Delaware

A Legal Medical Cannabis Patient:

• Must be 18 years of age or older or be a pediatric patient with parental consent.
• Is a Delaware resident with proof of residency, a Delaware driver’s license, or a state-issued ID.
• Has a qualifying medical condition. As of 2024, House Bill 285 removed the fixed list of qualifying conditions. A licensed Delaware health care practitioner may now certify any patient with a diagnosed medical condition for which cannabis may provide therapeutic or palliative benefit.
• Has a Health Care Practitioner Certification from a Delaware-licensed MD, DO, APRN, or PA, or qualifies to self-certify (age 65+).
• Holds a valid registry identification card. Cards may be issued for 1, 2, or 3 years (fees: $50 / $75 / $100). Patients diagnosed with a terminal illness receive a card with an indefinite expiration date.

ENROLLMENT INSTRUCTIONS

Step 1: Meet with a qualifying health care practitioner.

Your practitioner must hold an active Delaware license as an MD, DO, APRN, or PA. They will evaluate whether cannabis may benefit your condition.

Health Care Practitioner Certification form.

Step 2: Complete the patient application.

Apply online or with a paper application. Complete the entire application, including your practitioner’s signed certification (or your self-certification if you are age 65 or older).

Please Note: In order for you to apply online for a Medical Marijuana ID card, your physician must be registered in the system to accept online applications. Please contact your physician and ask if they have registered in the online application program.

Step 3: Submit proof of residency.

Upload or include a clear copy of your Delaware driver’s license or state-issued ID.

Step 4: Pay the non-refundable application fee.

• 1-year card: $50
• 2-year card: $75
• 3-year card: $100

Payment may be made online, by check, or by money order payable to the State of Delaware.

Step 5: Await approval.

Applications are reviewed by the OMC. Once approved, you may download a digital card to your phone or receive a physical card by mail. Visit omc.delaware.gov.

PATIENT RENEWAL

Renewal Steps

To complete a renewal online, patients visit the Delaware Medical Marijuana Portal, log in with their existing credentials, and click the "Renewal" button for their most recent medical card. CMed

Paper applications are also accepted. The renewal application form (same form used for new patients, with "Renewing Patient" checked), a copy of your Delaware driver's license or state-issued ID, and payment must be mailed to:

Office of the Marijuana Commissioner ATTN: MMP, Suite 140 417 Federal Street, Dover, DE 1990

Renewal fees are the same as the initial application fees. 

ENROLLING MINOR PATIENTS

Patients under 18 years of age may only access cannabis oil products. A parent or legal guardian must apply on behalf of the minor patient and serve as the designated caregiver.

Health care practitioners certifying patients under 18 must be pediatric neurologists, pediatric gastroenterologists, pediatric oncologists, or pediatric palliative care specialists.

A designated caregiver may purchase and possess medical cannabis on behalf of a registered patient. To qualify:

• Be 21 years of age or older, or be the parent or legal guardian of a minor patient.
• Have not been convicted of an excluded felony offense.
• Be a Delaware resident with proof of residency (Delaware driver’s license or state-issued ID).
• Complete a statewide and federal criminal history background check through the Delaware State Bureau of Identification (SBI). Include a copy of the SBI receipt with your application.
• Have agreed to assist the patient with their medical use of cannabis.

Apply through the OMC caregiver application portal or with a paper application. You will need the patient’s 10-digit registry identification number to apply.

Dispensaries (Compassion Centers):

After your enrollment is approved, you may purchase medical cannabis at a licensed Delaware compassion center. Home delivery is also available. Find a compassion center near you.

