Delaware does not charge a sales tax on medical cannabis. It means patients with a Delaware medical card could save a lot of cash on the monthly cost of MMJ. Even though it seems that adult-use (recreational) cannabis might be legal in 2022, it would be taxed. Adults over twenty-one (21) will have to pay about 20% excise tax on each buying. It is the current proposed tax rate for recreational cannabis in Delaware. 

 

Medical Marijuana in Delaware

The Health and Human Development Committee sanctioned House Bill 150 in March, 2021. It was voted out of committee on June 4, 2021. That means it is set to move onward to the Senate. 

House Bill 150 would legalize recreational cannabis in Delaware. That means anybody over the age of twenty-on (21) years will be capable of purchasing cannabis at a dispensary. Ownership of one ounce or less will be legalized in the state under HB 150.

The sponsor of House Bill 150 to decriminalize adult use in Delaware is Rep. Ed Osienski. The legislation will be reinstated in January 2022 and is estimated to pass. Compassion Centers (dispensaries) in Delaware are now everlastingly allowed to deliver cannabis products to patients. Patients might only buy cannabis products at licensed Delaware Compassion Centers. 

 

The History of Medical Marijuana in Delaware

In Delaware, state legislators tried to decriminalize adult-use (recreational) cannabis. In June 2018, the recreational use legislation was stopped in the House of Representatives without proceeding to the Delaware Senate. 

Here are some other historical instants on the path to making medical cannabis authorized in Delaware. 

June 2015—Ownership of one ounce or less of cannabis by an adult 21 years or older was legal. When Markell signed House Bill 39, Delaware converted the twentieth state to legalize marijuana. 

May 2011—Then-Governor Jack Markell contracted the first legislation that would legalize medical cannabis in Delaware. The original legislature allowed patients to own up to six (6) ounces. The cost of registration for a Delaware medical card in 2012 was $125. The application for patients was decreased to $50. 

Delaware’s new medical cannabis laws require that all authorities implement Compassion Centers. However by 2016, there was only one compassion centre open to dispense to patients with a Delaware medical card. 

 

Is marijuana legal in Delaware?

Cannabis is legal for eligible patients with a licensed card. Medical marijuana is legitimate in Delaware. A diversity of products, including smokable marijuana, is accessible to medical marijuana card holders. Patients and caregivers might possess up to six ounces of marijuana at one time. Ownership of up to an ounce of marijuana for recreational use was penalized in 2015 . The penalty for ownership of that amount is now a $100 fine. 

Possession of up to 175 grams might result in a misdemeanor conviction, a maximum of three months in jail, plus a fine of $575. Ownership of more than 175 grams might result in an offense conviction, with jail time and fines depending upon the amount. 

Distribution, sale, and making are felony offenses, with punishments of up to 25 years in jail hinging on the quantity of marijuana. Recreational use has been brought onward under the Delaware Marijuana Control Act (HB 110), which would permit adults 21 and over to own an ounce of marijuana for recreational use; however, the bill has stagnated in the House Appropriations Committee since June 2019.

 

How to Get a Medical Marijuana Card in DE?

1. RESERVE AN APPOINTMENT

When booking appointments in Delaware, you would schedule an appointment to see a medical marijuana doctor in DE at the most appropriate time. Provide basic medical history and reserve your appointment with certified medical marijuana doctors. The doctor(s) could approve the documents in any qualifying condition.

 

2. CONSULT WITH A MMJ DOCTOR

You will consult with a physician for 10-15 minutes to assess your ailments and ask any queries you might have about your medical marijuana treatment. When your consultation starts, you will go over your disorders. If you are approved, the doctor would register you with the state of Delaware. You will then be capable of paying your $50 patient charge to the state.

Each patient would need to prove Delaware residency for their application to be approved by the state of DE.

 

3. GET APPROVED

Once accepted, you will register with the state and apply. The state would process your application, inform you of your authorization, and mail your card. You can begin buying from dispensaries when you have your card.

In Delaware, patients need to recertify their license yearly by seeing a licensed physician again. 

 

Becoming a Caregiver in Delaware

To be a licensed medical cannabis caregiver in the state of Delaware, the applicant must meet specific qualifications comprising being at least 21 years of age. You must never have been sentenced to a felony, agreeing to help the patient with the medical use of cannabis and being a state resident with a driver’s license or state ID proofing your present address. 

Not like other states that permit medicinal cannabis, Delaware permits caregivers to have up to five eligible patients. The fee for a caregiver application is $125 and is non-refundable.

 

Ownership and Cultivation in Delaware

Once permitted, under the Delaware Medical Marijuana Act, patients are permitted to buy and own upto 3 ounces of cannabis each 14 days, equating to six ounces per month at the most.

There is no cultivation of cannabis in any form. If a patient is caught developing cannabis, they might face penalties.

