How To Get a Medical Marijuana Card in Delaware

After the introduction of the law in Delaware in 2011, the provision of access to medical marijuana became applicable to patients who qualified for medical marijuana according to the Delaware Medical Marijuana Act. Nevertheless, there have been significant changes in the policy over time, particularly with the adoption of an important legislation bill in May 2024.

This is how HB285 differs:

• The fixed list of conditions was scrapped – physicians are allowed to recommend cannabis for any condition they think would help
• Adults aged 65 and above can self-certify without the need for a doctor’s recommendation
• Medical cards are available for 1 year, 2 years, or even 3 years of validity period
• For patients suffering from a terminal illness, the card will have no expiry date
• Medical marijuana cardholders from other states are permitted to buy cannabis at dispensaries in Delaware

Not only did Delaware legalize medical marijuana in 2017, but it also legalized the recreational use of marijuana among adults who are 21 years and older as of 2023. Even with the availability of recreational marijuana, there are numerous advantages to being a medical user than a recreational one.

Since 2025, the Office of the Marijuana Commissioner (OMC) regulates both the adult-use cannabis program and the MMP. This Office works alongside the Delaware Department of Health and Social Services (DHSS).

For program questions, you can contact the Medical Marijuana staff directly:

• Phone: (302) 269-7349
• Online portal: omc.delaware.gov
• Application system: delaware.biotrackthc.net/patients/actions

Thanks to HB285, qualifying for Delaware’s medical marijuana program is now more straightforward than ever. To be eligible, you must:

• Being above the age of 18 years old (children can be registered with the permission of their guardians and caregivers)
• Residency in Delaware with a legitimate Delaware driver’s license or state identification card
• Diagnosed with a disease by a licensed health practitioner in Delaware who considers that the individual could medically benefit from cannabis consumption
• Not being held under custody in a Delaware correctional institution

There isn’t any other way to put it. You are no longer required to meet certain criteria that apply directly to you. It all comes down to your healthcare professional’s judgment.

Self-Certification is among the significant advantages that come along with HB285. The process allows individuals who have attained the age of 65 years and above to be eligible without requiring any medical certification from a qualified medical doctor. With the introduction of self-certification, the procedure is now easier for older individuals in Delaware.

The certificate should be from a certified health care provider in Delaware who has a continuous professional relationship with the individual seeking to use marijuana in any form. Such health professionals may include:

• Medical doctors (MD)
• Doctors of osteopathy (DO)
• Nurse practitioners (NP)
• Physician assistants (PAs)

It is not recommended that the certifier establish such a relationship with the patient for the purposes of providing medical recommendations for cannabis.

For minors, the health professional should be a specialized one, such as a pediatric neurologist, pediatric oncologist, pediatric gastroenterologist, developmental pediatrician, pediatric psychiatrist, or palliative pediatric specialist.

Delaware offers both online and paper-based applications, though the online process through the DHSS portal is the recommended and most efficient route.

Step 1: Get Your Healthcare Practitioner Certification

Unless you are over 65 years old (see self-certification above), your first task will be booking a consultation with an MD, DO, APRN, or PA licensed by the State of Delaware. Consultations by telemedicine are acceptable for this process, making this an easy step to complete, even at home.

Once your healthcare practitioner determines that you could be helped with medical marijuana and decides that you qualify, he or she will provide their Healthcare Practitioner Certification as part of your patient application. It is required to be filed with the state within 90 days of signing.

Step 2: Create an Account on the Delaware Medical Marijuana Program Portal

Register yourself on delaware.biotrackthc.net/patients/actions using the “NEW PROGRAM PARTICIPANTS” option. To do this, you will need a valid email address. With your registration completed, you can start working on your patient application.

Step 3: Complete the Patient Application

Log in to your account and fill out the patient registration form. In case you are applying for a minor child, please use the pediatric patient registration form rather than the normal one for adults. Ensure that you fill in all the mandatory details – incomplete forms are not considered.

