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Frequently Asked Questions


General Questions:

  • Where can I read the Medical Marijuana Law, Title 16, Ch 49A?
    • The medical marijuana law can be found here.
  • Where can I read the Medical Marijuana Regulations?
    • The medical marijuana regulations can be found here.
  • How long is my ID card valid?
    • ​Your registry ID card from the Medical Marijuana Program will be valid for one year/$50, two year/$75 or three years/$100 from the date of issue, depending on what duration the patient selects.
  • How long is my ID card valid for if I have a terminal illness?
    • Patients who submit a patient application that have a diagnosed terminal illness must be  certified by a Health Care Practitioner.  These patients will receive a registry ID card with an indefinite expiration date
  • I live in another state and have one of the eligible debilitating medical conditions. Can I apply for the program?
    • No. Only Delaware residents can apply for the Delaware Medical Marijuana Program.
  • Is my confidentiality protected when I apply and if I am approved for the use of medical marijuana?
    • Yes. The following information received and records kept by the Delaware Department of Health Medical Marijuana Program are subject to all applicable federal privacy laws. These records are confidential, are exempt from the Freedom of Information Act and are not subject to disclosure to any individual, public or private entity, except as necessary for authorized employees of the department to perform official duties for the Medical Marijuana Program.
      • Applications or renewals, their contents and supporting information submitted by patients and caregivers.
      • The individual name and other information identifying the person to whom the Delaware Division of Public Health Medical Marijuana Program has issued registry identifications cards.
  • Can I use medical marijuana anywhere in Delaware?
    • No. Marijuana use is not authorized on a school bus, the grounds of any preschool primary or secondary school or any correctional facility to include any health care treatment facility operated by the Department or funded contractually through the Department. Marijuana use is also not authorized in any form of transportation or in any public place. Click here for the Protections and Limitations of applicants registered in the Medical Marijuana Program.
  • How do I file a complaint against a Compassion Center?
    • The Department will accept all complaints filed against facilities involving alleged violations of Chapter 49A: The Delaware Medical Marijuana Act and Delaware Administrative Code 4470, State of Delaware Medical Marijuana Code. The Department will then determine if the nature of the complaint is within the scope of its guidelines. You can file a complaint electronically on this form.

Application questions:

  • How do I apply for the Medical Marijuana Program?
    • Applications may be completed online here.
    • The medical marijuana application process has been made easy as possible for individuals to complete. The application lists the requirements. READ THE APPLICATION CAREFULLY.
    • Applicants may submit their applications using the Department’s website or applications may be printed from the website here and mailed into the department. If requested, the department will mail or email an application to you.
    • If you choose to submit a paper application, completed applications can be mailed to:
    • Delaware Division of Public Health
      Medical Marijuana Program
      417 Federal St., Suite 140
      Dover, DE 19901
  • What is the process for patients aged 65 or older to self-certify?
    • Patients aged 65 or older now have two options for submitting their patient application.  Patients can complete the medical marijuana application and have it signed by their Health Care Practitioner if they wish or complete the medical marijuana application and submit WITHOUT their Health Care Practitioner written certification.  Patients must still complete the entire application and identify their medical condition to include, submitting a copy of their Delaware driver license or state issued ID.  
  • How long does it take to process an application once I submit all of the paperwork?
    • Upon verification of the information contained in an application submitted, the Department shall approve or deny a complete application within 45 calendar days of receipt.
  • Will the Medical Marijuana Program verify my written certification with my doctor?
    • Yes. The Medical Marijuana Program will contact the health care practitioner that provided the written certification.
  • What happens if my application is incomplete?
    • The Medical Marijuana Program will not process an application unless it is complete. Your application will be returned with instructions for resubmission.
  • How do I renew my Medical Marijuana card?
    The renewal process is exactly the same to include the cost of the application fee as when you first applied to the Medical Marijuana Program.
    • Applications may be completed online here. Please contact your health care practitioner and ask if they are enrolled in the Program to participate in the online application submissions.
    • Applicants may submit their renewal applications up to 90 days prior to your expiration date. Applications may be printed from the website here and mailed into the department. If requested, the department will mail or email an application to you.
    • If you choose to submit a paper application, completed applications can be mailed to:
    • Delaware Division of Public Health
      Medical Marijuana Program
      417 Federal St., Suite 140
      Dover, DE 19901

ID Card questions:

  • How do I get a Medical Marijuana Card?
    • Complete the online or paper application and submit for review. Those applications meeting all of the required qualifications will be issued a Delaware Medical Marijuana Card.
  • If my ID card is lost, stolen, damaged, or I need to change my name, what do I do and is there a fee to replace the card?
    • There is a $20.00 replacement fee for cards. In order to obtain your replacement card you can mail a request for a replacement card with the $20.00 fee to the below address. If you have any further questions you can contact the program. If you have any further questions you can contact the program.
    • Medical Marijuana Program 417 Federal St. Dover, DE 19901
  • I received my registry card, but my name is misspelled (or has other incorrect information). What do I do?
    • Contact the Medical Marijuana Program as soon as possible. The Medical Marijuana Program staff will send you a corrected registry card at no charge.
  • If my registry card expired and I did not submit my renewal application, am I still eligible to purchase medical marijuana?
    • No. When your card expires, the legal protection offered by the Delaware Medical Marijuana Act is expired. You may still submit a renewal application.

