent muscle spasms, such as those caused by multiple sclerosis (MS)
- Post-Traumatic Stress Disorder (PTSD)
- Terminal Illness
In Delaware, it is state law that you provide proof of your condition to a physician before they certify you. Leafwell cannot connect you to a licensed Delaware doctor until you have provided your medical records to us on our HIPAA secure telemedicine platform.
Minors may also qualify if they suffer from:
- 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
Minors are permitted to use medical cannabis when on school grounds.
How Old Do I Have to Be in Order to Get an MMJ Card in Delaware?
You must be aged 18 years or older in order to get a medical marijuana card for yourself. Those aged under 18 are considered minors, and will need a caregiver. Caregivers must be aged at least 21 years-old.
How Does a Caregiver Apply for a Medical Marijuana Card in Delaware?
Delaware medical marijuana caregivers must be 21 years of age or older, or be the parent or legal guardian of a minor child. Caregivers must not have been convicted of an excluded felony offense (that is, a Class A or B crime). The caregiver must have agreed to assist with a patient’s medical use of marijuana, and can assist no more than five qualifying patients. Caregivers must be a citizen of Delaware, and must provide ID (DE driver’s license or DE state ID) and proof of residency.
To become a Caregiver in Delaware, follow these steps:
1. Complete the Designated Caregiver Application
Complete the caregiver application in its entirety. You will need the patient’s 10-digit registry number to apply. If you plan to be a designated caregiver for multiple patients, you must complete an application for each patient. Applications can be completed online or forms can be printed here.
2. Complete the Patient Application
Complete the patient application in its entirety. You can apply online, or print a paper copy of the application. If you will require a caregiver, ensure that the caregiver completes a caregiver application. Information on how a caregiver can apply can be found here.
3. Pay the Application Fee
The fee is $125.00 and is non-refundable for all who apply. If you apply online, there will be a section for payment options. If you are mailing your application, please include a check or money order for $125.00, payable to the State of Delaware.
4. Submit Proof of Age and Residency
You must upload a copy of your Delaware-issued driver’s license or state-issued ID with your application. If you are mailing your application, send a clear photocopy of your Delaware issued driver’s license or State issued ID.
Mailed applications can be sent to:
Delaware Division of Public Health
Medical Marijuana Program, Suite 140
417 Federal Street
Dover, DE 19901
Does Delaware Have Medical Marijuana Reciprocity?
Delaware does not recognize other states’ medical marijuana certificates or cards at this time.
Are my Details Kept Confidential When I Apply for a Medical Marijuana Card?
Yes. Leafwell is committed to protecting the privacy of our patients. Our online service is HIPAA compliant and our systems are designed to keep all of your confidential details safe.
Delaware Medical Marijuana Dispensaries
12000 Old Vine Blvd Ste 102
Lewes, DE 19958
800 Ogletown Rd
Newark, DE 19711
36725 Bayside Outlet Dr Ste 760
Rehoboth Beach, DE 19971
200 S. DuPont Blvd
Smyrna, DE 19977
5606 Concord Pike
Wilmington, DE 19803
37 Germay Dr
Wilmington, DE 19804
Medical Marijuana Laws Delaware
“A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marijuana pursuant to this chapter, if the registered qualifying patient does not possess more than 6 ounces of usable marijuana.
A registered designated caregiver shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau:
(1) For assisting a registered qualifying patient to whom he or she is connected through the Department’s registration process with the medical use of marijuana if the designated caregiver does not possess more than 6 ounces of usable marijuana for each qualifying patient to whom he or she is connected through the Department’s registration process; and
(2) For receiving compensation for costs associated with assisting a registered qualifying patient’s medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the Department’s registration process.”
“No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.”
Cannabis is illegal for recreational use. Possession of 1 ounce or less has been decriminalized, and is considered a civil infraction that carries a $100 fine.
Smoking or using cannabis “in a moving vehicle, in public areas, or outdoors on private property within 10 feet [3 m] of a street, sidewalk or other area accessible to the public” is also a misdemeanor.
Brief History of Medical Marijuana in Delaware
2011 – Governor Jack Markell signed legislation allowing patients 18 and older with “certain serious or debilitating conditions” to use cannabis, and possess up to six ounces. Qualifying conditions include “cancer; Alzheimer’s disease; post-traumatic stress disorder; and conditions that cause intractable nausea, severe pain or seizures, among other illnesses.” The card must be renewed once a year.
2015 – Governor Markell signs legislation decriminalizing the possession of one ounce or less of marijuana by adults. Possession of cannabis by those aged under 21 is still considered illegal.
2017 – Legalization efforts and proposals are put under way for legalized recreational use of cannabis. State Representative Helene Keeley is one such figure who proposed recreational legalization, but this proposal failed to receive the number of votes required to pass.
2020 – State Representative Ed Osienski attempts to get a bill passed during the 2020 general assembly session, but fails due to a lack of votes and because of the COVID-19 pandemic.
2021 – Osienski re-works bill drafted in 2020 to introduce it during the 2021 Legislative Session. Some of those changes included adding a ‘social equity’ and micro business license, where Osienski states “they’ll get some additional help with applying and some reduction in fees.”