The consumption of recreational marijuana in the state of Delaware is still illegal. Although, there’s still hope in the form of HB 110. The goal of the bill is to legalize, taxation, and regulate marijuana for adults aging 21+. The bills passed the Finance Committee and House Revenue in 2019. At the moment of writing, the bill is unsettled action in the House Appropriations Committee. There is a Medical Marijuana Program in Delaware, although those who obtain a valid medical marijuana Delaware ID card are permitted to use, purchase, and possess. The original Delaware medical marijuana legislation dates back to 2011 in May. Governor Jack Markell signed a bill permitting patients aged 18 and above with particular medical issues to possess up to 6 ounces of marijuana.
The possession of medical marijuana in Delaware would allow at least 1 ounce because it is now legal. It is classified as a “civil penalty” with a fine of $100. Having over 1 ounce but at least 175 grams, although, is a crime. You can receive a 2-month prison sentence if you would be convicted. Over 175 grams and you’re crossing the line into crime. There is possible imprisonment for up to 3 years. So, those who wish to use medical cannabis in Delaware must start the Delaware medical marijuana application process as fast as you could. You don’t have to panic about the penalties of illegal cannabis possession if you already get a medical cannabis Delaware card and obey the rules.
Delaware Medical Marijuana Program: Information
- The patients must be 18 years old and above. If under 18 years old, the patient must get parental consent.
- The patients must be a resident of Delaware and must provide proof of residency with a valid State-issued ID card or Driver’s license.
- The patient should be checked by a certified physician.
- The patient should be diagnosed with a Qualifying medical condition.
- The patient should register in the Delaware Medical Marijuana Program Patient Registry.
- The patient must submit their application for the Medical Marijuana Delaware Card after enrolling.
- Patients would be notified and the Medical Marijuana Delaware Card would be mailed to the address recorded on the application, once approved.
How to Get a Medical Marijuana Card in Delaware
Firstly, only those who are diagnosed with one of the qualifying medical conditions could apply. Moreover, you should show proof of your medical records. The second steps if you want to obtain medical marijuana card in Delaware includes :
- Having a state-licensed doctor complete the 2 pages Physician Certification Form on your behalf. You could only use a doctor-licensed to practice in Delaware. But, you could ask a doctor of Osteopathic Medicine.
- Finished the balance of the Medical Marijuana Patient Application packet.
- Paid the application fee.
- Include proof of residency and age.
- Mail the complete application to the exact address.
Steps to apply for a medical marijuana card in Delaware
Step 1 – Download the Application Packet and Contact a Physician
Contact a physician in regards to the completion of the Delaware medical marijuana application packet’s Physician Certification form. Not all the main care physicians would fill out the form this the case in medical documentation of a qualifying condition. Doctors are under no duty to suggest cannabis to their patients. A doctor might only suggest cannabis if they have completed a full assessment of your medical record.
Step 2 – Complete the Remainder of the Application Packet
You must complete the entire application packet. It has 2 pages of employment/demographic information and a medical release form that you must initial and sign. You could find the official state application including all 3 forms; the Patient Application, Medical Release Form, and Physician Certification Form.
Step 3 – Submit Your Application and Pay the Appropriate Fee
When you completed the application packet, submit it together with the %50 application fee to Delaware Division of Public Health, Medical Marijuana Program, ATTN: MMP, Suite 140, 417 Federal Street Dover, and DE 19901
You could fill out the application and apply online. Although, the Division doesn’t accept electronic and faxed submission of application. The Division might waive the application fee, under some particular situations. You could also check whether or not you are qualified for a fee waiver. Then the Delaware Health, Social Services department would either deny or approve your application in just 45 calendar days. The department would return the form to you with instructions for resubmission if anything is incomplete or missing. You should wait at least 6 months before you can reapply if it rejects your request.
Qualifying Medical Conditions
Consumption of medical cannabis in Delaware has been made legal under Senate Bill 17. Under this matter, you are required of a written certification from a doctor. The patient must state that he/she can “benefit from the healing use of Delaware medical marijuana”. Only those diagnosed with one in the list of the qualifying medical conditions were allowed:
- Any terminal illness
- Alzheimer’s disease
- Conditions that cause severe pain
- Multiple sclerosis
- Autism that leads to aggressive or self-injurious behavior
- Intractable nausea and seizures
- Wasting syndrome
- Chronic debilitating migraine
This was the case until the introduction of Senate Bill 24, at least. It removed the qualifying medical conditions for pediatric and adult patients. Physicians in Delaware are now permitted to use their experience care conditions as they wish. The Senate bill also removes the requirements that only specialists can suggest marijuana for pediatric patients.
Where Can I Buy Marijuana in Delaware?
Currently, there are 6 cannabis dispensaries in Delaware. The 3 of them were transferred to Columbia. The brand now has a hold in all 3 states. Whether there are adequate dispensaries to supply sound 9,000 medical cannabis Delaware.
What About Primary Caregivers?
You are permitted to have an assigned caregiver if they would have to fill out another application, but they should be qualified to the following criteria:
- Aged 21 years and older
- Have approved to assist you to use cannabis for medical reasons.
- Don’t have a conviction record for a felony offense
- Help at least 5 patients