Under Senate Bill #17 a patient in the state of Delaware can only be kept from prosecution for possession and use of marijuana if her or his physician has given him or her a written, notarized, certificate that said patient has a specific and debilitating medical prognosis that has been shown to respond positively from the administration of medical marijuana. Patients are responsible for sending said documentation to the Delaware Dept of Health and Social Services — at which point the Department will send an official ID certificate to the patient, after all information on the application has been verified by a social worker. Patients who do not follow these guidelines are still subject to arrest for the possession and/or use of marijuana. This law became effective in July of 2011.

The yearly patient fee is $125.00, payable only to certified Compassion Centers in the state. For patients on Medicaid, a sliding fee scale is available.

Medical marijuana may be taken for the following conditions:

MLS; epilepsy; chronic stomach pain and nausea; chronic migraine; cancer; glaucoma; PTSD; cirrhosis of the liver; self-destructive autism; schizophrenia; any terminal illness as diagnosed by a licensed physician; multiple sclerosis; fetal alcohol syndrome; and any other medical condition that a licensed physician deems amenable to treatment with medical marijuana.

No home cultivation of marijuana is allowed in the state of Delaware. Patients may be in possession of not more than 6 ounces of medical marijuana during any fourteen day period.