2023 Delaware Code
Title 16 - Health and Safety
Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT
§ 4908A. Registration of qualifying patients and designated caregivers [For application of this section, see 82 Del. Laws, c. 246, § 5].
(a) The Department shall issue registry identification cards to qualifying patients who submit all of the following, in accordance with the Department's final regulations:
(1) A written certification issued by a health-care practitioner within 90 days immediately preceding the date of an application.
(2) The application or renewal fee.
(3) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless no address is required.
(4) The name, address, and telephone number of the qualifying patient's health-care practitioner.
(5) The name, address, and date of birth of the designated caregiver, if any, chosen by the qualifying patient.
(6) For a compassionate use card, the patient's informed consent and health-care practitioner verification under subsection (c) of this section.
(7) A statement signed by the qualifying patient, pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(8) A signed statement from the designated caregiver, if any, agreeing to be designated as the patient's designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(b) Registry identification card applications shall be available no later than the day the Department publishes final regulations.
(c) The Department shall issue a compassionate use card to an individual who is eligible for a compassionate use card and who submits all of the following, in accordance with the Department's final regulations, in addition to the requirements under subsection (a) of this section:
(1) A signed statement from the patient's health-care practitioner that includes statements attesting to all of the following:
a. The patient has a severe and debilitating condition.
b. All current standard care practices and treatments have been exhausted and have been ineffective or the side effects are prohibitive with continued use.
c. The health-care practitioner will re-evaluate and document the efficacy of medical marijuana treatment.
d. There are grounds supporting the potential for the patient to benefit from using medical marijuana.
(2) a. If the patient is an adult, a signed statement from the patient acknowledging the patient's informed consent to treatment with medical marijuana and that the patient knows that there is limited or no evidence associated with medical marijuana's effectiveness in treating a condition that is not a debilitating medical condition under this chapter.
b. If the patient is under 18 years of age, a signed statement from the patient's parent or legal guardian acknowledging the patient's informed consent to treatment with medical marijuana and that the patient's parent or legal guardian knows that there is limited or no evidence associated with medical marijuana's effectiveness in treating a condition that is not a debilitating medical condition under this chapter.
(d) (1) An adult is eligible for a CBD-rich card if the individual complies with subsection (a) of this section and the written certification from the patient's health-care practitioner recommends medical marijuana for the treatment of anxiety or other condition approved by the Department for treatment with cannabidiol-rich medical marijuana.
(2) A patient who qualifies for a CBD-rich card may only receive cannabidiol-rich medical marijuana products.
