Medical marijuana in Delaware: How to get a card and more

Reading Time: 7 minutes

Delaware’s medical marijuana program, established under the Delaware Medical Marijuana Act in 2011, provides a regulated pathway for patients with serious medical conditions to access cannabis legally. Managed by the Delaware Department of Health and Social Services (DHSS), the program has evolved significantly, especially with recent expansions that make it easier for patients to qualify. As of 2025, the program serves nearly 30,000 patients and operates through a network of licensed compassion centers, or dispensaries. With recreational marijuana sales set to begin in spring 2025, the medical program remains a critical option for patients seeking tailored treatment and legal protections. This guide offers a detailed look at how to obtain a medical marijuana card in Delaware, the state’s cannabis laws, qualifying conditions, dispensary access, and practical tips for navigating the system. Whether you’re a patient, caregiver, or simply curious, here’s everything you need to know about medical marijuana in Delaware.

Overview of Delaware’s Medical Marijuana Program

The Delaware Medical Marijuana Act, signed into law by Governor Jack Markell, marked a turning point for patients seeking alternative treatments. The program, implemented by the DHSS’s Office of Medical Marijuana (OMM), allows registered patients to purchase cannabis from state-licensed compassion centers. In 2024, House Bill 285 significantly expanded the program by removing the restrictive list of qualifying conditions, allowing healthcare providers to recommend cannabis for any condition they believe would benefit from its use. This change, along with provisions for seniors to self-certify, has made Delaware’s program one of the most accessible in the region.

The program is now under the oversight of the Office of the Marijuana Commissioner (OMC), which also regulates the forthcoming adult-use cannabis market. This transition, enacted through House Bill 425, aims to streamline regulations for both medical and recreational cannabis. As of 2025, Delaware has 13 compassion centers, with plans for existing dispensaries to serve both medical and recreational customers under conversion licenses starting in spring 2025. Medical patients benefit from tax exemptions, home delivery, and priority access during shortages, making a medical marijuana card a valuable asset even with recreational legalization on the horizon.

How to Get a Medical Marijuana Card in Delaware

Obtaining a medical marijuana card, also known as a registry identification card, in Delaware is a straightforward process designed to ensure eligible patients can access cannabis legally. The steps involve consulting a healthcare provider, submitting an application, and receiving approval from the DHSS. Here’s a step-by-step guide:

1. Confirm Residency: You must be a Delaware resident with proof of residency, such as a Delaware driver’s license, state ID, or utility bill showing at least 30 days of residency.
2. Consult a Healthcare Provider: Schedule an appointment with a licensed Delaware healthcare practitioner, such as a physician (MD or DO), advanced practice registered nurse, or physician assistant. For minors, the provider must be a pediatric specialist in neurology, gastroenterology, oncology, psychiatry, or palliative care. The provider will assess your medical condition and issue a written certification if they believe cannabis would provide therapeutic or palliative benefit. Patients 65 and older can self-certify without a provider’s recommendation.
3. Gather Documentation: Prepare your proof of residency, a signed certification from your healthcare provider (unless self-certifying), and, if applicable, a caregiver application for minors or homebound patients. Caregivers must be 21 or older, pass a background check, and apply separately for a registry card.
4. Submit Application: Apply through the DHSS’s online Medical Marijuana Patient Portal. Create an account, complete the application form, and upload required documents. The application fee is $50 for a one-year card, $75 for a two-year card, or $100 for a three-year card. Fee waivers are available for financial hardship, and veterans may qualify for free cards through certain dispensaries like First State Compassion.
5. Await Approval: The DHSS reviews applications within 45 days. If approved, you’ll receive an electronic registry ID card, which you can download or print. The card allows you to purchase cannabis from any licensed compassion center in the state.

I always recommend going for a Medical Marijuana Card Online Instantly. Kif Doctors simplifies the process, allowing you to apply and get approved for a medical marijuana card online in minutes. Their platform is user-friendly, making it easy to access the relief you need quickly.

