Medical Marijuana Laws and Safety Regulations in Delaware

Is Medical Marijuana Legal in Delaware?

Yes, medical marijuana is legal in Delaware. The state has a comprehensive medical marijuana program, with regulations administered by the Delaware Medical Marijuana Program. Patients must register with the program in order to receive a medical marijuana card.

What Are The Qualifying Conditions For Medical Marijuana in Delaware?

The qualifying conditions for medical marijuana in Delaware are:

• Any terminal illness (defined as any condition of illness which, according to reasonable medical judgement, can reasonably be expected to result in death within one year)

• Cancer, HIV/AIDS, Amyotrophic Lateral Sclerosis (ALS), Alzheimer’s Disease, Crohn’s Disease, Decompensated Cirrhosis, Cachexia or Wasting Syndrome, Severe Nausea, Seizures (including those characteristic of Epilepsy), Severe and/or Chronic Pain, Severe and/or Persistent Muscle Spasms (including those characteristic of Multiple Sclerosis), Post-Traumatic Stress Disorder (PTSD), Autism with self-injurious or aggressive behavior.

How Do I Get A Medical Marijuana Card in Delaware?

In Delaware, you must be a resident with a qualifying condition to be eligible to apply for a medical marijuana card. Qualifying conditions include cancer, HIV/AIDS, post-traumatic stress disorder (PTSD), multiple sclerosis, chronic pain, and more. You will need to get an evaluation from a certified physician who is licensed to practice medicine in the state of Delaware and is registered with the Delaware Medical Marijuana Program. Your physician must certify that you have a qualifying condition and that medicinal marijuana would be a legal and effective treatment for your condition. Once the certification is received, you can register with the Delaware Medical Marijuana Program online or in person. If you are approved, you will receive your medical marijuana card in the mail.

What Is The Process For Applying For A Medical Marijuana Card in Delaware?

The process for applying for a medical marijuana card in Delaware is relatively straightforward. To be eligible, applicants must be 18 years or older and be diagnosed with a qualifying medical condition. They must then obtain a written certification from a physician licensed in Delaware who is registered with the Medical Marijuana Program.

The next step is to submit an application with the Division of Public Health’s Medical Marijuana Program, along with the certification. The applicant will then receive a decision from the Medical Marijuana Program regarding their eligibility for the program. Once approved, they will be able to obtain their medical marijuana card and make purchases from a state-licensed dispensary.

Where Can I Find A List Of Licensed Medical Marijuana Dispensaries in Delaware?

The Delaware Medical Marijuana Program (DMMP) does not have a list of licensed medical marijuana dispensaries available on their website. Instead, you can contact their office directly at (302) 744-4749 to inquire about licensed dispensaries in the state.

What Are The Possession Limits For Medical Marijuana in Delaware?

In Delaware, the possession limit for medical marijuana is up to six ounces of usable marijuana. Patients must keep all of their medical marijuana in a locked, secure facility or location at all times.

Can I Grow My Own Medical Marijuana in Delaware?

No. In Delaware, it is illegal to grow marijuana for any purpose, including medical use. All medical marijuana must be purchased through the state-approved dispensary system.

How Do Medical Marijuana Laws Affect Employment And Drug Testing in Delaware?

The legal use of medical marijuana in Delaware is governed by the Delaware Medical Marijuana Act. The Act does not protect employees from any action taken by their employer, including termination, based solely on the employee’s status as a qualified patient. Employers may continue to enforce drug-free workplace policies, including drug testing policies, regardless of an employee’s use of medical marijuana as long as those policies are applied consistently and do not target medical marijuana users. If an employee tests positive for marijuana during a drug test, the employer is under no obligation to make an accommodation for the employee’s medical marijuana use. That said, employers should be prepared to make reasonable accommodations for workers with disabilities that could benefit from medical marijuana use.

Are There Age Restrictions For Medical Marijuana Patients in Delaware?

Yes, medical marijuana patients must be at least 18 years old in Delaware. Patients aged 17 and younger must have a designated caregiver who is 21 years or older.

What Forms Of Medical Marijuana Are Available in Delaware?

