Is Weed Legal In Delaware?

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December 31, 2024

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Yes, marijuana is legal in Delaware, but with specific rules for both medical and recreational use. In recent years, Delaware has updated its marijuana laws to align with the trends seen in other states across the U.S. Medical marijuana has been legal in Delaware since 2011, allowing patients with qualifying conditions to access cannabis for therapeutic purposes. In 2023, Delaware took another significant step by legalizing recreational marijuana for adults 21 and older.

This blog will explain the current laws and regulations surrounding marijuana use in Delaware. Whether you’re a resident needing medical marijuana, curious about recreational use, or just seeking clarity, this guide will provide straightforward information about the legal status of cannabis in the state.

timeline of delaware marijuana laws with key years from 2011 to 2023, covering legalization milestones

Understanding the Marijuana Laws in Delaware

Medical Cannabis (2011)
In May 2011, Delaware passed a law allowing patients 18 and older with qualifying medical conditions (such as cancer, Alzheimer’s, PTSD, and chronic pain) to possess up to six ounces of marijuana. The first medical marijuana clinic opened in Wilmington in 2015. By 2016, Delaware had one Compassion Center, but cardholders still had trouble obtaining cannabis.
Decriminalization (2015)
In June 2015, Delaware decriminalized the possession of one ounce or less of marijuana for adults, with a $100 fine for violations. Minors are still prohibited from possessing cannabis. Smoking cannabis in public or in a moving vehicle is also illegal.
Legalization Efforts (2017)
In 2017, State Rep. Helene Keeley introduced a bill to legalize marijuana, but it failed. Rep. Ed Osienski’s 2020 attempt also failed, but in 2021, Osienski reworked the bill to include provisions for social equity and microbusiness licenses.
Legalization Proposal (2022)
In May 2022, the General Assembly passed a bill to legalize recreational cannabis. However, Governor John Carney vetoed it. The House failed to override the veto in June.
Legalization (2023)
In January 2023, Delaware introduced HB1 (to legalize cannabis) and HB2 (to regulate and tax sales). Both bills passed the House and Senate in March and were sent to the governor. On April 21, Governor Carney announced that both bills would become law without his signature or veto. The legalization took effect on April 23, 2023.

Apply your DE Medical Cannabis Card Online

list of medical conditions eligible for medical marijuana consultation in delaware

Qualifying Medical Conditions of Medical Marijuana in Delaware

To get a Medical Marijuana (MMJ) Card in Delaware, adults must have one of the following medical conditions:

For Adults:

Terminal Illness
Cancer
HIV/AIDS
Decompensated Cirrhosis
Multiple Sclerosis
ALS (Amyotrophic Lateral Sclerosis)
Agitation from Alzheimer’s Disease
Autism with Aggressive Behavior
PTSD (Post-Traumatic Stress Disorder)
Glaucoma
Anxiety (CBD-rich card only)
Chronic Debilitating Migraines or New Daily Persistent Headache
Medical Conditions or Treatments Producing:
- Wasting Syndrome (Cachexia)
- Intractable Nausea
- Seizures
- Severe and Persistent Muscle Spasms
- Severe, Debilitating Pain (unresponsive to treatments for over three months or caused serious side effects).

For Minors (Parental consent required):

Intractable Epilepsy
Severe, Debilitating Autism
Chronic or Debilitating Diseases or Conditions with failed treatments that involve:
- Cachexia or Wasting Syndrome
- Intractable Nausea
- Severe, Painful, and Persistent Muscle Spasms
- Chronic Debilitating Migraines
- Daily Persistent Headaches

Additional Qualification:

Patients may also qualify if:

Their physician certifies they have a severe and debilitating condition.
Current treatments have failed or are exhausted.
There is evidence to suggest the patient could benefit from medical marijuana.

How much weed is legal in Delaware?

In Delaware, if you’re part of the medical marijuana program, you can usually have:

Up to 1 ounce of marijuana in leaf form.
Up to 12 grams of concentrated cannabis.
Cannabis products that have 750 milligrams or less of THC, which is the stuff that makes you high.

Home cultivation of marijuana is not allowed in Delaware. Patients cannot grow marijuana plants at home and must obtain their medical marijuana from state-licensed dispensaries.

step-by-step guide to obtain a delaware medical marijuana card through mymmjdoctor

What is the Process of Getting Medical Marijuana in Delaware?

Here’s a step-by-step guide to obtaining your Medical Marijuana (MMJ) Card in Delaware:

Step 1 – Doctor’s Consultation

Schedule an online consultation with a licensed healthcare provider, such as an MD, DO, APRN, or PA, via My MMJ Doctor. During this video consultation, a healthcare professional will assess your medical condition and determine your eligibility for medical marijuana.

Step 2 – Certification

If approved, the doctor will provide a written certification stating that you qualify for medical marijuana based on your medical condition.