 

Delaware Age plus Residency Requirement 

You must be a citizen in the state of Delaware for at least 30 days. This means that you must be capable of verifying that you are a legal resident of Delaware, plus that you can deliver proof of residency. To show residency evidence, you must have a state driver’s license or state-issued ID card. Make sure your home address is state-of-the-art on this documentation.

Presently, the Delaware Division of Health Medical Marijuana Program is not permitting out-of-state patients to be eligible for medical marijuana cards.

 

Pros of a Medical Marijuana Card

Being a medical marijuana cardholder could come with several financial, legal, cultivation, health, and wellness benefits.  

 

1. You are Legally Protected

Although public marijuana intake is not presently federally legalized in any US state, if authorities stop you in your home state plus your own medical marijuana, you will not face any legitimate consequences for buying your medicine from a state-licensed dispensary or for carrying an amount inside the state’s legally defined purchase/ownership limit. Ensure always to carry your up-to-date medical marijuana card when in possession of any medical cannabis products.  

 

2. Marijuana is More Affordable

Since recreational marijuana is taxed at a higher rate, medical marijuana patients often pay less or in some cases, incur no tax on their plant medicine. By reading our guide here, we can find more details on the difference in recreational vs medical marijuana taxes for each US state.

 

3. Higher Ownership Limits

Medical purchase or possession – 3 ounces of marijuana every 14 days, with 6 ounces per month

Recreational use remains unlawful

 

4. Higher Developing Limits

No home grown is legalized for medical or recreational use. Depending on wherever you live, if you are a medical marijuana patient situated in select US states, you are legally permitted to exercise your green thumb by growing your own marijuana plants in a private residence.

 

Who could apply for a medical cannabis card in Delaware?

You must be a legal resident of the state of Delaware over the age of 18 to apply for a medical cannabis card in Delaware.

An applying patient must have a qualifying state per the Delaware Department of Health and medical records within the last year confirming the diagnosis.

 

What does a medical cannabis card permit in Delaware?

Approved patients would have access to 6 dispensaries throughout the state and might purchase up to 3 ounces every 15 days.

 

What does the Delaware Medical Marijuana Act do?

The Delaware Medical Marijuana Act is mainly based on the Marijuana Policy Project’s model bill, eliminates criminal sanctions and offers protection from arrest for the compassionate, doctor-recommended use of medical marijuana by Delaware patients with severe medical conditions. The law took effect on July 1, 2011, and some favorable amendments have been made since then.

Patients are not permitted to grow their own medicine, but they might possess up to six ounces of marijuana. The program contains tightly regulated, limited distribution of medical marijuana by not-for-profit compassion centers. Presently, six compassion centers are operating in the state.

 

1. Allowing medical use

To qualify to use medical cannabis, the patient’s doctor must have certified, in writing, that the patient has an actual debilitating medical condition and that the patient would obtain therapeutic advantage from medical marijuana. Patients then must send the Delaware Department of Health and Social Services (DHSS) a complete application (obtained from DHSS), including a copy of the written authorization. DHSS will issue an ID card afterwards verifying the info. As long as the patient complies with the law and possesses an ID card, there will be no arrest.

 

2. Qualifying medical conditions

For adults, the qualifying disorders are terminal illness; cancer; decompensated cirrhosis; multiple sclerosis; HIV/AIDS; amyotrophic lateral sclerosis (ALS); autism with aggressive behavior; PTSD; agitation of Alzheimer’s disease Chronic unbearable migraines or new daily persistent headache; or a medical condition or treatment that produces wasting syndrome, intractable nausea, seizures, severe-plus persistent muscle spasms, or severe debilitating pain that has not responded to other treatments for more than three months or for which other treatments produced severe side effects.

 For minors, who must also have parental approval, the qualifying conditions are intractable epilepsy, severe debilitating autism, or else a chronic or debilitating sickness or medical condition wherever the patient has failed treatment, including cachexia or wasting syndrome; severe, painful, and persistent muscle spasms; intractable nausea; chronic debilitating migraines; or constant everyday headaches.

Starting on September 9, 2020, according to SB 24, a patient might qualify if their doctor certifies that the patient has a severe and debilitating disorder. Current standard care practices and treatments have been exhausted. There are grounds to support that the patient might benefit from this treatment.

 

3. Compassion centers (dispensaries)

Delaware’s law prohibits patients or caregivers from producing marijuana at home. Instead, it delivers patients access to their medicine at state-regulated, not-for-profit compassion centres cultivating medical marijuana. All compassion centres are subject to scrutiny, and all of their staff must undergo background checks. Compassion centres might not advertise medical marijuana sales in print or otherwise broadcast and might not share office space with doctors. The law also makes an additional felony with a possible two-year prison term and a $2,000 fine to penalize anybody who sells medical marijuana to somebody unauthorized to own it.

 

4. Patient age and possession limits

Registered patients might possess up to six ounces for their medical use. Caregivers, who might serve up to five patients, could pick up medicine for very ill, homebound patients and own it on their behalf. Compassion centres might only dispense three ounces to a patient every 14 days, and a patient might only register with one compassion centre.

