standard-title Delaware Medical Marijuana

Delaware Medical Marijuana

Delaware Medical Marijuana

On May 13, 2011, Governor Jack Markell (D), signed into law Senate Bill 17, effective July 01, 2011, after it was approved by the House 27-14, and the Senate 17-4.

Senate Bill 17 protects a patient from arrest if he or she has a written certification from their physician, stating that they may “benefit from the therapeutic use of medical marijuana”, where the patient has a specified debilitating medical condition. All certified patients are required to send a copy of the written certification to the state Department of Health and Social Services, upon receipt of which, the Department will issue the patient with a Delaware ID card, validating the information. No arrests may be made, so long as the patient remains in compliance with the law.

Delaware allows for state-regulated, non-profit distribution of medical marijuana by compassion center, also known as a dispensary.


Delaware Department of Health and Social Services
Division of Public Health
Phone: 302-744-4749
Fax: 302-739-3071
WebsiteDelaware Medical Marijuana Program

Note from State, on sources for medical marijuana
“The State currently recognizes properly permitted compassion centers as the only legal way to obtain marijuana” Medical Marijuana Questions & Answers [Accessed March 01, 2016]  
The Delaware Patient Registry application fee is $125, however, a sliding scale fee is available, based on income. The Delaware Marijuana Registry is mandatory, and does NOT accept other state’s registry cards.

The State of Delaware has a legalized medical marijuana program, which allows patients to receive a medical marijuana recommendation from a certified physician, and apply for a state-issued Delaware Medical Marijuana ID Card, permitting the patient to grow and/or purchase marijuana for medicinal use, as per Delaware state guidelines. 

Since the Delaware medical marijuana program is still changing their laws and new Delaware medical marijuana laws are being enacted on a regular basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Delaware medical marijuana program. Please click a corresponding link to find out more about Delaware’s Medical Marijuana Program. We have compiled the following Delaware medical marijuana index of information to serve as a medical library to our users for legal reference of Delaware’s laws, guidelines and program details regarding medical cannabis use in Delaware.

Please note: In order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Delaware’s qualifying medical marijuana conditions, please visit our qualifying conditions section located on the top of our menu under “legal states”.


On February 12, 2012, Governor Markell posted the following statement (available on in its entirety), in response to a letter from US District Attorney Charles Oberly:

“I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers. To do otherwise would put our state employees in legal jeopardy and I will not do that. Unfortunately, this shift in the federal position will stand in the way of people in pain receiving help. Our law sought to provide that in a manner that was both highly regulated and safe.”

On August 15, 2013, Governor Markell sent a letter to Delaware lawmakers, stating his intention to relaunch the state’s medical marijuana program, despite earlier decisions to halt implementation.

On June 23, 2015, Governor Markell signed Senate Bill 90, “Rylie’s Law”, legally allowing the use of non-smoked cannabis oil that is no more than 7%, for minors with intractable epilepsy or dystonia. On June 26, 2015, the first Delaware medical marijuana dispensary opened, near Wilmington.


Delaware patients 18 and older, with certain debilitating conditions, may possess up to six ounces of marijuana, with a valid doctor’s recommendation. Registered compassion center’s may not dispense more than 3 ounces of marijuana to a registered qualifying patient in any fourteen-day period, and a patient may only register with one compassion center. Home cultivation is NOT allowed under any circumstance. However, Senate Bill 17 contains a provision that allows for an affirmative defense, for individuals found “in possession of no more than six ounces of usable marijuana.”



Find out Who Qualifies for Marijuana in Delaware in our definitive guide of Delaware’s qualification guidelines. Read up on medical conditions that are covered under Delaware’s medical marijuana program, age restrictions, criminal conviction restrictions, and more.


Read Delaware’s Full Medical Marijuana Laws to gain full specific knowledge of Delaware’s exact legal guidelines without interpretation. We suggest that you print Delaware’s Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Delaware’s laws for his knowledge.


Find out how to obtain a{n} Delaware Medical Marijuana Card with our guide to Delaware’s state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Delaware’s requirements.


Our list of Delaware Medical Marijuana Facts will help you seperate the facts from the myths in Delaware’s state program. Find out the truth from the leading source in marijuana education.