Delaware Marijuana Laws and News

Whether you’re a medical cannabis patient or an aspiring cannabis worker in Delaware, it’s important to know the latest Delaware marijuana laws and legalization news.

Here, we cover everything you need to know about Delaware marijuana laws.

Is Cannabis Legal in Delaware? 

Yes, medical cannabis was legalized in 2011 with the Delaware Medical Marijuana Act (SB 17).

Delaware Recreational Cannabis Laws

Delaware became the 22nd state to legalize cannabis for recreational use on April 23, 2023. Two legalization-related legislation were approved by the Delaware General Assembly: House Bill 1 governs adults' personal use of marijuana for recreational purposes, while House Bill 2 creates and oversees the state's marijuana business.

What Does Delaware's Cannabis Law Allow?

Adults who are at least 21 years old are permitted to possess, use, transport, and distribute up to one ounce of cannabis or its equivalent in edibles or concentrates.

It is permissible to transport cannabis in a car as long as it is kept in a closed container or otherwise out of everyone's reach.

Up to six cannabis plants may be grown indoors for personal use, but they must be kept hidden from view.

What Does Delaware's Cannabis Laws Not Allow?

-Public cannabis consumption is prohibited.
-Driving while under the influence of cannabis is prohibited.
-Selling cannabis without a license is prohibited.
-More than one ounce of cannabis or its equivalent in other forms is prohibited.

What Consequences Result From Breaking Delaware's Cannabis Laws?

A punishment of up to $575 is imposed for possessing more than one ounce of cannabis but less than 175 grams, which is classified as a misdemeanor.

It is a crime to possess more than 175 grams of cannabis, with penalties of up to $25,000 in addition to a year in jail.

Operating a vehicle when impaired by cannabis is considered a misdemeanor, carrying a maximum $1,000 fine and a maximum six-month jail sentence.

What Is The State Of The Cannabis Market In Delaware?

Regulations for the cannabis sector intended for recreational use are presently being developed by the Delaware Division of Alcohol and Tobacco Enforcement (DATE). DATE anticipates starting to grant cannabis companies licenses in the first half of 2024.

The new cannabis legislation in Delaware represent a major breakthrough for the state. Legalizing marijuana for adults is a sensible move that will improve the economy, help create jobs, and lessen the stigma associated with marijuana use.

Delaware Medical Marijuana Laws

Delaware allows patients with a physician’s certification and a qualifying condition to apply for the medical cannabis program. Delaware marijuana laws, qualifying conditions for medical cannabis in the state.

Qualifying Conditions

For adult patients: Terminal illness, cancer, HIV/AIDS, decompensated cirrhosis, hepatitis C, ALS/Lou Gehrig’s disease, agitation of Alzheimer’s disease, PTSD, intractable epilepsy, autism with self-injurious or aggressive behavior, glaucoma, chronic debilitating migraines, or a chronic or debilitating disease or medical condition that produces one or more of the following: cachexia (wasting syndrome), severe, debilitating pain that has not responded to previously prescribed medication or surgical measure for more than 3 months, or for which other treatment options produced serious side effects, intractable nausea, seizures, severe or persistent muscle spasms, including those characteristic of multiple sclerosis

For minor patients: Intractable epilepsy or a chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms: autism with self-injurious or aggressive behavior, cachexia (wasting syndrome), intractable nausea, severe, painful, and persistent muscle spasms

Refer to the Medical Marijuana Program Qualifying Conditions for the most current list of qualifying conditions.

Patient Requirements

• $50 fee (registry ID card valid for one year from the date of issue)
• Must be 18 years of age or older; minor patients must meet additional requirements
• Physician certification and be diagnosed with a qualifying medical condition; Health care practitioners must be licensed in Delaware and be an MD (Medical Doctor) or DO (Doctor of Osteopathic Medicine), APRN (Advanced Practice RN), or PA (Physician Assistant)
• Completed application with all related forms and requirements

Caregiver Requirements

Cannabis caregivers assist card-holding medical patients with purchasing and administering cannabis.

• $125 fee
• Must be at least 21 years old or the parent or legal guardian of a minor child
• Background check, no excluding felony
• May have up to 5 patients (ID requirement for each patient)
• Completed application with all related forms and requirements

Medical Possession Limit

• Adult patients: 3 oz of flower every 14 days for a total of up to 6 oz of flower per month
• Minor patients: Limited to cannabis oil of at least 15% CBD and no more than 7% THC

Medical Cultivation Limit 

Home cultivation is prohibited in Delaware.

Home Delivery

Cannabis home delivery was temporarily allowed due to Delaware’s state of emergency declaration in response to the COVID-19 pandemic and then allowed permanently.

Unlawful

• Possession for personal use (up to 1 oz): Civil fine
• Possession of 1 oz to 175 gm: Misdemeanor
• Possession of over 175 gm: Felony
• Distribution of any amount: Felony
• Cultivation: Regulated as distribution based on the aggregate weight of the plants
• Possession, distribution, or cultivation of more than 5,000 gm: Felony trafficking

How Do I Apply for the Medical Marijuana Program in Delaware?

You can apply for the medical cannabis program online. The application will list the requirements. If your application is incomplete, it will be returned with resubmit instructions.

Applicants can submit their application on the Department of Health's medical cannabis website, or you may print the application from it and mail it to the Department. If requested, the Department will mail or email you an application.

Submit your completed paper application to:

Delaware Division of Public Health

Medical Marijuana Program

417 Federal St., Suite 140

Dover, DE 19901 

Where Can I Consume Medical Cannabis in Delaware?

Medical cannabis consumption is allowed in a private space.

Cannabis use is not allowed in the following spaces:

• School bus
• Grounds of any preschool, primary, or secondary school
• Any correctional facility, including any health care treatment facility operated by the Department of Health
• Any form of transportation
• Any public place

Does Delaware Accept Out-of-State Medical Cards?

Only Delaware residents can apply for the state’s medical cannabis program. Delaware does not accept out-of-state medical cannabis cards.

Cannabis Business Laws in Delaware

Delaware is a limited medical cannabis market state with three operators and six dispensaries, also known as compassion centers. Currently, the application process is closed.

Vertical Integration: Required

License Availability: No applications are currently being accepted

Licensing Fees: N/A

Inventory Tracking System: BioTrackTHC

Now that you know Delaware marijuana laws you might want to stop by Delaware sometime and visit a dispensary!