Step 4: Upload Required Documents

You will need to upload the following documents to your application:

• Proof of Identity and Delaware Residency – A valid, unexpired Delaware driver’s license or Delaware state-issued ID. This serves as both identity and residency verification.
• Healthcare Practitioner Certification – The completed and signed certification section of your application form (not required for patients 65 and older who are self-certifying)

If you are mailing a paper application instead, send clear photocopies of these documents along with your completed form to the Delaware Medical Marijuana Program office.

Step 5: Choose Your Card Validity Period and Pay the Fee

Delaware now offers three card validity options, giving patients more flexibility:

Patients with a terminal illness receive a card with an indefinite expiration date at no extra cost.

The payment for the online application would be made through the use of credit or debit cards. The application form on paper must have a check or money order addressed to the State of Delaware.

Step 6: Wait for Approval

After your application process is done, DHSS will take time to evaluate your application and make a decision within 45 days. In case your application is approved, you will get your patient identification card electronically sent to you through your email address and also via postal services in a physical format.

Holding a valid Delaware MMJ card comes with clear advantages over recreational cannabis use:

• Tax-free purchases – Medical cannabis is completely exempt from Delaware’s 15% recreational cannabis excise tax
• Higher possession limits – Medical patients may possess up to 6 ounces and purchase up to 3 ounces every 14 days, compared to just 1 ounce for recreational users
• Multi-year card validity – Choose from 1-, 2-, or 3-year terms, reducing how often you need to renew
• Indefinite card for terminal patients – Eliminates the renewal burden for those facing terminal illness
• Out-of-state reciprocity – Delaware now accepts out-of-state medical cards, and vice versa; some states may recognize your Delaware card
• Legal protection – Cardholders are presumed to be in lawful compliance when possessing within program limits

The growing of cannabis in the house is not allowed in the state of Delaware for any purpose, either for medical or recreational use. All cannabis can only be obtained through the licensed dispensing facilities of the state, called compassion centers. 13 such compassion centers are working currently in the state of Delaware.

Caregivers play an important role for patients who are unable to visit a dispensary themselves, including minor patients. To qualify as a designated caregiver in Delaware, you must:

• Be 21 years of age or older, or be the parent or legal guardian of a minor patient
• Be a Delaware resident with a valid ID
• Have no disqualifying felony convictions
• Complete a statewide and federal criminal history background check through the Delaware State Bureau of Identification (SBI)
• Agree to assist with the patient’s medical use of marijuana

The caregivers will fill out their applications through the OMC’s web portal through the use of the caregiver application form. The patient’s registry identification number, which consists of 10 digits, is required for filling in the form. Caregiver can be used for assisting more than one patient, provided that there is a legal, family, or brotherly connection between the two patients.

Delaware has received reciprocity through HB285, allowing non-Delaware residents carrying out-of-state medical marijuana cardholders’ MMJ cards to shop freely in all the Delaware compassion centers with all the rights granted to the state residents holding an MMJ card.

The procedure for renewal will be identical to that of applying for the first time. You will require a healthcare provider certification again (except if you are above 65 years old, then you can self-certify) and pay the relevant renewal cost.

The renewal charge will be equal to the original application charge, which is $50 for one year, $75 for two years, or $100 for three years.

Key Things To Remember

• Delaware no longer requires a specific list of qualifying conditions – your provider determines eligibility based on your diagnosed condition
• Patients 65 and older can self-certify without a physician’s recommendation
• The healthcare practitioner certification must be submitted within 90 days of the signature date
• Home cultivation is prohibited for all patients and caregivers
• Delaware now offers out-of-state reciprocity – valid MMJ cards from other states are accepted at Delaware dispensaries
• Cards are available in 1-, 2-, or 3-year terms, and terminal illness patients receive an indefinite card
• Medical cannabis purchases are completely tax-free