Apply for a Medical Marijuana Card in Delaware

Delaware Medical Marijuana Card Qualifying Conditions

In Delaware, Senate Bill 17 made medical marijuana legal. However, you had to obtain a written certification from a physician who determined that you may “benefit from the therapeutic use of medicinal marijuana.”

These were the qualifying conditions for a DE medical marijuana card at the time:

Patient Qualifying Conditions

• Cancer
• Any terminal illness
• HIV/AIDS
• Alzheimer’s disease
• Multiple sclerosis
• ALS
• Decompensated cirrhosis
• Intractable nausea and seizures
• Conditions that cause severe pain
• Wasting syndrome
• PTSD
• Glaucoma
• Autism that causes aggressive or self-injurious behavior
• Chronic migraine

However, the passage of SB 24, which became law in September 2020, effectively eliminated qualifying conditions for adults and children. Healthcare professionals in Delaware can now use their judgment to recommend a MMJ card to a patient if they believe it will be a beneficial form of treatment. Furthermore, the bill also removed the requirement that medical marijuana be recommended only by specialists for pediatric patients.

General Guidelines

Next, we will outline how to renew your Delaware medical marijuana card and provide you with important information regarding caregiver rules.

Medical Marijuana Card Renewal in Delaware

A Delaware medical marijuana card is valid for one year after it is issued. To renew, you must resubmit the complete application packet, i.e., the Physician Certification Form, the Medical Release Form, and the $50 renewal fee. You can apply for a renewal up to 90 days before your card expires.

Caregiver Rules

You can appoint a designated caregiver to assist you with your medical marijuana needs. They must fill out a separate application, and they must meet the following requirements:

• Be aged 21 years old or older
• Have agreed to assist you in using marijuana for medical purposes
• They must not have a felony conviction

Those with a valid Delaware MMJ card can also act as a caregiver. Anyone wishing to be a caregiver must pay a non-refundable fee of $50. A background check is also performed, for which the caregiver must pay $65 in advance. Lastly, a caregiver can assist up to five patients in the state of Delaware.

History of Cannabis in Delaware

The original Delaware MMJ legislation was passed in May of 2011. Governor Jack Markell signed legislation allowing patients over the age of 18 who had a qualifying condition to possess up to 6 ounces of marijuana.

However, the state’s first MMJ clinic did not open until June 2015. Although efforts to fully legalize the substance have been unsuccessful, the state’s medical marijuana program has grown steadily in recent years.

While Delaware’s MMJ program has been a success, efforts to legalize recreational marijuana in The First State have ended in failure. For example, the Delaware General Assembly formally passed a bill on marijuana legalization implementation in May 2022. However, the bill was vetoed by the state’s governor, John Carney. The veto was upheld by the state House of Representatives the following month.

Eventually, though, Carney gave up his crusade and decided not to veto HB1, a bill to legalize recreational marijuana. Full legalization came into effect in April 2023. However, sales won’t begin until late 2024 at the earliest.

Delaware Medical Marijuana Laws and Rules

The state has decriminalized the possession of less than an ounce, so if you’re caught with a small amount of marijuana, you face a civil penalty charge and a possible $100 fine. Possession of more than one ounce but under 175 grams is a misdemeanor. If convicted, you could face a three-month prison sentence. More than 175 grams, and you’re facing a felony charge, and if convicted, a prison sentence of up to three years is possible.

Finally, be aware that the illegal cultivation or sale of marijuana in Delaware in any amount is a felony and you could face up to eight years in prison if convicted.

What Types of Cannabis Can I Purchase in Delaware?

Patients in Delaware can obtain MMJ in any form. Dry cannabis flower, pre-rolls, vapes, tinctures, and edibles are all examples of what you can get with a Delaware MMJ card.

How Much Cannabis Can I Buy and Possess?

You can buy and possess up to three ounces of cannabis every 14 days if you have a valid Delaware MMJ card. This equates to six ounces per month.

Where can I Legally Purchase MMJ in Delaware?

For many years, only these three companies sold marijuana in Delaware: First State Compassion, Columbia Card, and Fresh Cannabis. The state has also granted licenses to the following businesses:

• CannaTech Research
• EzyCure
• Valor Craft Cannabis Co.

However, only EzyCure has a dispensary, The Farm, in Felton. This brings the total number of Compassion Centers in Delaware to seven, with the others located in:

• Wilmington x 2
• Smyrna
• Lewes
• Newark
• Rehoboth Beach

All registered “Compassion Centers” in Delaware are required by law to operate on a non-profit basis. These facilities cannot provide you with more than three ounces of cannabis in 14 days. If you are a registered medical marijuana user in Delaware, you must choose and stick with one dispensary.

Can I Take my MMJ to a Different State?

No. Marijuana remains federally illegal under the Controlled Substances Act. It is thus unlawful to travel across state lines with marijuana in your possession.