Delaware

Health care practitioners authorized to certify patients for the Delaware Medical Cannabis Program must hold an active Delaware license as one of the following:

• Medical Doctor (MD)
• Doctor of Osteopathic Medicine (DO)
• Advanced Practice Registered Nurse (APRN)
• Physician Assistant (PA)

For patients under 18, the certifying practitioner must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, or pediatric palliative care specialist.

Patients aged 65 and older may self-certify without a practitioner’s written certification.

By issuing a certification, the practitioner is expressing their clinical opinion that the patient has a diagnosed medical condition for which cannabis may offer therapeutic or palliative benefit. The certifying practitioner must be a Delaware-licensed MD, DO, APRN, or PA with a legitimate practitioner-patient relationship.

There is no formal registration requirement for practitioners to certify patients in the Delaware Medical Cannabis Program. Practitioners must complete and submit the Health Care Practitioner Certification form on behalf of each patient they certify. The OMC does not maintain or publish a public list of certifying practitioners.

As of 2024, House Bill 285 removed the fixed list of qualifying conditions. Delaware-licensed MD, DO, APRN, and PA practitioners may now certify any patient with a diagnosed medical condition for which, in their clinical judgment, cannabis may provide therapeutic or palliative benefit. This open-ended standard replaces the prior enumerated list.

For reference, conditions previously listed as qualifying included: cancer, HIV/AIDS, ALS, PTSD, terminal illness, chronic debilitating disease producing cachexia, intractable nausea or vomiting, wasting syndrome, severe or intractable chronic pain, seizures, severe and persistent muscle spasms, and agitation of Alzheimer’s disease, among others.

Step 1: Evaluate the patient.

Conduct a clinical evaluation. Determine whether the patient has a diagnosed medical condition for which cannabis may provide therapeutic or palliative benefit. 

Step 2: Complete the Health Care Practitioner Certification form.

Download and complete the Health Care Practitioner Certification form. This form documents your diagnosis, your clinical opinion that cannabis may benefit the patient, and your practitioner credentials. Give the completed, signed form to the patient for inclusion with their program application.

Step 3: Maintain records.

Retain documentation of your evaluation and certification in the patient’s medical record per standard clinical practice and Title 16, Chapter 49A requirements.

Registered patients must be recertified by a participating health care practitioner before their registry card expires. Delaware offers 1-, 2-, and 3-year card terms, so recertification timelines will vary by patient.

To recertify a patient, you must:

• Hold an active Delaware license as an MD, DO, APRN, or PA
• Have a bona fide health care practitioner-patient relationship with the patient — meaning the relationship extends beyond cannabis certification alone
• Complete a full assessment of the patient's current medical condition and medical history
• Complete and sign a new Health Care Practitioner Certification form
• Identify the patient's medical condition on the certification form

You may begin the recertification process up to 90 days before the patient's current registry card expires. Patients are encouraged to plan ahead to avoid any gap in their enrollment.

The patient is responsible for submitting the completed certification form along with their renewal application and fee to the Office of the Marijuana Commissioner. The certification form is only valid for 90 days from the date of your signature, so timing matters.

A patient is not required to return to their original certifying practitioner for recertification. Any participating health care practitioner who can establish the required bona fide relationship may recertify them.

Patients aged 65 and older may self-certify at renewal and do not require a signed practitioner certification.

Patients with a terminal illness are issued a registry card with no expiration date and do not require recertification.

Medical professionals have a legal right to recommend cannabis as a treatment in any state, as protected by the Medical Marijuana and Cannabidiol Research Expansion Act (Title III, Section 301), which became law on December 2, 2022, and the First Amendment, as established by a 2004 United States Supreme Court decision upholding earlier federal court rulings that physicians and their patients have a fundamental constitutional right to freely discuss treatment options.

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