Delaware Cannabis License Guidelines

Office of Medical Marijuana

Licensing and Enforcement

The mission of the Office of Medical Marijuana (OMM) is to protect Delawareans through proactive monitoring and enforcement of the Delaware Medical Marijuana Act and accompanying regulations. Rigorous inspection of the regulated vendors minimizes the risk to human health and environmental impact. OMM accomplishes this mission by:

  • Working with the regulated vendors to ensure safe and effective products are available to Delaware’s registered patients
  • Stringent control of product inventory to eliminate diversion and use of Medical Marijuana products by non-patients
  • Briefing the medical community on their protections and limitations involving the Medical Marijuana Program
  • Involving state and local community leaders in discussions pertinent to issues affecting communities
  • Close coordination with state and local law enforcement on concerns dealing with the Compassion Centers
  • Responsiveness to Delaware’s registered patients

Delaware Cannabis Law & Compliance

Several laws and ordinances regulate the Delaware medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

I live in another state and have one of the eligible debilitating medical conditions. Can I apply for the program?

No. Only Delaware residents can apply for the Delaware Medical Marijuana Program.

Is my confidentiality protected when I apply and if I am approved for the use of medical marijuana?

Yes. The following information received and records kept by the Delaware Department of Health Medical Marijuana Program are subject to all applicable federal privacy laws. These records are confidential, are exempt from the Freedom of Information Act and are not subject to disclosure to any individual, public or private entity, except as necessary for authorized employees of the department to perform official duties for the Medical Marijuana Program.

  • Applications or renewals, their contents, and supporting information submitted by patients and caregivers.
  • The individual name and other information identifying the person to whom the Delaware Division of Public Health Medical Marijuana Program has issued registry identification cards.

Can I use medical marijuana anywhere in Delaware?

No. Marijuana use is not authorized on a school bus, the grounds of any preschool primary or secondary school or any correctional facility to include any health care treatment facility operated by the Department or funded contractually through the Department. Marijuana use is also not authorized in any form of transportation or in any public place. Click here for the Protections and Limitations of applicants registered in the Medical Marijuana Program.

How do I apply for the Medical Marijuana Program?

Applications may be completed online here. The medical marijuana application process has been made as easy as possible for individuals to complete. The application lists the requirements. READ THE APPLICATION CAREFULLY. Applicants may submit their applications using the Department’s website or applications may be printed from the website here and mailed into the department. If requested, the department will mail or email an application to you. If you choose to submit a paper application, completed applications can be mailed to:

Delaware Division of Public Health
Medical Marijuana Program
417 Federal St., Suite 140
Dover, DE 19901

What are the qualifying conditions?

  • Cancer
  • Terminal Illness
  • Positive status for Human Immunodeficiency Virus (HIV Positive)
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Decompensated Cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
  • Agitation of Alzheimer’s Disease
  • Post-Traumatic Stress Disorder (PTSD)
  • Autism with aggressive behavior
  • Glaucoma
  • Chronic Debilitating Migraine
  • Anxiety (CBD Rich Card Only)
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following;
    • Cachexia or Wasting Syndrome
    • Severe debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects.
    • Intractable Nausea
    • Seizures
    • Severe and persistent muscle spasms, including but not limited to those characteristics of Multiple Sclerosis.

Which medical health care practitioner can certify me for medical marijuana?

Your health care practitioner MUST be licensed to practice in Delaware and be a MD (Medical Doctor) or DO (Doctor of Osteopathic medicine) APRN (Advanced Practice RN), or PA (Physician Assistant). The health care practitioner must also have a bona fide relationship with the patient they are certifying for medical marijuana.

Do I have to buy my marijuana from one of the dispensaries?

Yes. To be protected under the Delaware Medical Marijuana Act, your marijuana must be labeled from one of the authorized dispensaries.

Can I grow my own marijuana?

No. Patients and caregivers are not authorized to grow or cultivate marijuana.

Delaware Cannabis License Types

Dispensary/Compassion Centers

Applicants shall only be accepted during an open application period announced by the Department and shall include the following items:

  • A non-refundable application fee, made payable to the Division of Public Health, Medical Marijuana Program, in the amount of $5,000.
  • The proposed legal name, articles of incorporation and bylaws of the compassion center
  • The proposed physical addresses of the compassion center, including any additional addresses to be used for the secure cultivation of medical marijuana

Testing Facility/Safety Compliance Facilities

A Safety Compliance Facility may only operate if they have been issued a valid registration certificate from the Department, When applying for a Safety Compliance Facility registration certificate, the applicant shall submit the following in accordance with these regulations.

  • The proposed name of the Safety Compliance Facility;
  • The proposed physical address of the Safety Compliance Facility;
  • The name, address, and date of birth of each principal officer and board member of the Safety Compliance Facility; and
  • Any information required by the Department to evaluate the applicant pursuant to the competitive bidding process.

 

After a Safety Compliance Facility has been approved, but before it begins operations, it shall submit a registration fee paid to the Department in the amount of $40,000. 

Registration certificates may be renewed every two years.  The registered SCF may submit a renewal application 90 days prior to the expiration of its registration certificate.  The Department shall grant a renewal application within 30 days of the submission if the $40,000 renewal fee is paid and no conditions exist that would cause the SCF to lose its certificates. The $40,000 renewal fee will be refunded if the application is rejected.

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