Delaware State Information Page
Current Legality State – Delaware
Decriminalized & Medical
- 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.
Current Legality State
Decriminalized & Medical
- 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.
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Is Cannabis Legal In Delaware ?
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.
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Delaware Qualifying Conditions For Medical Marijuana
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.
How to get a medical marijuana card in Delaware
These are the steps to getting a medical marijuana card with the help of Leafy DOC
-
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.
-
Evaluation
- Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.
-
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.
Book your appointment
- Easily make appointment online
- Skip unnecessary doctor office visits
- Provide basic medical history
Match with a Doctor
- Connect w/ the right doctor for you.
- Thorough evaluation via phone or video call.
- Provider will answer any questions.
Get your Medical Card
- Upon Approval you’ll receive confirmation email
- Receive a temporary card or card in the mail
- Enjoy the benefits of being a medical card holder!
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:
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.
