- Fully legal
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 cardGet your card
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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.
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.
Delaware law lists the following medical conditions as qualifiers for a medical cannabis card:
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.
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:
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.
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.”
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.