 

5. Patient medical necessity affirmative defence

Delaware’s law delivers a medical necessity affirmative defense that could be raised in limited conditions by patients who have submitted legal applications for medical marijuana IDs but have yet to obtain them. The defence prevents a conviction, however, not a citation or arrest. 

 

Pediatric patients qualifying conditions

If the qualifying patient is younger than 18, the physician must be a pediatric gastroenterologist, pediatric neurologist, pediatric oncologist, or pediatric palliative care specialist. Here are the qualifying conditions of the pediatric patients: 

• Intractable Epilepsy
• Severe debilitating autism
• Terminal disease involving pain, anxiety, or depression that is related to the terminal illness
• A chronic or debilitating sickness or medical condition wherever they have failed treatment involving one or more of the following symptoms:
• Intractable nausea
• Cachexia (wasting syndrome)
• Severe, painful, and persistent muscle spasms

 

Delaware marijuana growing law

Delaware does not permit cultivation of marijuana.

 

Delaware public consumption law

 

Marijuana might not be used in any public place. The public-use or intake of an ounce or less of marijuana would be an unclassified misdemeanor punishable by a penalty of not more than $200 or custody for not more than five days.

 

Delaware cannabis DUI laws

Even in medical-use plus adult-use states, driving while under the influence is illegitimate. Though Delaware is a medically legitimate state, driving while under the influence of cannabis is illegitimate.

In Delaware, an individual is guilty of a DUI if they operate a car under the influence of any drug or have any illegal or recreational drug in their system within four hours of driving a car. 

Qualified medical cannabis patients cannot use this as an assenting legal defense, and any cannabis metabolite in an individual’s body could be used to convict them of a DUI. 

Anybody driving in Delaware has implied approval to a chemical test, and a denial to submit to such a test will revoke the driver’s license for at least one year. The officer might proceed with conducting the test even without the person’s approval.

 

Q: How Long Does It Take the State to Process an Application When I Submit All of the Paperwork?

Upon authentication of the info in an application submitted to the state, the Division of Health would approve or reject a complete application within 45 calendar days of receipt.

 

Q: How Much Medical Marijuana May I Own as a Registered Patient?

Patients are certified to purchase three ounces of marijuana each 14 days, for an entire of six ounces per month.

 

Q: What is a Designated Caregiver?

A designated caregiver is an individual selected by a qualifying patient as the individual certified, on the patient’s behalf, to own, get from an authorized dispensary, dispense, and help in the administration of medical marijuana. Caregivers must apply for a registration card and get a State and Federal background check worth three years. A caregiver is issued an ID card which permits them to buy up to three ounces of medical marijuana on behalf of their patient. It is not legal for caregivers to ingest medical marijuana.

 

Q: Can I Use Medical Marijuana Anyplace in Delaware?

No, marijuana use is not accepted on a school bus, the grounds of any preschool, primary or else secondary school or any correctional facility to comprise any health care treatment facility worked by the Department of Health or funded contractually by the Department of Health. Marijuana use is also not approved in any form of transportation or in any public place. 

 

Q: How Much Does a Medical Marijuana Card Cost in Delaware?

The doctor’s charge is $175 for new patients and $125 for renewal patients. There is a $50 application fee for the card process.

 

Q: Is recreational marijuana legal in Delaware? 

No. Only medical marijuana is legal in Delaware. However, present legislation is under consideration to authorize it for adult use.

 

Q: Could you get a medical marijuana card for anxiety in Delaware? 

Delaware’s list of qualifying disorders does not contain anxiety, except anxiety experienced in the face of a terminal disease. Though, there are provisions in the legislation that permit citizens to petition for the addition of new conditions.

 

Q: Can you get a medical card with a felony in Delaware?

There are no limits in the legislation that prevent felony from obtaining a medical card. There are felony restrictions that apply to caregivers and employees of testing facilities and care centers.

 

Q: Can you produce your own cannabis in Delaware? 

Cultivating cannabis in Delaware is not authorized by law and can result in imprisonment or a punishment depending on the weight of the plants. 

 

Q: Are vape pens approved in Delaware? 

Medical marijuana inhalation devices are legitimate in Delaware. State accredited dispensaries offer vape cartridges.

 

Q: When does Delaware medical marijuana card expire? 

Cards expire one year after the date of issue. To maintain a Medical Marijuana ID card, a patient or caregiver must yearly submit a renewal application, including recertification from their doctor. 

 

Conclusion

Medical marijuana in Delaware is illegitimate. The state is presently in a transitional period between medical marijuana plus recreational marijuana. The law does not allow the sale of marijuana or any other drugs. To enjoy the benefits of a medical marijuana card, it must be prescribed by a physician. The law also permits the ownership of up to six ounces of marijuana by doctors with a medical marijuana card.