Delaware Marijuana Laws

As marijuana popularity and acceptance increase, advocates and supporting lawmakers across the U.S. keep working to ensure citizens get undeterred access.

This advocacy has translated to 37 states legalizing marijuana for medical use, and that begs today’s question – is marijuana legal in Delaware? Yes, but only for medical purposes.

In Delaware, registered patients may buy and possess medical marijuana, but The First State still lags on recreational marijuana.

So, what are the marijuana laws in Delaware, and how long before we see recreational marijuana in the state? 

Is Medical Marijuana Legal in Delaware?

Delaware legalized medical marijuana in June 2011 when Governor Jack Markell signed the Delaware Medical Marijuana Act.

The act states that humans have used marijuana as medicine for 5,000 years. Research has confirmed that it is effective “in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS, as found by the National Academy of Sciences’ Institute of Medicine in March 1999.”

According to Delaware cannabis laws, patients can use medical marijuana if they have a debilitating medical condition, obtain a physician certification and register in the Delaware Medical Marijuana program.

The Delaware Department of Health and Social Services regulates medical marijuana via the Office of Medical Marijuana (OMM).

This Office of Medical Marijuana maintains a registry of patients and caregivers and oversees the rules and regulations that guide medical marijuana.

As with the drive of marijuana advocacy, information from the Office of Medical Marijuana states that “the purpose of the Medical Marijuana Program is to allow the beneficial use of medical marijuana in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.”

How to Get a Medical Cannabis Card in Delaware

As we stated above, you need to register as a patient and get a Delaware medical marijuana card before you can legally buy, use and possess medical marijuana in the state.

Usually, the OMM will process your application within 45 days in order to approve or deny your request.

Click here for more information on the Delaware medical marijuana card, including the requirements and how Elevate Holistics can help you get your card.

Recreational Efforts: Is Weed Legal in Delaware?

Despite the continuous efforts to legalize it, recreational marijuana is still illegal in Delaware.

In 2022, Delaware came close to legalizing recreational marijuana, but the effort failed due to a lack of support from Governor John Carney.

In March 2022, Rep. Ed Osienski introduced legislation to legalize and regulate medical marijuana in Delaware, but the bill died after it didn’t get enough votes.

Undaunted, the lawmaker introduced a new bill in April. This new bill split the old bill into two parts, one bill to legalize possession of cannabis for adults aged 21 or older and another to regulate the recreational cannabis industry.

The General Assembly voted in favor of the legalization bill, but Governor Carney, a strong opponent of recreational marijuana, vetoed the bill.

Without the Governor’s support, legalization advocates may have to wait until he leaves office before Delaware pot legalization can happen.

Cannabis Decriminalization in Delaware

For years, citizens have been concerned about the legality of weed in Delaware. They have asked questions like, Is medical marijuana legal in Delaware? Is weed legal in Delaware?

Without a doubt, legalization is important, but decriminalization is another aspect of the law that deserves focus.

While recreational cannabis is illegal in Delaware, the state decriminalized possession of small amounts of marijuana in 2015.

According to House Bill 39, possessing less than one ounce of marijuana for private use is a civil offense that carries a $100 fine.

In 2018, Senate Bill 197 provided for the expungement of marijuana conviction records. People with only one conviction for less than an ounce of marijuana qualified for automatic expungement.

Delaware Marijuana Laws

In every state where marijuana is legal, it is the norm to have laws that guide every aspect, from consumption to cultivation and everything in between.

This section will discuss the laws that guide weed in Delaware.

Where Can I Consume Marijuana in Delaware?

Is medical marijuana legal in Delaware? Yes. But can you consume it anywhere you find yourself? No.

According to Delaware pot laws, you cannot use marijuana “on a school bus, the grounds of any preschool primary or secondary school or any correctional facility to include any health care treatment facility operated by the Department or funded contractually through the Department. Marijuana use is also not authorized in any form of transportation or in any public place.”

However, exceptions apply to minors who need to take their medication in public.

Delaware cannabis laws state that caregivers “may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled.”

What is the Marijuana Possession Limit in Delaware?

Delaware pot laws specify that only registered patients and their caregivers can legally possess marijuana. They can only buy three ounces every 14 days and six ounces every month.

You’ll have to face the consequences of the law if you possess marijuana without registration.

Starting from the least, possessing up to one ounce for personal use is a civil penalty that carries a $100 fine. Others include the following:

• Possession of more than one ounce but less than 175grams is a misdemeanor, and the penalty is three months in jail and up to $575 in fines. Possession of more than 175grams is a felony punishable by three years in jail.
• For those under 21, a first-time possession offense is punishable by a $100 fine, and a second offense carries a fine of $200 to $500.
• The distribution, sale, or manufacture of fewer than 1500 grams is a felony punishable by up to eight years in jail.

