Delaware medical marijuana card FAQ

What documents do I need to provide for a medical marijuana card application?

When applying for a medical marijuana card in Delaware, you need to submit a physician certification from a licensed doctor and the patient application or pediatric patient application, for minors. The applicant or the legal guardian of the applicant, in the case of minors, must submit proof of residency and age. Also, the required non-refundable application fee of $50 for 1 year, $75 for 2 years, or $100 for 3 years before submitting the application. Low-income patients can submit the Low Income Charge Request Form.

Which category of patients needs a caregiver?

A qualifying patient under 18 years old needs a caregiver. Disabled or housebound individuals are allowed to appoint a caregiver. A caregiver must be 21 years of age or older, or 18+ and the legal guardian of the patient.

How long does it take to get approved for a medical marijuana card in Delaware?

It takes up to 45 business days for the Delaware medical marijuana program to approve or deny an application.

Is my information confidential when I apply for an MMJ card in Delaware?

Yes, your medical marijuana records remain private and are maintained by the Delaware Department of Health. The records are subject to all the federal privacy laws and are exempt from the Freedom of Information Act. Law enforcement may only access medical marijuana records in extreme cases.

Who can prescribe medical marijuana in Delaware?

Only healthcare practitioners licensed to practice in Delaware can prescribe medical marijuana. These include medical doctors, doctors of osteopathic medicine, advanced practice registered nurses, and physician assistants. For patients younger than 18, the healthcare practitioner must be a pediatric neurologist, pediatric gastroenterologist, pediatric psychiatrist, pediatric oncologist, developmental pediatrician, or pediatric palliative care specialist.

Can I buy medical marijuana with insurance in Delaware?

Insurance does not cover medical marijuana in Delaware. It’s essential to contact your insurance company for more information.

Where can I buy medical marijuana in Delaware?

You can purchase medical marijuana from state-licensed dispensaries in Delaware. A caregiver can purchase on behalf of their patient. Ensure you check the license of a marijuana retailer before purchasing.

What do I need when visiting a medical marijuana dispensary in Delaware?

To purchase from a medical marijuana dispensary, you need to have a Delaware medical marijuana card. Without the card, if you are 21 years of age or older and have a valid government ID, you can purchase 1 ounce of cannabis.

How can I register with the Delaware medical marijuana program?

To register with the Delaware medical marijuana program, book an appointment with a licensed physician to check eligibility. Then, obtain a certification from the physician. After receiving your certification, submit the necessary forms and complete the application. You need to submit proof of age and Delaware residency, a $50 (1 year) state application fee, and other documents. If you need a caregiver, you can designate one during this process. Once your application is approved, you receive your card.

Do I need to be a Delaware resident to get a medical marijuana card?

Yes, you need to be a Delaware resident and provide proof of residency to receive a medical marijuana card.

Can I get a medical marijuana card online in Delaware?

Yes, you can apply for a medical marijuana card online by meeting with the physician via telehealth and using the official Delaware medical marijuana website. The card will also be sent via email.

Will my healthcare provider's certification be confirmed?

Yes, the Medical Marijuana Program will reach out to your healthcare provider to verify the certification you submitted.

What if my application is missing information?

If your application is incomplete, it will be returned to you with instructions on how to correct and resubmit it. The program will only process fully completed applications.

How long is the healthcare practitioner's certification valid?

Once your health care practitioner signs your certification, you have 90 days to submit the completed application to the Medical Marijuana Program. After this period, the certification will expire, and you will need to obtain a new one from your practitioner.

How can I renew my medical marijuana card in Delaware?

To renew your medical marijuana card in Delaware, you'll need to follow the same process as when you first applied. First, receive a recertification from an approved healthcare provider. Then, submit your renewal application at the DHSS medical marijuana patient portal and pay the state fee of $50. Applications can be submitted up to 90 days before your card's expiration date.

How long does it take to renew my medical marijuana card?

It takes up to 90 days to renew your medical marijuana card, so it’s advisable to start the renewal process early.

How long is my medical marijuana card valid?

Your Delaware medical marijuana card is valid from one year to three years depending on what duration was selected. It’s recommended to start the renewal process three months earlier to avoid an expired license.

Can I grow my own cannabis in Delaware?

No, you cannot grow your own cannabis in Delaware. Patients, caregivers and dispensaries are not allowed to grow their cannabis, only those with a cultivation license from the state.

Do I pay taxes when buying cannabis in Delaware?

When buying recreational marijuana, you pay a 15% sales tax. For medical marijuana patients, the taxes are exempt.

Do I need a medical card to buy products at a dispensary in Delaware?

If you are at least 21 years old, you can purchase recreational marijuana limited to 1 ounce. But, to buy medical marijuana, you need a Delaware MMJ card.

Do you lose your gun rights if you have a medical card in Delaware?

Yes, you lose your gun rights because the federal law does not allow medical marijuana patients to possess or use a firearm. Doing so can cause legal consequences.

Is using medical marijuana a reason for labor discrimination?

Under the Delaware Medical Marijuana Act, employers are not allowed to discriminate against medical marijuana cardholders unless doing so puts them in violation of federal financial or licensing regulations. But employees are not allowed to work under the influence or consume marijuana during working hours.

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