What to Bring:

• Your valid Delaware medical cannabis registry card (digital or physical)
• Government-issued photo ID
• A list of your current medications (recommended for your first visit)
• Payment for your medicine. Insurance does not cover the cost of medical cannabis

Possession and Purchase Limits:

• Possession: up to 6 ounces of usable cannabis
• Purchase: up to 3 ounces per 14-day period

Home Cultivation:

Under the Delaware Patient Right to Grow Act (Title 16, Chapter 49A), registered patients and designated caregivers who receive Department approval may cultivate medical cannabis at their home address of record. Cultivation requires prior written approval from the Department. The following requirements apply:

• Plant limits: up to 6 mature plants and 6 immature plants per registered qualifying patient. A designated caregiver may cultivate for up to 3 registered qualifying patients.
• Location: Plants must be cultivated at the home address of record for the registered patient or designated caregiver.
• Tagging: Each plant must have a tag containing the registered patient’s name, address, and registry identification number.
• Facility: Cultivation must take place in an enclosed, locked facility with an electrical system compliant with all state and local codes.
• Waste: All cannabis waste must be disposed of safely, in the manner required by regulations for compassion centers.
• Prohibited methods: No pesticides may be used. Cannabis may not be manufactured using compressed, flammable gas as a solvent.
• Monthly records: Detailed monthly records must be maintained regarding the amount of cannabis being cultivated.
• Inspections: The Department may conduct random inspections. Unless there is credible reason to suspect a violation, inspections are limited to 2 per location per 12-month period. At least 5 days must be provided to correct a violation, along with the opportunity for a hearing, before approval is revoked. Patients and caregivers have at least 5 days after a final revocation decision to properly dispose of plants.
• Landlord and HOA rights: A landlord, homeowners association, or common interest community may prohibit home cultivation at their property.

Need tips on home cultivation?

Cannabis Product Safety:

Cannabis, in its natural form, is inherently safe for most patients, but it is especially susceptible to contaminants during cultivation, manufacturing, handling & even storing. Whether you are purchasing cannabis from regulated, grey, or illicit markets or cultivating your own cannabis, you should be aware of the contaminants commonly found in cannabis and the symptoms that accompany their presence.

Products sold in Delaware's dispensaries and adult-use retail locations must be tested for contaminants, pesticides, and adulterants based on these thresholds set by state regulators.  For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."

It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Delaware.

Registered patients may use medical cannabis on private property.

Patients may NOT use or possess medical cannabis in:

• Any school bus or the grounds of any preschool, primary, or secondary school
• Any correctional facility
• Any motor vehicle (as operator or passenger)
• Any private residence used for licensed childcare, foster care, or similar social service care
• Any public place (per Title 16, Chapter 49A)

Under Title 16, Chapter 49A

• Smoking cannabis on any property where a guest, client, customer, or visitor is present, unless the person in lawful possession of that property specifically permits it
• Ingesting cannabis in any workplace, or working while under the influence

Further, under the Delaware Marijuana Control Act (HB 2):

• Cannabis smoking is not allowed in any place where smoking tobacco or e-cigarettes is banned. Per the Delaware Clean Indoor Air Act, this includes restaurants, bars, taverns, grocery stores, hospitals, clinics, gaming facilities, libraries, auditoriums, theaters, public meeting areas, courtrooms, daycare facilities, private home areas used for daycare, indoor sports arenas, and at least 75% of hotel or motel guest rooms.
• Outdoors, cannabis use is prohibited within 10 feet of a sidewalk, street, alley, parking lot, park, playground, store, restaurant, or any other area to which the general public is invited. Use is also prohibited within 10 feet of entrances, exits, open windows, or ventilation intakes of any public or private building. 
• It is illegal to smoke cannabis in any form while on transportation. Smoking while in a vehicle may result in a DUI charge.

Cannabis Expungement: 

In 2019, anyone under the age of 21 who has been convicted of possessing a “personal use quantity” is eligible for mandatory expungement. Those convicted of a “single offense” that is related to cannabis “possession, use, or consumption” prior to December 18, 2015 are also eligible for mandatory expungement. For more information on adult expungement see Delaware's Adult Expungement Instruction Packet.

Delaware has an adult-use cannabis program, but registering as a medical cannabis patient still offers important benefits. While the medical program may require additional steps, registration can provide patients and caregivers with added support, stronger protections, and access to medical guidance.

Federal Protections Apply Only to Registered Patients

Some federal protections are now available, but only to patients who are officially registered in their state’s medical cannabis program.

