Delaware offers a pilot program for their medical marijuana program. Patients must be registered and currently the state has only authorize one dispensary to operate as part of the program. The Delaware dispensary is anticipated to open in April 2015.
01. What medical conditions will qualify a patient for medical marijuana?
The approved medical conditions for Delaware's medical marijuana program include: cancer, HIV/AIDS, hepatitis c, ALS, agitation of Alzheimer's disease, PTSD when it correlates to physical suffering, cachexia, seizures, severe muscle spasms, multiple scleroris, and severe and chronic pain when it is non responsive to previously prescribed medicine or surgery for more than 3 months.
02. What documentation do I need from the recommending physician to provide with my application?
A physician must fill out a certification as part of the application process identifying the qualifying debilitating condition.
03. Who can write a medical marijuana certification for a patient?
Only a Delaware licensed physician as defined by Title 24 Chapter 17 of Delaware Code can fill out the certification form. If the qualifying condition is PTSD the certification must be filled out by a licensed psychiatrist.
04. How much will it cost to apply for a registry identification card?
There is a $125 application fee. Patients who can demonstrate financial need may qualify for reduced fees.
05. Can minors register in the program?
No, Delaware requires patients to be 18 years or older.
06. What is the possession limit?
The possession limit is six ounces of usable marijuana.
07. Is registration optional or mandatory?
Registration is mandatory in Delaware to benefit from the protections of the law.
08. Does the state honor other states' registries?
No, Delaware has no reciprocity agreements with other states.
09. Can I choose any dispensary or do I have to designate a specific one?
Delaware has a Compassion Center program and does not require patients to designate a preferred center.
10. Can a physician revoke a patient's written certification?
A physician can specify a date earlier than the one year expiration data that the medical marijuana recommendation should expire. Patients are also required to notify the registry if their condition changes which would no longer qualify them for the program.
11. How do I renew my card?
The same full application is required for renewal and the renewal fee remains the same as $125.
12. What happens if I lose my card?
There is a lost card fee of $20. There is an online process for changes or lost card requests outlined on the application form.
13. How does the state law work with federal laws?
It is important to recognize that these state marijuana laws do not change the fact that using marijuana continues to be an offense under Federal law.
14. How can I become a designated caregiver?
A caregiver must be designated by a patient on their application form or change form. A caregiver must be over 21 and must also fill out a caregiver application, provide identification and agree to a criminal background check.
15. If I am a designated caregiver, can I grow marijuana?
No, only compassion centers in Delaware are authorized to cultivate marijuana.
16. Can I be both a qualifying patient and a designated caregiver?
There are no restrictions for caregivers from being able to also register as a qualifying patient outlined, please contact the registry for more information.
17. How do dispensaries, collectives and cooperatives work?
Delaware has a compassion center program where the first permits will be issued on July 1st 2014. Registered patients can visit the compassion center of their choice and compassion centers must operate on a not-for-profit basis. Several rules apply to compassion center operations.
18. How many dispensaries, collectives and cooperatives are allowed?
A limit on compassion centers is not outlined.
19. Who can cultivate marijuana?
Only compassion centers granted permits can cultivate marijuana.
20. What rules apply to cultivation facilities?
Several rules apply to compassion centers as cultivation facilities including zoning laws, security requirements and possession limits. Possession limits include no more than 150 marijuana plants and no more than 1,500 ounces of usable marijuana. Additional rules apply.
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