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Medical Marijuana Program

The Division of Public Health (DPH) has implemented Title 16, Ch 49A of the Delaware Code; the Delaware Medical Marijuana Act regulates the medical use of marijuana in Delaware. The State of Delaware has issued a license for the marijuana distribution center, known as a compassion center in Delaware, to First State Compassion Center (FSCC). The First State Compassion Center (37 Germay Drive, Wilmington, DE) opened in June 2015. The phone number is 302-543-2100 or you can learn more about FSCC at their Facebook page (https://www.facebook.com/firststatecompassioncenter) or website (http://firststatecompassion.com)

Physicians may authorize a patient to use marijuana to treat symptoms of cancer, multiple sclerosis, HIV and AIDS, Hepatitis C, Lou Gehrig's disease, Alzheimer's disease or the physical manifestations of post-traumatic stress disorder. Conditions that cause severe, debilitating pain, wasting syndrome, intractable nausea and seizures also fall under the state's medical marijuana law.

To address Federal Justice Department concerns, the regulations for the compassion center include tight security requirements, including around-the-clock video monitoring, financial accounting controls, random inspections, and requiring that center employees verify that patients are registered with the state before selling them marijuana. The center will only be allowed to cultivate up to 150 marijuana plants, and keep inventory of no more than 1,500 ounces of the drug.


Notice: Current Medical Marijuana Cardholders


The DPH Office of Medical Marijuana (OMM) began issuing second generation registry identification cards. If your card does not have a barcode on the back but the card is still active (ie: not expired), you need to exchange it for a barcoded card.

An OMM staff member will be at First State Compassion Center to exchange cards on Wednesday, July 29, 2015 from 10:00 a.m. until 2:00 p.m. If you are unable to pick up your new card on that date at FSCC in Wilmington, contact OMM at 302-744-4749 to arrange a time to pick up your new card from OMM in the Dover office.

First State Compassion Center will no longer be honoring first generation cards after July 31, 2015.

If you have submitted a renewal application to OMM, you will receive a letter in the mail letting you know if you have been approved. If approved, the letter will give you a date and time when you can come to our Dover office to get your picture taken for your renewal ID card which you will receive the same day. We are unable to give application status over the phone.

Senate Bill 90 - Rylie's Law


DPH is preparing to implement Senate Bill 90. The signed legislation is available under the additional links to the right. Regulations have been written and will be published in the August 2015 edition of the Register of Regulations.(http://regulations.delaware.gov/services/register.shtml)

This Act adds intractable epilepsy to the list of debilitating medical conditions for which a physician may supply a written certification for medical marijuana. It also allows a qualifying patient who is younger than 18 years of age to receive only medical marijuana oil [cannabidiol oil and THC-A oil].

Only a pediatric neurologist, a pediatric gastroenterologist, a pediatric oncologist, or a pediatric palliative care specialist may certify a patient 17 years old or younger for the Medical Marijuana Program.

The pediatric application is available in the links on the right of this page.



Petition to add Autism to the list of qualifying debilitating conditions


Petition

The Department of Health and Social Services is evaluating the merits of a petition for adding Autism with aggressive and/or self-injurious behaviors to the list of debilitating conditions as identified in the State of Delaware Medical Marijuana Code. The current list of qualifying conditions includes; cancer, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), decompensated cirrhosis (hepatitis C), amyotrophic lateral sclerosis (ALS or Lou Gehrig's Disease), post-traumatic stress disorder (PTSD), intractable epilepsy; and agitation of Alzheimer's disease or the treatment of these conditions. Additionally, the Code states a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects; intractable nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the petition must submit same to Jamie Mack by Monday October 5, 2015, at:

Jamie Mack
Division of Public Health
417 Federal Street
Dover, DE 19901
Email: jamie.mack@state.de.sus
Phone: 302-744-4951

A public hearing will be held on Thursday August 27, 2015 at 1:00 p.m. in the First Floor Conference Room located in the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.




Medical Marijuana Questions & Answers

FAQs for Patients



FAQs for Patients


Q: How do I apply for a medical marijuana card?