Qualifying Conditions for Medical Marijuana

Thanks to House Bill 285, signed into law in 2024, Delaware no longer restricts medical marijuana to a specific list of conditions. Instead, healthcare providers have discretion to recommend cannabis for any diagnosed condition they believe would benefit from its use, such as chronic pain, anxiety, or nausea. This change has opened the program to a broader range of patients, including those with conditions like fibromyalgia or Tourette’s syndrome, which were previously excluded.

For reference, the former list of qualifying conditions included:

• Alzheimer’s disease
• Amyotrophic lateral sclerosis (ALS)
• Anxiety (CBD-rich products only)
• Autism (pediatric patients)
• Cancer
• Chronic debilitating pain
• Glaucoma
• HIV/AIDS
• Hepatitis C
• Post-traumatic stress disorder (PTSD)
• Seizure disorders
• Terminal illness
• Severe muscle spasms, including those from multiple sclerosis

Pediatric patients under 18 have additional requirements, such as oils with at least 15% CBD or THC acid and no more than 7% THC. Patients 65 and older can bypass provider certification, making access easier for seniors managing chronic conditions. If a provider believes cannabis could help, they can issue a certification after establishing a bona fide patient-provider relationship, ensuring decisions are made collaboratively.

Purchase and Possession Limits

Delaware’s medical marijuana program sets clear limits to balance patient access with regulatory oversight. Registered patients and their designated caregivers can:

• Purchase up to 3 ounces of cannabis every 14 days from a licensed compassion center.
• Possess up to 6 ounces of usable cannabis at any time.

These limits apply to flower, edibles, tinctures, concentrates, and other products. Compassion centers track purchases through the state’s database to ensure compliance. Home cultivation is strictly prohibited, and all cannabis must be sourced from licensed dispensaries. Patients must use cannabis in private residences, as public consumption, including in vehicles or on school grounds, is illegal and carries a $100 fine.

Accessing Compassion Centers (Dispensaries)

Delaware’s 13 compassion centers, operated by six licensed companies, serve as the primary source for medical marijuana. These dispensaries, located in cities like Wilmington, Felton, and Rehoboth Beach, offer a range of products, including flower, vape cartridges, edibles, tinctures, and topicals. Notable operators include First State Compassion, Columbia Care, and EzyCure (The Farm). As of 2025, compassion centers are preparing to serve both medical and recreational customers under House Bill 408, which allows conversion licenses starting in spring 2025.

When visiting a dispensary, patients must present their valid medical marijuana card and a government-issued ID. Centers operate on a not-for-profit basis, ensuring a focus on patient care. Many offer home delivery for registered patients, a perk not available to recreational users. Staff are trained to guide patients in selecting products tailored to their conditions, and centers must prioritize medical patients during supply shortages. In 2023, Delaware’s compassion centers generated $53.8 million in sales, reflecting the program’s growth and patient demand.

Legal Protections and Limitations

Registered medical marijuana patients in Delaware enjoy several legal protections under the Delaware Medical Marijuana Act:

• Arrest and Prosecution Immunity: Patients with valid cards cannot be arrested or prosecuted for possessing up to 6 ounces of cannabis, provided it’s used in accordance with state law.
• Non-Discrimination: Patients are protected from denial of rights or privileges, such as in child custody or professional licensing, based solely on their medical cannabis use.
• Confidentiality: Patient records are protected under HIPAA and are not subject to disclosure, except for authorized DHSS employees performing official duties.

However, there are limitations to consider. Federal law still classifies marijuana as a Schedule I drug, impacting areas like firearm ownership. In 2022, Governor John Carney vetoed a bill that would have allowed medical marijuana patients to possess firearms without state-level penalties, citing federal restrictions. Patients should also be aware that employers are not required to accommodate medical cannabis use, and workplace drug testing could lead to disciplinary action. Additionally, Delaware does not offer reciprocity for out-of-state medical marijuana cards, meaning only Delaware residents can access compassion centers.

