Updated on January 28, 2019.
Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Delaware Medical Marijuana Card
In order to be afforded legal protection of the Delaware Medical Marijuana law, qualified medical marijuana patients must register with the state patient registry and possess a valid identification card by submitting a marijuana card application to the Delaware Department of Health and Social Services.
On July 01, 2011, an affirmative defense went into effect, offering limited protection to qualified Delaware medical marijuana patients with a written certification from their physician, stating that they may “benefit from the therapeutic use of medical marijuana”, where the patient has a specified debilitating medical condition. The affirmative defense does not prevent an arrest or a prosecution, but it can be raised and proven in court to prevent a conviction. If all of the conditions are met, the prosecution is supposed to be dismissed.
The defense only applies if:
- The patient is in possession of no more than six ounces of marijuana and no plants.
- The patient possessed marijuana solely to treat or alleviate the patient’s serious or debilitating medical condition.
- The patient’s physician has stated that, “in the physician’s professional opinion, after having completed a full assessment of the individual’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marijuana to treat or alleviate the individual’s serious or debilitating medical condition or symptoms associated with the individual’s serious or debilitating medical condition” — *Find a certified medical marijuana physician in Delaware
- The patient was not doing any of the activities prohibited in §4904A of the law, such as driving under the influence of marijuana; possessing marijuana on school grounds, on a school bus, in a jail, or in a state-funded health care or treatment facility; or smoking marijuana in a public place or in any form of transportation.
Benefits of the Delaware Medical Marijuana Card
With a Delaware medical marijuana card, you’ll reap the following benefits:
- Medical Benefits – Marijuana is a wonder drug known to cure many ailments, but its excessive recreational use has made the substance illegal in many places. The medical marijuana card ensures you’re paired with a qualified physician who can teach you precisely how medical cannabis will help your medical condition and affect your overall health.
- Legal Protection – If you use marijuana without the medical marijuana card, you run the risk of breaking federal laws. Even if you use marijuana for medical reasons, you should use it under a prescription from a licensed practitioner. A Delaware medical marijuana card will provide you with legal protection under state laws.
- Ease of Availability – Even if you want to use marijuana for explicit medical reasons, you can have a hard time procuring your medicine without the proper credentials. The marijuana card simplifies the process of consulting a physician and getting the medicine you need.
- Access to Medical Marijuana Dispensaries – Another benefit of possessing the card is that you get access to various marijuana dispensaries in your area. The marijuana card is your ticket to use the various services of the marijuana dispensaries.
How We Help Patients
When you work with MarijuanaDoctors.com, you’ll find:
- Simple Online Booking – Patients can conveniently book appointments online. The process is easy and smooth. You can also connect with the marijuana dispensaries in your local area.
- Trustworthy Services – Our directory is not a “pay to play” platform. Patients are assured that only licensed doctors provide treatment. Plus, any information shared through our platform is completely secure per HIPPA-compliant best practices.
- Qualified and Licensed Doctors – We take it upon ourselves to provide our patients with the best medical advice. The doctors in our network are highly qualified and experienced. As a patient, you can be sure you’re in safe hands. Plus, with our large database of doctors, you’re sure to find a perfect match near you.
- Symptom Tracker – Our online symptom tracker helps you and your doctors understand the history and current requirements of your condition.
- Up-to-Date Developments –We keep our patients abreast of the latest developments in marijuana-related legislation and research. Let MD be your one-stop hub for all things marijuana.
How to Get a Medical Marijuana Card in Delaware
1. First, you need a signed Physician’s Statement from a physician, currently licensed to practice medicine in Delaware — *Find a certified medical marijuana physician in Delaware
2. To qualify, a patient needs to be diagnosed by a physician as having one of the following debilitating medical conditions that is specifically identified in the law:
- Cancer, HIV/AIDS, Decompensated Cirrhosis (may develop in patients with hepatitis C), amyotrophic lateral sclerosis, Crohn’s disease, autism, agitation of Alzheimer’s disease; or
- 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;
- severe nausea;
- severe and persistent muscle spasms, including but not limited to characteristics of multiple sclerosis.
- Post-traumatic stress disorder (PTSD)
- Terminal illness
- Or, any other medical condition or its treatment, as added by the Department.
3. Patients 18 years or younger — qualified by a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist — must be diagnosed with one of the following severe, debilitating, or life-threatening medical conditions:
- 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
4. Submit a copy of the medical marijuana recommendation, along with $125 application fee (applicants may be eligible for a reduced fee or sliding scale based on income) to the Delaware Department of Health and Social Services — for those patients on a fixed income, a sliding scale fee is available. The DHSS will issue the patient with an identification card, to be used for verification purposes of law enforcement and, acquiring medical marijuana from a state-licensed medical marijuana dispensary or caregiver.
Delaware Department of Health and Social Services
Division of Public Health
Website: Delaware Medical Marijuana Program
Pediatric patients and patients over the age of 18 can submit a paper application to the Delaware Health and Social Services.