Delaware Marijuana Laws
Delaware State Information Page
- Medical Marijuana Program only
- Decriminalized statewide for minor possession
- Medical patients can possess up to six ounces of marijuana per month; recreational possession is illegal.
- Cultivation of recreational marijuana is illegal, and medical patients are not allowed to grow at home.
Medical cannabis has been legal in Delaware since 2011; however, recreational laws have not yet caught up. The General Assembly recently blocked efforts to legalize marijuana fully within the state and Governor John Carney continues to oppose legalization efforts.
State Laws and Offenses
Here’s a list of penalties for Delaware’s possession, sale, and distribution of marijuana, concentrate, or paraphernalia:
- Marijuana is a Schedule I substance in the state of Delaware
- Federally, cannabis is still considered a Schedule I Controlled Substance
- The personal use quantity of marijuana is considered up to one ounce.
- Cannabis possession of more than one ounce but less than 175 grams of marijuana is an unclassified misdemeanor. If one or more aggravating factors are involved, possession is a class B misdemeanor.
- Distribution, Sale, or Manufacture of fewer than 1,500 grams is a Class D felony or Class E felony depending on offense frequency. You must apply for manufacturing licenses to do this legally.
- Any person who uses or possesses drug paraphernalia to use or possess a personal-use quantity of marijuana shall be assessed a civil penalty of not more than 100.00 USD.
The following is a list of the most common conditions that qualify for medical marijuana in Delaware:
- Cancer
- Terminal Illness
- Positive status for Human Immunodeficiency Virus (HIV Positive)
- 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
- Glaucoma
- Chronic Debilitating Migraine
- Anxiety (CBD Rich Card Only)
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following;
- Cachexia or Wasting Syndrome
- 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 produced serious side effects.
- Intractable Nausea
- Seizures
- Severe and persistent muscle spasms, including but not limited to those characteristics of Multiple Sclerosis.
- Any citizen may petition the Department to add certain serious illnesses or treatments to the list of debilitating medical conditions. This is accomplished by petitioning the Department for consideration of an illness.
- Depending on a recommendation from a pediatric oncologist, pediatric neurologist, pediatric gastroenterologist, or pediatric palliative care specialist, a child can be considered a qualifying patient under certain circumstances.
1.
Book An Appointment
You will schedule an appointment to see a medical marijuana doctor in Delaware at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.
2.
Evaluation
Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.
3.
Approval
Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Delaware to complete the registration process.
When does my Delaware medical card expire?
Medical cards expire one year from the date the patient completes the registration process with the state.
Delaware marijuana DUI laws
The penalties for driving under the influence of medical marijuana in Delaware are as follows:
- The First offense is imprisonment for no more than twelve months; a maximum 1,500 USD fine; 12-month license suspension. The judge may suspend any period of imprisonment.
- The Second offense is Imprisonment for sixty days to no more than eighteen months, a maximum of 2,500 USD fine; a 24-month license suspension. The court may suspend the minimum sentence with the completion of the Court of Common Pleas Driving Under the Influence Treatment Program, including a minimum of 30 days of community service under the alcohol and tobacco enforcement laws.
- The third offense is a felony; imprisonment no less than one year and no more than two years; a 5,000 USD fine. The court may suspend up to nine months of a minimum sentence to complete both a drug and alcohol abstinence program and a drug and alcohol treatment program with regular drug testing.
Delaware public consumption laws
Delaware residents or visitors are not allowed to use marijuana in any public place., it must only be used on private property. The general use of marijuana could result in a misdemeanor punishable by a fine of 200 USD or imprisonment for up to five days.
Delaware city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
In a recent poll, 61 percent of Delaware voters supported the legalization of marijuana for medical use.
Marijuana is currently not legal for recreational use in the state of Delaware. Due to the medical program that has been established, marijuana use will be permitted for medicinal purposes only. Those that have applied and obtained a Delaware cannabis license, a legal guardian, or a designated caregiver will be allowed possession.
Medical marijuana inhalation devices are legal in the state of Delaware. State-licensed dispensaries offer vape cartridges for purchase by adult patients and caregivers.
No. The state’s medical marijuana law does not authorize patient or caregiver home cultivation allowances.
Yes. Delaware medical marijuanas laws require all qualified patients to be registered with the Medical Cannabis Patient Registry Program before using cannabis for medicinal purposes.
- Be 18 years of age or older or be a pediatric patient with parental consent.
- Be diagnosed with a qualifying medical condition.
- Have a Health Care Practitioner Certification from a Delaware licensed MD, DO, APRN or PA.
- Be a Delaware resident with proof of residency.
Then, you’ll need to register:
- Step 1 – Health Care Practitioner Certification
- Step 2 – Complete the Patient Application
- Step 3 – Pay the non-refundable application fee of 50 USD.
- Step 4 – Submit proof of age and residency to qualify for a Delaware medical marijuana card.
Cannabis Policy Reform Timeline
2011: Governor Markell signed a legalization bill to allow medical cannabis for qualifying patients with severe and debilitating conditions.
2015: The first medical cannabis clinic opened in Wilmington, DE
2017-2021: Efforts have been made via the Delaware Marijuana Control Act and blocked to legalize cannabis for adult use.
2022: The General Assembly blocked House Bill 150 to legalize; marijuana supporters will continue to push for legalization on the ballots for this year
Some of the Current Cannabis Bills in Delaware
- DE HB305 - An Act To Amend Titles 4, 11, 16, And 30 Of The Delaware Code Relating To Creation Of The Delaware Marijuana Control Act
- DE SB204 - An Act To Amend Title 29 Of The Delaware Code Relating To Drug Testing By The Department Of Services For Children, Youth, And Their Families.
- DE HB241 - An Act To Amend Titles 4, 10 And 16 Of The Delaware Code Relating To Underage Possession Of Marijuana And Alcohol
- DE SB60 - An Act To Amend Title 16 Of The Delaware Code Relating To Medical Marijuana.
- DE HB150 - An Act To Amend Titles 4, 11, 16, And 30 Of The Delaware Code Creating The Delaware Marijuana Control Act.
Learn more about Cannabis legalization in Delaware:
Updated 6.14.2022