Delaware Cannabis and Marijuana License

Recreational cannabis is not legal in Delaware. Medical cannabis has been legal in DE since 2011.

Medical Marijuana in Delaware

In May 2011 medical marijuana became legal in DE. Governor Jack Markell signed the law. The law allowed qualified patients to use cannabis.

Patients can buy different cannabis products. Smokable marijuana is also allowed. But there are amount restrictions. Patients can use up to 6 ounces of marijuana. This also applies to caregivers. However, De defined no maximum THC in cannabis.

Also, patients can’t grow marijuana at home. You can buy cannabis only from legalized dispensaries.

The patient should use cannabis in private. This is for not influencing others as well. DE banned smoking marijuana in private places. For example, in parks, beaches. It is also illegal to smoke cannabis while driving. Besides, you can’t smoke cannabis in a vehicle.

However, DE doesn’t check patients’ criminal backgrounds. Thus, there’s no law to prevent cannabis use for criminals. Criminal background check is only for caregivers.

Getting Medical Marijuana Card in Delaware

DE issues medical cannabis cards. The patients need to get the card. Otherwise, marijuana use will be illegal.

The Department of Public Health issues certificates.

You should meet some requirements for getting a card.

1. It is a must to be a DE residence. You should provide your residency. It can be through legal documents. For instance, you can provide your DE driver’s license. It must be valid. Your name and address should also be there.
2. You should be, at least, 18 years old.
3. Minors can also get a medical cannabis card. But only with parental consent.
4. You should have a qualifying condition. DE has the list of diseases.
5. There’s also a need for a doctor’s confirmation. The doctor should give you a certificate. It will state you have a qualifying disease. The doctor must have a DE license.

Note: Cannabis cards from other states are not valid in DE. Hence, you can’t use them to get marijuana.

Qualifying Conditions for Cannabis Medical Card

Having, at least, one condition is a must. Only in this case, you can get a cannabis card.

Currently, there are 17 qualifying diseases in DE.

1. Glaucoma.
2. Cancer.
3. Wasting Syndrome.
4. Seizures.
5. Nausea.
6. Muscle spasm.
7. Severe pain. As long as it hasn’t responded to any medical treatment. The duration is 3 months. Besides, other treatments have side effects.
8. Chronic Migraine.
9. If there’s aggressive behavior.
10. Alzheimer’s Disease.
11. Lou Gehrig’s Disease. Also known as ALS.
12. Acquired Immune Deficiency Syndrome
13. Decompensated Cirrhosis.
14. Human Immunodeficiency Virus. Also known as HIV.
15. Terminal Illness.
16. Post-Traumatic Stress Disorder. Also known as PTSD.

Having one of these diseases will not automatically qualify you for a cannabis card. Your doctor should confirm the disease.

In addition, you can ask to add a new disease. DE allows all its citizens to apply. You should send the petition. You can only mail it. Office of Medical Marijuana will receive the mail.

After, you should wait for the result. It will take 3 steps.

1. There will be a public hearing.
2. Afterward, the diseases will be posted. This is for getting reviews.
3. Eventually, the disease is approved or denies.

Applying for Medical Marijuana Card

There are 2 ways to apply for a medical marijuana card. Online application is within the health department webpage.

Second, you can apply by mail. You should use the application form. Firstly, you should print it. Then, complete it. Lastly, send it by mail. You should again mail it to the health department.

Typically, it takes 45 days to review the application. After, the department approved or denied it.

Note: The application should be complete. Otherwise, the review process stops. You will get back your application. And there will be instructions. They will help you correct it. Afterward, you can resubmit the application.

You should follow these steps to apply for a cannabis medical card.

1. You should meet your licensed doctor. The doctor will consult you. You will get a physician certificate. The doctor should highlight the benefits you will have from using cannabis. The certificate type may vary. It depends on whether you apply online or by mail.
2. After, you should complete the application.
3. Perhaps, you need a caregiver. In this case, a caregiver should also complete the application.
4. You should also prove your age. It should be via legal documents.
5. Also, there’s a need to prove your DE residency. In this case, you should also use legal documents.
6. Finally, you pay the application fee.

Fees for Medical Card in Delaware

The application fee for the DE application card is $50. In addition, t is non-refundable. You should pay it each time you apply for a license.

You will have payment options for online applications.

In terms of a mail application, you should include a check. A money order is also acceptable.

Besides, you can apply for a waving fee. In this case, you will pay half of the fee. Thus, the application fee will be $25.

You should complete a fee waiver form. However, not everyone can apply for a fee waiver. There’s a basic requirement. Your grow household earnings should be a maximum of 138%.

You should also provide the following information.

1. A copy of an income tax return is a must. It should be both federal and state-issued. Besides, it should be recent.
2. Also, you should submit a wage and tax statement.
3. You should submit documents about your recent income. It must also include Social Security Statements.
4. Mentioning the number of people living at your home is a must. You should also write their names and age.

Medical Marijuana Card for a Caregiver

A caregiver is a person who legally buys marijuana for a patient. But a caregiver also needs to get a license. Besides, a caregiver may help more than one patient. However, the number of patients shouldn’t exit 5. For each patient, a caregiver should submit a new application.

To qualify as a caregiver, you must meet the following criteria.

1. You should have a DE residency.
2. You must be, at least, 21 years old.
3. Minor’s parent or a legal guardian can also be a caregiver.

You should follow these steps to be eligible for a caregiver medical card.

1. You should complete the application. The patient should give you a 10-digit number. You can complete the application online. Printing the form and sending it by mail is also possible.
2. There may be a need to complete also patient’s application. But this is only if patients can’t do it.
3. Providing your age is also a must. Only legal documents are valid.
4. Providing your DE residency is also a must. Again, only legal documents are valid.
5. Eventually, you must pay the application fee.

The application fee is $125. You should pay it each time you submit the application. The fee is non-refundable.

Besides, you should pass a criminal background check. The committee will use your fingerprints. You will get a written notification. It will inform you that your fingerprints are used.

Cannabis Business in Delaware

Delaware is a small state with a less than 1 million population. Thus, there wasn’t much need to have many cannabis businesses. However, recently the demand for cannabis rose. In its turn, it leads to some complaints. Some patients were complaining about the lack of choice. They couldn’t do product selection as they were only 3 businesses operating. Also, the prices vary too high.

Amid this, DE decided to issue additional 3 licenses. It happened earlier in 2021. All three licenses were given to the businesses led by minorities or veterans.

Cannabis centers are called compassion centers in DE. Now there are officially 6 cannabis centers. 3 centers out of 6 belong to the same company. They are only based in different locations.

1. First State Compassion–Lewes. This center is based in Lewes.
2. Fresh Cannabis. It is located in Newark.
3. Columbia Care Delaware. There are three locations: Wilmington, Smyrna, and Rehoboth Beach.

Compassion Centers Requirements in Delaware

A compassion center in De should grow, manufacture and transport cannabis. Dispensing marijuana is also laying on compassion centers. It seems that a compassion center is all in one. They are growers, dispensaries, and sellers.

There are some requirements to operate as a compassion center in DE.

1. A compassion center can operate only as a non-profit organization.
2. The location of a center should be, at least, 1,000 meters away from schools.
3. The compassion center should pay a fee. The fee is for application. Also, it is non-refundable. The compassion center should pay the fee at the time of application.

The non-refundable fee for the application is $5,000.