Benefits of a Medical Marijuana Card in 2025

With recreational marijuana legalized in April 2023 under House Bills 1 and 2, some may wonder why a medical marijuana card is still necessary. However, the medical program offers distinct advantages, especially as recreational sales won’t begin until spring 2025. These benefits include:

• Tax Exemption: Medical marijuana purchases are not subject to the 15% tax that will apply to recreational sales, saving patients significant costs.
• Priority Access: Compassion centers must prioritize medical patients during shortages, ensuring consistent access to products.
• Home Delivery: Medical patients can have products delivered to their homes, a convenience not available to recreational users.
• Higher Possession Limits: Medical patients can possess up to 6 ounces, compared to 1 ounce for recreational users.
• Legal Protections: A medical card provides robust protections against state-level penalties and discrimination, offering peace of mind.

For example, a patient managing chronic pain could save hundreds of dollars annually on tax-exempt purchases and benefit from tailored products like high-CBD tinctures, which dispensary staff can recommend based on their condition.

Challenges and Considerations

While Delaware’s medical marijuana program is patient-friendly, there are challenges to navigate. The prohibition on home cultivation means patients rely entirely on compassion centers, which can be costly, especially since health insurance doesn’t cover medical marijuana. Consultation fees, application costs, and product prices can add up, though fee waivers and dispensary discounts for veterans help offset expenses.

Workplace policies also pose a hurdle. Delaware’s at-will employment laws allow employers to enforce drug-free policies, and medical marijuana use could lead to termination, even for registered patients. Patients should review their employer’s policies and consider discussing their treatment with HR to explore accommodations. Public consumption remains a concern, as even medical patients face fines for using cannabis outside private residences.

The Future of Cannabis in Delaware

Delaware’s cannabis landscape is poised for significant change in 2025. The launch of recreational sales, expected by April, will expand access but may strain supply chains, making the medical program’s priority access critical. The OMC is preparing to issue 30 adult-use dispensary licenses, including 15 for social equity applicants, which could diversify the market. Conversion licenses for existing compassion centers, enabled by House Bill 408, will generate up to $4.2 million in fees to support social equity programs.

Legislative efforts continue to refine the medical program. Recent bills have expanded expungement for past cannabis convictions, reflecting a shift toward restorative justice. However, Governor Carney’s cautious approach, including his 2022 veto of recreational legalization, suggests ongoing debates about regulation. Posts on X indicate public enthusiasm for both medical and recreational cannabis, though these sentiments are inconclusive without legislative action.

Frequently Asked Questions

Can non-residents get a medical marijuana card in Delaware?

No, only Delaware residents with proof of at least 30 days of residency can apply for a medical marijuana card. The state does not offer reciprocity for out-of-state cards.

Can minors use medical marijuana in Delaware?

Yes, minors under 18 can qualify with a certification from a pediatric specialist and a designated caregiver, typically a parent or guardian, who applies for a separate registry card.

How long does it take to get a medical marijuana card?

The DHSS processes applications within 45 days. Once approved, you’ll receive an electronic card within a few days. Incomplete applications may delay approval.

Can I grow my own cannabis with a medical marijuana card?

No, home cultivation is illegal for both medical and recreational users in Delaware. All cannabis must be purchased from licensed compassion centers.

Does having a medical marijuana card affect gun ownership?

Yes, federal law prohibits marijuana users, including medical patients, from purchasing or possessing firearms. Delaware does not currently offer state-level protections for medical marijuana patients in this regard.

Conclusion

Delaware’s medical marijuana program offers a lifeline for patients seeking relief from a wide range of conditions, with recent expansions making it more accessible than ever. By obtaining a medical marijuana card, patients gain access to regulated products, legal protections, and financial benefits like tax exemptions. As the state prepares for recreational sales in 2025, the medical program remains a vital option for those needing tailored treatment and priority access. Whether you’re navigating the application process or exploring dispensary options, understanding Delaware’s laws and resources empowers you to make informed decisions about your health.