- 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 from the date of issue.
- 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 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
- 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 physician 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 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?
- A registry card holder can contact the Medical Marijuana Program at 302-744-4749 for a replacement card. There is a $20 replacement fee for cards.
- 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.
- What are the qualifying conditions?
- Terminal Illness
- Positive status for Human Immunodeficiency Virus (HIV Positive)
- Acquired Immune Deficiency Syndrome (AIDS)
- Decompensated Cirrhosis
- Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
- Agitation of Alzheimer’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Autism with aggressive behavior
- Chronic Debilitating Migraine
- 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 measure for more than three months, or for which other treatment options produced serious side effects.
- Intractable Nausea
- Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis.
- Can other medical conditions be added to the list?
- Any citizen may petition the Department to add conditions or treatments to the list of debilitating medical conditions. This is accomplished by petitioning the Department for consideration of an illness. Click here for petition information.
- I have one of the debilitating medical conditions, am I automatically a qualified patient?
- Official written certification must be obtained from a Delaware licensed physician and submitted with the application.
- Which medical physicians can certify me for medical marijuana?
- Your physician MUST be licensed to practice in Delaware and be a MD (Medical Doctor) or DO (Doctor of Osteopathic medicine). The physician 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 physicians who will certify me for the Medical Marijuana Program?
- The Medical Marijuana Program is not authorized to give out physician information. Ideally, the physician that you normally see for your condition should be the one certifying you for the program.
- My physician will not certify me for the program. Are they required to complete the written certification if I have a debilitating condition?
- No. Physicians are not required to certify patients.
- When does the physician certification expire?
- The physician certification and completed application must be to the Medical Marijuana Program within 90 days of the physician’s signature.
- 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.
- 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.
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