RECOMMENDING CANNABIS IN DELAWARE
Medical professionals recommending medical cannabis must be a physician properly licensed in the state of Delaware subject to Chapter 17 of Title 24. Only state licensed psychiatrists can recommend medical cannabis for post-traumatic stress disorder. Physicians must state that their patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.
A written certification shall be made only in the course of a bona fide physician-patient relationship where the qualifying patient is under the physician's care for her or his primary care or for her or his debilitating medical condition after the physician has completed an assessment of the qualifying patient's medical history and current medical condition. The bona fide physician-patient relationship may not be limited to authorization for the patient to use medical marijuana or consultation for that purpose. The written certification shall specify the qualifying patient's debilitating medical condition.
Qualifying conditions include:
- Terminal Illness
- Human Immunodeficiency Virus (HIV)
- 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
- Chronic Debilitating Migraine
- Anxiety (CBD Rich Card Only)
Or the treatment of these conditions, a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
- Cachexia (Wasting Syndrome)
- Severe, debilitating pain, that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects
- Intractable Nausea
- Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis
- Any other medical condition or its treatment added by the Delaware Department of Health and Social Services.
- This form can be found on pages 3-4 of the patient application.
- Certifying physicians are required to complete both pages of this form.
- Certifying physicians must be licensed in Delaware as a Medical Doctor (MD), Doctor of Osteopathic Medicine (DO), Advanced Practice RN (APRN), or Physician Assistant (PA)
- Patients must attain a new physician certification each year to renew their ID card with the Medical Marijuana Program.
- The Office of Medical Marijuana faxes this form to the certifying physician when a patient application is received.
- Certifying physicians must initial the first statement to confirm their signature on the patient's application. Other statements may be identified for the physician's initials.
- Physicians must sign and date the second page.
Medical professionals have a legal right to recommend cannabis as a treatment in any state, as protected by the First Amendment. Established by a 2004 United States Supreme Court decision to uphold earlier federal court rulings that found doctors and their patients have a fundamental Constitutional right to freely discuss treatment options.
More resources for medical professionals can be found here.
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