Delaware Medical Marijuana Qualifying Conditions

Delaware's Medical Marijuana Act under 16 Del.C. ss 4902A covers cancer, decompensated cirrhosis, ALS, agitation of Alzheimer's disease, PTSD, autism spectrum disorder with self-injurious behavior, Tourette syndrome, glaucoma, HIV/AIDS, intractable epilepsy, severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months, severe nausea, seizures (including epilepsy), severe and persistent muscle spasms (including those characteristic of MS), terminal illness, cachexia or wasting syndrome, anxiety, and chronic debilitating migraines.

Yes. Under 16 Del.C. ss 4904A, Delaware residents aged 65 or older may self-certify for a Delaware medical marijuana card without a physician's recommendation. The patient submits the application directly to the Delaware Office of Medical Marijuana (OMM) with proof of age and Delaware residency. This is one of the most unusual program features in any state medical marijuana program.

Yes, with a statutory threshold. 16 Del.C. ss 4902A covers 'severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months OR for which other treatment options have produced serious side effects.' The certifying Delaware physician documents both the 3-month duration AND the failure of prior treatment (or serious side-effect history).

Yes. Anxiety was added to Delaware's enumerated qualifying conditions under 16 Del.C. ss 4902A in 2018. The certifying Delaware physician documents the clinical anxiety diagnosis. This makes Delaware one of the more permissive closed-list states for anxiety-primary certifications.

Yes. PTSD is one of the enumerated qualifying conditions under 16 Del.C. ss 4902A. Documentation from a mental-health provider, primary care physician, or VA medical record (the Wilmington VA Medical Center or community-based outpatient clinics in Dover, Sussex, or Kent County) supports certification.

Yes, with a severity threshold. 16 Del.C. ss 4902A covers 'autism spectrum disorder with self-injurious behavior.' The autism must be accompanied by documented self-injurious behavior; mild or moderate autism without self-injurious behavior does not satisfy the statutory standard. Pediatric certification requires parent or legal-guardian consent.

Delaware-licensed physicians need medical records that document your diagnosis of one of the listed qualifying conditions. For the chronic-pain qualifier specifically, documentation of the 3-month duration AND prior treatment failure or serious side effects is essential. Acceptable records include notes from a primary care physician or specialist, hospital records, pharmacy records, and VA records. MMJ.com's Delaware-licensed physicians review uploaded records during the telehealth visit and submit the certification to the Delaware OMM.