A: A patient who wishes to apply for the medical marijuana registry card program should go to the program's website and download the application documents. The patient application is a four-page, self-explanatory form that should be completed and signed by the patient. The physician certification is a two-page form that the patient’s Delaware-licensed physician should complete and sign. The release of medical information is a one-page form that is signed by the patient, allowing the Office of Medical Marijuana to contact the patient’s physician for the purpose of verifying the doctor/patient relationship and the validity of the physician’s signature on the Physician Certification form.

Patients must mail all three forms, along with the application fee of $125 and a copy of the patient’s Delaware state-issued driver’s license or identification card, to the Division of Public Health, Office of Medical Marijuana, 417 Federal Street, Suite 205, Dover, DE 19901.

The applicant’s approval or denial will be returned within 45 days of receiving a complete application. Incomplete applications will not be accepted. If approved, the applicant will be invited to the Division of Public Health’s Dover office to have a picture taken and be issued their registry card.

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Q: What are the qualifications for a patient to get a card?

A: The qualifications for a patient to receive a medical marijuana card include

  • being a resident of the state of Delaware;
  • possessing a current State of Delaware driver's license or identification card;
  • being 18 years of age or older;
  • being under the care of a physician currently licensed to practice in Delaware in accordance with 24 DEL.C. Chapters 17 and 19;
  • possess a physician's certification indicating a qualifying debilitating medical condition. “Debilitating medical condition” means one or more of the following:
    • cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (HIV and AIDs), decompensated cirrhosis (Hepatitis C), amyotrophic lateral sclerosis (Lou Gehrig’s disease), and agitation of Alzheimer’s disease or the treatment of these conditions. Post-traumatic stress disorder (PTSD) can qualify as a debilitating medical condition when it manifests itself in severe physical suffering, such as severe or chronic pain or severe nausea and vomiting, or otherwise severely impairs the patient’s physical ability to carry on the activities of daily living.
    • a chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

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Q: What medical conditions are covered by the program?

A: As mentioned above, cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (HIV and AIDs), decompensated cirrhosis (Hepatitis C), amyotrophic lateral sclerosis (Lou Gehrig’s disease), and agitation of Alzheimer’s disease or the treatment of these conditions. Post-traumatic stress disorder (PTSD) can qualify as a debilitating medical condition when it manifests itself in severe physical suffering, such as severe or chronic pain or severe nausea and vomiting, or otherwise severely impairs the patient’s physical ability to carry on the activities of daily living.

A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe, debilitating pain, that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis

If you have questions about obtaining a physician's certification or whether you may qualify, talk to your physician or medical specialist.

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Q: How much does it cost to get a medical marijuana card?

A: The base annual fee is $125 and is non-refundable.

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Q: What if I can't pay the application fee?

A: There is a sliding payment scale for patients who demonstrate financial need.

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Q: How long is the card valid?

A: One year from the month it was issued. As required by the law, patients must re-apply annually.

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Q: Where do I get the marijuana from?

A: The State currently recognizes properly permitted compassion centers as the only legal way to obtain marijuana.

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Q: Is my out of state medical marijuana card accepted in Delaware?

A: No, there are no reciprocity agreements with other states.

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Q: Can I have my out-of-state doctor certify me for the card program?

A: No, physicians must be currently licensed to practice in Delaware in accordance with 24 DEL.C. Chapters 17 and 19.

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Q: Does the program have a list of doctors that they can refer me to that will certify me for the program?

A: No, patients must discuss health-related decisions with their primary care physician or specialist as part of any determination that medical marijuana is the best medical choice for their treatment.

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How are we doing?  HSP is listening?

Additional Links

Patient Application
(includes Physician Certification)

__________

Pediatric Patient Application
(includes Physician Certification)

__________

Caregiver Application

__________

The Delaware Medical Marijuana Act

__________

Rylie's Law - Senate Bill 90

__________

State of Delaware Medical Marijuana Code

__________

Last Updated: Monday July 20 2015
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