Questions about medical conditions:

  • What are the qualifying conditions?

    • Recently the debilitating medical condition list has been removed.  The removal of the list allows Health Care Practitioners to decide if the patient has a diagnosed medical condition for which they believe would receive therapeutic or palliative benefit from the use of marijuana.

  • Now that the approved debilitating condition list has been removed, what conditions do I certify my patients for?
    • The removal of the debilitating medical condition list allows for health care providers to decide if the patient has a diagnosed medical condition for which they would receive therapeutic or palliative benefit from the use of marijuana.

Questions about Health Care Practitioners:

  • Which medical health care practitioner can certify me for medical marijuana?
    • Your health care practitioner MUST be licensed to practice in Delaware and be a MD (Medical Doctor) or DO (Doctor of Osteopathic medicine) APRN (Advanced Practice RN), or PA (Physician Assistant). The health care practitioner must also have a bona fide relationship with the patient they are certifying for medical marijuana.
  • Can the program give me a list of medical health care practitioners who will certify me for the Medical Marijuana Program?
    • The Medical Marijuana Program is not authorized to give out health care practitioner information. Ideally, the health care practitioner that you normally see for your condition should be the one certifying you for the program.
  • My health care practitioner will not certify me for the program. Are they required to complete the written certification if I have a debilitating condition?
    • No. Health care practitioners are not required to certify patients.
  • Now that the approved debilitating condition list has been removed, what conditions do I certify my patients for?
    • The removal of the debilitating medical condition list allows for health care providers to decide if the patient has a diagnosed medical condition for which they would receive therapeutic or palliative benefit from the use of marijuana.
  • When does the health care practitioner certification expire?
    • The health care practitioner certification and completed application must be to the Medical Marijuana Program within 90 days of the health care practitioner's signature.

Dispensary questions:

  • Do I have to buy my marijuana from one of the dispensaries?
    • Yes. To be protected under the Delaware Medical Marijuana Act, your marijuana must be labeled from one of the authorized dispensaries.
  • Can I grow my own marijuana?
    • No. Patients and caregivers are not authorized to grow or cultivate marijuana.
  • How much medical marijuana may I possess as a registered patient?
    • Patients are authorized to purchase three ounces of usable marijuana every 14 days, for a total of six ounces per month.
  • Will my insurance or Medicaid pay for my marijuana?
    • Contact your insurance provider or Medicaid official for an answer.
  • I have a medical marijuana card from another state, can I purchase marijuana from a dispensary in Delaware?
    • Yes, out of state medical marijuana patients can make purchases from Delaware medical marijuana dispensaries.  
    • When you arrive at a Delaware dispensary, the dispensary staff will give you a QR code to scan, which will take you to a web page to complete the out of state application.  You will be required to upload a picture of your state driver license and current medical marijuana ID card, to include making a payment.  Once completed, you will immediately receive a link to download your out of state ID card which will allow you to make a purchase.  Your new out of state ID card will have the same expiration date as your current state medical marijuana ID card. Go to https://delaware.biotrackthc.net/patients/actions/?action=application.

Designated caregiver questions:

  • What is a designated caregiver?
    • A designated caregiver is a person who is selected by a qualifying patient as the person authorized, on the patients behalf, to possess, obtain from an authorized dispensary, dispense and assist in the administration of medical marijuana. Caregivers must apply for a registry card and obtain a State and Federal background check which is good for three years. A caregiver is issued an identification card which allows them to purchase up to three ounces of medical marijuana on behalf of their patient. It is not legal for caregivers to consume medical marijuana.
  • How do I apply to be a designated caregiver?
    • Complete the designated caregiver application here, or print a copy here to be mailed in.
  • Do I need a caregiver card to purchase medical marijuana for my child?
    • Yes. Qualified pediatric patients under the age of 18 cannot purchase medical marijuana from the dispensary. The parent or legal guardian will get a Responsible Party ID card which will authorize them to purchase medical marijuana for their child.
  • Can a caregiver have more than one patient?
    • Yes. A caregiver may have up to five patients and will be required to have an ID for each patient.
  • Can a caregiver also be a registered qualifying patient?
    • Yes. A caregiver may be a registered qualifying patient.
Additional Links
 

Medical Marijuana Program Home Page

Office Location

Contact the Program
By Phone
By E-Mail



Application Forms

Patient

Pediatric Patient

Caregiver

Fee Waiver Request

Pediatric Responsible Party Form

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