Delaware Cannabis Laws

Is cannabis legal in Delaware?

Delaware has a medical marijuana program, but adult use is still illegal. Non-medical (recreational) possession is decriminalized in Delaware.

What are the medical marijuana laws in Delaware?

Medical cannabis:

2011

• Delaware Medical Marijuana Act (SB 17)
  Governor Jack Markell signed legislation allowing patients 18 and older with “certain serious or debilitating conditions” to use cannabis, and possess up to six ounces. Qualifying conditions include “cancer; Alzheimer’s disease; post-traumatic stress disorder; and conditions that cause intractable nausea, severe pain or seizures, among other illnesses.” The card must be renewed once a year.
  

2015

Governor Markell signs legislation decriminalizing the possession of one ounce or less of marijuana by adults. Possession of cannabis by those aged under 21 is still considered illegal.

2017

Recreational legalization efforts and proposals are put under way for legalized recreational use of cannabis. State Representative Helene Keeley is one such figure who proposed recreational legalization, but this proposal failed to receive the number of votes required to pass.

2020

State Representative Ed Osienski attempts to get a bill passed during the 2020 general assembly session, but fails due to a lack of votes and because of the COVID-19 pandemic.

2021

Osienski re-works bill drafted in 2020 to introduce it during the 2021 Legislative Session. Some of those changes included adding a ‘social equity’ and micro business license, where Osienski states “they’ll get some additional help with applying and some reduction in fees.”

Recreational cannabis:

Non-medical cannabis possession and use is illegal in Delaware. Possession of less than 1 ounce of herbal cannabis or its equivalent has been decriminalized, but you may still face a fine or another punishment if caught.

What medical conditions qualify for a Medical Marijuana Card in Delaware?

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

• AIDS/HIV
• Alzheimer’s disease
  
• Amyotrophic Lateral Sclerosis aka Lou Gehrig’s Disease
  
• Autism
  
• Cancer
  
• Cachexia or wasting syndrome
  
• Crohn’s disease
  
• Conditions that cause seizures (e.g. Epilepsy)
  
• Decompensated cirrhosis (often a side-effect of Hepatitis C)
  
• Severe or debilitating pain
  
• Severe nausea
  
• Severe and persistent muscle spasms, such as those caused by Multiple Sclerosis (MS)
  
• Post-Traumatic Stress Disorder (PTSD)
  
• Terminal illness

How do I get certified for medical cannabis in Delaware?

In order to get a medical marijuana card online, just follow these steps:

1. Book an appointment with a certified physician here at Leafwell.
2. Attend your appointment and get a medical cannabis recommendation once approved. Those aged under 18 who are in need of a medical marijuana card will need 2 physicians’ recommendations and a caregiver.
   
3. Register with the Delaware Medical Marijuana Program. The state will contact your Leafwell physician to confirm your details.
   
4. Get your MMJ card and start shopping at a dispensary. It can take between 7 days (1 week) and 35 days (just over a month) to get a medical marijuana card issued, although they are usually issued within 14 days (2 weeks).

Get your medical marijuana card

Connect with a licensed physician online in minutes.

State

AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUS Virgin IslandsUtahVermontVirginiaWashingtonWashington DCWest VirginiaWisconsinWyoming

Get started

Is telemedicine allowed for medical cannabis consultations in Delaware?

Yes, telemedicine is legal in Delaware and you can get certified for cannabis online.

How much cannabis can I possess in Delaware with an MMJ Card?

For medical card holders = 6 oz.

Recreational cannabis is not legal in Delaware.

Is it legal to grow cannabis in Delaware?

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

Does Delaware accept out-of-state cards?

Delaware does not recognize other states’ medical marijuana cards. Delaware does not have medical cannabis reciprocity.

Will my Delaware card be accepted in other states?

A Delaware medical marijuana card is valid in some other states with medical marijuana reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
  
• Maine
  
• Massachusetts
  
• Michigan
  
• Montana
  
• Nevada
  
• New Hampshire
  
• New Jersey
  
• New Mexico
  
• Oklahoma
  
• Puerto Rico
  
• Rhode Island
  
• US Virgin Islands
  
• Utah
  
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
  
• California
  
• Hawaii
  
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Delaware?

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.

What are the medical cannabis product testing requirements in Delaware?

State law forbids all use of pesticides in product grown and sold at “compassion centers”. There’s no requirement to test for the presence of heavy metals. Compassion centers must include the name of the cannabis strain, cannabinoid profile, and quantity of the medical marijuana dispensed.

Where is it safe to purchase cannabis in Delaware?

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

Where is it safe to consume marijuana in Delaware?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.