In Delaware, medical marijuana is available in the form of oils, tinctures, capsules, and dry leaf. The state also permits edible products such as mints, gummies, and baked goods.

Are There Reciprocity Agreements For Out-Of-State Medical Marijuana Patients in Delaware?

No, Delaware does not have reciprocity agreements for out-of-state medical marijuana patients. In order to purchase and use medical marijuana in Delaware, patients must obtain a medical marijuana card from the state and be a resident of the state.

What Are The Penalties For Using Or Possessing Medical Marijuana Without A Card in Delaware?

The penalties for possessing or using medical marijuana without a valid medical marijuana card in Delaware are as follows:

• Possession of up to one ounce of cannabis is considered a civil offense, punishable by a fine of up to $100.

• Possession of more than one ounce of cannabis is considered a criminal offense, punishable by up to six months in jail and/or a fine of up to $1,150.

• Cultivation of cannabis is considered a criminal offense, punishable by up to 5 years in jail and/or a fine of up to $5,000.

Can I Get A Medical Marijuana Card If I’M Not A Resident in Delaware?

No, you cannot get a medical marijuana card if you are not a resident of Delaware. The laws of each state vary and Delaware only allows for individuals who are residents of the state to obtain a medical marijuana card.

What Is The Role Of Doctors In Recommending Medical Marijuana in Delaware?

In Delaware, doctors are allowed to recommend medical marijuana to their patients. The Delaware Medical Marijuana Act, enacted in 2011, requires physicians to be certified by the Delaware Department of Health and Social Services in order to issue a medical marijuana recommendation. Doctors are required to assess their patients’ medical and medical history, including any prior attempts at conventional treatment, before recommending cannabis. There is also a requirement that the doctor must review the patient’s records each time they make a recommendation. Physicians may also recommend medical marijuana to treat certain conditions like chronic pain, post-traumatic stress disorder, HIV/AIDS-related wasting syndrome, seizures, and severe nausea or vomiting.

Are There Restrictions On Where I Can Use Medical Marijuana in Delaware?

Yes, there are restrictions on where medical marijuana can be used in Delaware. It is illegal to use medical marijuana in any public place, including schools, parks, public transportation, or in any commercial establishment. Additionally, using medical marijuana on federal land is also prohibited.

Can I Apply For A Medical Marijuana Card Online in Delaware?

No, you cannot apply for a medical marijuana card online in Delaware. Patients must first receive a written certification from their doctor and then submit an application to the Division of Public Health’s Medical Marijuana Program. The application must be submitted in person by the patient or the patient’s caregiver.

What Are The Fees Associated With Obtaining A Medical Marijuana Card in Delaware?

In Delaware, the fee associated with obtaining a medical marijuana card is $125 and is valid for one year. This fee is non-refundable.

Do I Have To Notify My Employer If I Have A Medical Marijuana Card in Delaware?

Yes, Delaware law requires employers to be notified if you have a medical marijuana card. The Delaware Medical Marijuana Act requires that you provide written notification of your medical marijuana status to your employer within five (5) days of obtaining a Registry Identification Card. Employers still have the right to terminate or refuse to hire an employee with a medical marijuana card.

Can Medical Marijuana Patients Purchase Firearms in Delaware?

No. Federal law prohibits individuals who use marijuana, even if prescribed by a doctor, from purchasing firearms. Therefore, medical marijuana patients in Delaware cannot purchase firearms.

What Legal Protections Do Medical Marijuana Patients Have in Delaware?

In Delaware, medical marijuana patients have several legal protections. Firstly, they are protected from discrimination. The Delaware Medical Marijuana Act (DMMA) states that a registered patient may not be discriminated against in their housing, employment or other fields. Additionally, medical marijuana patients may possess up to six ounces of usable marijuana in their possession without facing any criminal penalties. Furthermore, the use of medical marijuana is protected under the state’s medical necessity defense statute. This makes it so that medical marijuana patients may be able to use the medical necessity defense if they are criminally charged with possession or use of marijuana. Lastly, the DMMA also provides for a confidential registration process for patients, meaning that their participation in the program cannot be disclosed without their written permission.