Is It Easy to Get A Medical Marijuana Card in Delaware?

In May of 2011, the governor of Delaware signed Senate Bill Number 17 into law. The bill allows for persons 18 years and older to get a medical marijuana card with the recommendation of an accredited doctor. Those credited doctors are not so easy to find. In Delaware, a patient and doctor need to have a relationship to be able to get the correct paperwork and have it filled out correctly.

Patients who qualify for medical marijuana must have written documentation from their qualified doctor sent to the Department of Health and Social Services. From there, a card will be issued as a special I.D. card. This is a mandatory card that all people who have been approved of for medical marijuana must carry. If a person does not have this card, they will have to provide defense for themselves if they are caught with marijuana in their possession.

To be able to get a medical doctor to approve of your paperwork, you also be diagnosed with one of the following conditions:

  • Cancer
  • HIV/AIDS.
  • Decompensated Cirrhosis.
  • ALS
  • Alzheimer’s disease.
  • Post-traumatic stress disorder.
  • A medical condition that produces wasting syndrome (cachexia).
  • Severe debilitating pain that has not responded to other treatments for three months.
  • Other conditions producing severe nausea
  • Seizure or severe muscle spasms (including but not limited to those related to multiple sclerosis).

In addition to only allowable conditions being eligible for medical marijuana treatment; patients must register with a state-licensed, not-for-profit compassion center. They will cover the patient’s treatment and dispense no more than 3 ounces of marijuana in any 14-day period.

It is not easy for even those who are legally approved to get medical marijuana. In the State of Delaware, it is tightly regulated to the point where you are not allowed to visit any other dispensary other than the one you registered at to get your medical marijuana and while these small amounts have been declassified as allowable for Delaware Medical Marijuana identification holders, even they will suffer the felony charges if they are caught with more than 1 oz on their person and a potential 3 month prison stay and fine of $100.

If you have been diagnosed with one of the above conditions and you wish to apply for the medical marijuana card then you must:

  • Have a state-licensed physician complete the 2-page Physician Certification Form which in on page 5 of the Medical Marijuana Patient Application Packet dhss.delaware.gov/dhss/dph/hsp/files/mmppatientapplication.pdf
  • Complete the entire Medical Marijuana Patient Application Packet
  • Pay the $125 application fee
  • Mail the Completed packet to the below address:

Delaware Division of Public Health, Medical Marijuana Program
ATTN: MMP, Suite 130
417 Federal Street Dover, DE 19901

You also must be a resident of the State of Delaware for a minimum of 30 days and be able to prove proof of residency. Applicants can be under the age of 18, but their parents must fill out a separate children’s edition of the Medical Marijuana Patient Application Packet and have their child’s pediatric specialist fill out the physician’s section.

If your doctor does not want to authorize medical marijuana use, there are doctors who can authorize your treatment. They can mostly be found attached to Customer Care Center dispensaries. Your primary care physician is under no obligation to recommend you for medical marijuana use even if you do have one of the allowable conditions.

Once your application is completed and mailed, the Delaware Health and Social Services department will either approve or deny your application within 45 calendar days. If anything in the application is missing or incomplete than it will be denied. If your application is denied, you must wait a minimum of six months before you can reapply. Everything has to be done in accordance with the Delaware marijuana laws.

In addition to how difficult it is to get a medical marijuana card, there are only three state-licensed marijuana dispensaries in Delaware (one in each county) that you are allowed to use. You will be required to register at one of the three. Those three are:

  1. Columbia Care Delaware | 200 S Dupont Blvd, Smyrna, DE 19977 // (302) 297-8614
  2. First State Compassion Center | 37 Germay Dr, Wilmington, DE 19804 // (302) 543-2100
  3. First State Compassion Center | 12000 Old Vine Blvd Bldg. 4D 102, Lewes, DE 19958 // (302) 281-4888

While it is not impossible to get a medical marijuana card in the State of Delaware, it is extremely difficult. There are many things you need to do to get the license. If anything is not correct or completely filled out your application will be denied. You will also have to wait six months before you can try again to get approved for your medical marijuana. It is up to you to be on top of your paperwork.

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Meghan Thompson

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