Step 3 – Register with the Delaware Health and Social Services (DHSS) Website

After receiving your certification, you must apply for your MMJ card through the official Delaware Medical Marijuana Program (DMMP) online portal. You’ll need to:

Create an account on the DHSS website.
Complete the patient application form.
Upload the doctor’s certification and other required documents, such as a valid Delaware state ID or driver’s license.

Step 4 – Pay the Application Fee

Submit the $50 non-refundable fee for your MMJ card application through the DHSS online portal. Payments can be made online or mail a check or money order if needed.

Step 5 – Receive Your MMJ Card

Once your application is approved, Delaware Health and Social Services will issue your Medical Marijuana Card. You’ll receive it via mail, and you can then legally purchase medical marijuana from state-licensed dispensaries.

Key Note:
While My MMJ Doctor helps you with the doctor’s consultation and certification, you must complete the official registration for the Delaware MMJ Card through the Delaware Health and Social Services (DHSS) website.

How to become a Caregiver in Delaware?

Step 1: Understand Caregiver Eligibility

To qualify, you must:

Be 21 years or older.
Be a Delaware resident (provide a DE Driver’s License or State ID).
Have no felony convictions related to controlled substances.
Be designated by a registered medical marijuana patient.

Step 2: Complete the Caregiver Application

Fill out the Caregiver Application form. You can apply online or download a paper copy.
Include your details and the information of the patient you’re assisting.

Step 3: Submit Required Documents

You’ll need to provide:

A copy of your Delaware Driver’s License or State ID.
A background check clearance.
Payment for the non-refundable application fee:
- $50 for 1 year
- $75 for 2 years
- $100 for 3 years

Step 4: Background Check

Schedule a criminal background check with the Delaware State Bureau of Identification.
Ensure there are no disqualifying drug-related felonies.

Step 5: Submit Your Application

Mail your completed application, documents, and payment to:
- Division of Public Health
  Medical Marijuana Program
  Jesse Cooper Building, Suite 140
  417 Federal St.
  Dover, DE 19901

Step 6: Await Approval

The review process can take up to 45 days.
Once approved, you’ll receive your Caregiver Registry ID Card.

Step 7: Caregiver Responsibilities

Purchase and transport medical marijuana for the patient.
Follow all Delaware laws regarding medical marijuana possession and use.

is adult use or recreational cannabis legal in delaware question graphic

Is weed legal in Delaware for recreational use?

Yes, Delaware made recreational marijuana legal for adults 21 and older on July 31, 2019. This means adults can possess and use cannabis legally. However, if someone under 21 is caught with cannabis, they can still face a civil penalty.

Is weed legal in Delaware for recreational use?

Hence, it is legal for the people in Delaware to use cannabis so long as they do that within the confines of their homes. The state laws on marijuana also have limitations to its use when operating any moving vehicle, a stationary motor vehicle, or anywhere the use of tobacco smoking is prohibited.

It’s important to note that Delaware law does not shield patients from civil or criminal penalties if they engage in tasks under the influence of cannabis that would be considered negligent. Driving under the influence of cannabis is illegal, and consuming cannabis in a vehicle is not permitted for both drivers and passengers.

image of a medical marijuana card from mymmjdoctor with the heading 'want access to marijuana mmj card' and a button that says 'apply today'

Take Away

The newest law implemented in Delaware, concerning the sanctions of marijuana for medicinal and recreational uses is a liberal measure. Adults, who are over 21 years for one ounce as per the bill that was passed in April 2023 of House Bills 1 & 2. Many states allow medical marijuana or medical cannabis and therefore if you are into caregiving services, getting a license is very simple. Even though the consumption and possession of marijuana are permitted indoors, it remains unclear when it is carried out in public spaces. Accordingly, it was recommended that one should not engage in legal action against the state law.

FAQs

Can you buy marijuana in Delaware without a medical card?
No, you cannot legally buy marijuana in Delaware without a medical card. As of now, recreational marijuana sales are not yet available in the state. While marijuana has been legalized for adult use, Delaware only permits medical marijuana patients with a valid medical card to purchase cannabis from licensed dispensaries. To qualify, you must have a qualifying medical condition and obtain a recommendation from a certified physician.

Is it legal to smoke weed in Delaware?
Yes, it is legal to smoke marijuana in Delaware for recreational use for adults aged 21 and older. The state passed a law in April 2023 that legalized the possession and private use of marijuana. However, there are certain restrictions to keep in mind:
- Public Consumption: Smoking weed in public places or in vehicles is illegal. You can only consume it in private settings, such as your home.
- Possession Limits: Adults are allowed to possess up to one ounce of marijuana for personal use.
- Distribution: While private use is legal, there are no legal provisions for purchasing marijuana from a retail store yet, as the state is still setting up a regulatory system for dispensaries.