Can I Grow Marijuana in Delaware?

Some patients prefer to grow marijuana because it means fewer trips to compassion centers. Unfortunately, it is illegal to grow marijuana in Delaware.

Marijuana laws constantly change, so Delaware may legalize home cultivation in the future. But for now, do not grow marijuana at home.

What Protections Does Delaware MMJ Card Offer?

Patients may be concerned that they may face discrimination from employers or landlords because they use medical marijuana. Fortunately, Delaware pot laws address the issue of discrimination.

On the issue of tenant rights, the law states, “No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.”

On employee discrimination, Delaware cannabis law states, “Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:

1. The person’s status as a cardholder; or
2. A registered qualifying patient’s positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.”

What is the Age Limit for Marijuana Possession in Delaware?

How old do you have to be to legally possess marijuana in Delaware? Fortunately, any state resident can apply for medical marijuana regardless of age.

However, residents younger than 18 who wish to buy and use medical marijuana must have a caregiver who must also be their parent or legal guardian.

Does Insurance Cover Medical Marijuana in Delaware?

You may be curious if medical marijuana in Delaware has insurance coverage.

Well, your insurance provider is in the best position to answer this question because there’s no provision for insurance in Delaware cannabis laws.

Can Marijuana Patients in Delaware Have Caregivers?

If you’re a medical marijuana patient who needs help buying, transporting, or administering medical marijuana, you’ll be glad to know that you can have a caregiver.

Weed law in Delaware states that one must meet the following requirements to be a caregiver;

• You must have proof of Delaware residency.
• The caregiver must be the parent or legal guardian if the patient is a minor.
• Caregivers can assist only five patients at a time
• Caregivers must not have been convicted of an excluded felony offense

Does Delaware Have Reciprocity?

What if you’re visiting Delaware and you’re a registered patient in your state? Can you use your MMJ card to buy medical marijuana?

Weed law in Delaware does not have reciprocity; only state residents can apply for the Delaware Medical Marijuana Program.

Who Can Recommend Medical Marijuana in Delaware?

If you believe you have a qualifying condition and you want to apply for medical marijuana, weed law in Delaware state that you can get a physician recommendation from only a physician who fulfills the following requirements:

• Must be licensed to practice in Delaware.
• Must be a Medical Doctor (MD), Doctor of Osteopathic Medicine (DO), Advanced Practice Registered Nurse (APRN), or Physician Assistant (PA).
• Have a bonafide relationship with the patient they certify for medical marijuana.

Note that your physician certification expires within 90 days after the issue. You should submit your medical marijuana application and the physician certification before it expires.

Is CBD Legal in Delaware?

Another question that closely follows, “is medical marijuana legal in Delaware?” is one about CBD.

Delaware follows federal legislation on CBD as outlined in the 2018 Farm Bill.

CBD derived from hemp is legal if the THC content is less than 0.3%. Also, CBD and other hemp products are available statewide.

Note that CBD is legal for only registered medical marijuana patients.

Delaware Marijuana DUI Laws

Delaware DUI laws apply to medical marijuana, too, meaning you cannot drive under the influence of marijuana even if you are a registered patient.

Medical marijuana may be legal, but your responsibility is to ensure you’re never behind the wheel when your medication may impair your driving.

If police notice that your driving is erratic, they can pull you over and are authorized to conduct tests to determine if you’re driving under the influence of alcohol or drugs.

If they convict you of DUI, you face fines and possible jail time.

Delaware Marijuana Dispensaries

Delaware cannabis laws refer to licensed dispensaries as compassion centers.

Hence, registered medical marijuana patients can buy marijuana only from compassion centers; Delaware pot laws do not protect you if you buy from unlicensed sources.

Marijuana products from unlicensed sources may contain harmful substances and be incorrectly labeled. For safety and legal purposes, buy marijuana only from licensed compassion centers.

Delaware has nine compassion centers, and you can find their contacts as addresses here.

Elevate Holistics: The Best of Medical Marijuana in Delaware

Is marijuana legal in Delaware? Yes, marijuana is partially legal (medical and not recreational) in Delaware. However, there are chances that the weed law in Delaware will change.

In addition, marijuana use is much easier when you have an expert guide who can help you navigate the maze of rules and regulations that guide medical marijuana.

Here at Elevate Holistics, we have made it our mission to be your expert cannabis guide; you can trust us to give you the best service on everything cannabis-related. You can always reach out with questions, concerns, or suggestions by contacting us here! And, if you have a friend or family member in one of our states that we service, simply click here. This will get them set up with an appointment for an MMJ card right from home.