A federal order issued April 28th,2026,  AG Order No. 6754-2026, treats a state medical cannabis certification or registration as similar to a prescription under federal law.  This means that being registered is not just a state requirement; it may also affect whether a patient qualifies for federal protections.

To receive these protections, a patient’s registration must stay active, current, and in good standing. Learn more here.

Legal Protections:

Under Title 16, Chapter 49A, registered patients and caregivers are protected from arrest, prosecution, civil penalty, or disciplinary action when they possess allowable amounts of cannabis and follow all program rules. A valid registry card creates a legal presumption of lawful conduct. Having or applying for a registry card alone cannot be used as probable cause or reasonable suspicion to search a person, residence, or property.

Privacy Protections:

Information received and records maintained by the Office of the Marijuana Commissioner for purposes of administering the Medical Marijuana Program is confidential, exempt from the Delaware Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized state employees to perform official duties under the program: patient and caregiver applications, renewals, and supporting documentation; compassion center and safety compliance facility applications; and the names and other identifying information of registry cardholders. 

Patient records are also subject to applicable federal privacy laws, including HIPAA.

Civil Protections:

• Employment: Delaware law prohibits employers from discriminating against registered patients in hiring, termination, or other conditions of employment solely on the basis of their patient status or a positive drug test for cannabis.
• Housing: No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a registered cardholder. This means a landlord may not use a tenant's patient status as the sole basis for refusing to lease to, or penalizing, a registered patient. 
• Note: The statute does not require property owners to permit smoking cannabis on their property.
• Child Custody: A person otherwise entitled to custody, visitation, or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct permitted under the Delaware Medical Marijuana Act — unless the person's actions in relation to cannabis created an unreasonable danger to the safety of the minor, as established by clear and convincing evidence.
• Organ Transplant:For purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of cannabis under the Delaware Medical Marijuana Act shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
• Tax Benefits: Delaware does not have a statewide retail sales tax, and there is no excise tax on medical cannabis purchases. Registered patients pay no state cannabis tax on purchases at licensed compassion centers

Keeping the Medical Program Strong:

Enrollment helps demonstrate continued patient need for Delaware’s medical cannabis program. A strong registry helps protect and sustain the program, supports continued access for patients with serious health needs, and reinforces the importance of maintaining a medical pathway alongside adult-use access.

Delaware accepts patients with valid medical cannabis cards from other states. Out-of-state patients may purchase cannabis at Delaware compassion centers by applying for a visiting patient registration.

To apply:

• Open the visiting patient application at patients.de.biotr.ac/application_visiting_patient/
• Complete all requested information
• Upload your state-issued driver’s license
• Upload your home-state medical cannabis ID card
• Sign the application
• Pay the $20 application fee
• Submit

Your visiting patient card expiration date will match the expiration date on your current home-state medical cannabis card.

*UPDATE: AG ORDER NO. 6754-2026 CHANGED FEDERAL CANNABIS LAWS  ON APRIL 28, 2026: Learn more here.

Federal cannabis laws affect far more than whether a patient can access medical cannabis. For decades, federal prohibition has limited protections for medical cannabis patients under laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). As a result, patients have often been denied the basic protections that people with other serious health conditions expect in employment, housing, healthcare, and access to federal programs.

Federal prohibition has also affected patients’ access to essential healthcare, housing, and financial support programs, sometimes forcing patients to choose between the medicine they need and the benefits they depend on. It has also created barriers to federal employment, healthcare autonomy, firearm ownership, and other aspects of daily life.

As federal and state cannabis laws change, implementation matters. Advocates must stay vigilant to ensure public agencies, private institutions, employers, housing providers, and healthcare systems update their policies in ways that respect patient rights and protect safe, legal access to medical cannabis.

It is important to stay active, engaged, and informed. Sign up to get ASA updates and learn more about ending patient discrimination. 

Rights and protections for medical cannabis patients are evolving. In some cases, outdated policies may impact how patients are treated. In other cases, like those in the military, policy changes will have to come from Washington, DC. In the case of organ transplants, stigma still plays a role in medical cannabis patients having access to life-saving treatment, even if state laws ban discrimination.  Please use the resources below to better understand patient rights and how to navigate these programs and services.