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Delaware Cannabis Laws

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Legal status

  • Fully legal

Possession limits

  • Medical patients

    6 oz

  • Recreational users

    1 oz12 g concentrate, 750 mg of THC edibles

State taxes

  • Medical patients


  • Recreational users



  • Cultivation is illegal
Learn more

Application process

To apply for a medical cannabis card in the state of Delaware

Once you have registered with Leafwell and been approved by one of our medical marijuana doctors online, apply to the state medical marijuana program. Receive your MMJ card and start shopping for your medical cannabis from a licensed dispensary.

Steps to get a card

Get your card

Table of contents

  1. Medical Marijuana Laws in Delaware
  2. What to Know About About Medical Cannabis in Delaware
  3. How Many Marijuana Plants Can You Grow in Delaware?
  4. The Bottom Line

The Delaware Medical Marijuana Act (SB 17), first passed in 2011, allowed Delaware residents at least 18 with “certain serious or debilitating conditions” to use cannabis and possess up to six ounces.

In 2015, former Governor Jack Markell signed legislation to decriminalize the possession of one ounce or less of marijuana by adults 21 and older.

Various attempts to legalize recreational marijuana use in the state faced resistance from top officials. On April 24, 2023, Governor John Carney announced that he’d allow a pair of bills to move forward without his signature. The bills — HB1 and HB2 — legalize marijuana possession and create a regulated adult-use market in The First State.

Medical Marijuana Laws in Delaware

Delaware’s medical marijuana program allows patients with qualifying medical conditions to use cannabis for therapeutic purposes. To participate in the program, patients must obtain a Delaware medical cannabis recommendation from a certified physician and apply for a medical marijuana card through the Delaware Department of Health and Social Services.

What to Know About About Medical Cannabis in Delaware

Only Certain Medical Conditions Qualify

Delaware law lists the following medical conditions as qualifiers for a medical cannabis card:

There Are Employment Protections in Place

Under the Delaware Medical Marijuana Act, employers may not discriminate against state-licensed medical marijuana patients regarding hiring, terminating, or other conditions of employment. However, this legislation does not necessarily apply to federal employees because cannabis is still considered illegal and a Schedule 1 controlled substance under federal law.

No Medical Marijuana Reciprocity

Delaware does not have medical marijuana reciprocity, meaning it doesn’t recognize medical marijuana cards from other states.

That said, several other states and territories recognize a Delaware medical marijuana card:

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

Possession Limits

Medical cannabis patients can possess up to six ounces of cannabis products. It’s not yet known what the possession limits will be for recreational patients in Delaware.

How Many Marijuana Plants Can You Grow in Delaware?

It is not currently legal for people to grow cannabis in Delaware, even if they are medical marijuana patients.

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary, pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can do so. In Delaware, these spaces are called “Compassion Centers.”

The Bottom Line

In summary, both medical and recreational marijuana use is legal in Delaware. However, specific regulations and restrictions exist for medical cannabis patients, such as qualifying medical conditions and possession limits.

Additionally, growing marijuana plants at home remain illegal in the state. To stay compliant with the law, it’s essential to familiarize yourself with Delaware’s marijuana regulations and follow the guidelines set forth by the state.

Qualify for Cannabis

If you live in a state with a medical program you could qualify for cannabis. Speak to a physician today to qualify and learn how cannabis can help you.