Delaware Cannabis Laws

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:

• AIDS/HIV
• Alzheimer’s disease
• Amyotrophic Lateral Sclerosis (ALS), aka Lou Gehrig’s Disease
• Anxiety (CBD-rich card only)
• Autism with aggressive behavior
• Cancer
• Chronic debilitating migraine
• Decompensated cirrhosis (often a side-effect of Hepatitis C)
• Glaucoma
• Post-Traumatic Stress Disorder (PTSD)
• Terminal illness
• A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

• • Cachexia or Wasting Syndrome
  • Severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months, or for which other treatment options produced serious side effects
  • Intractable Nausea
  • Seizures
  • Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis (MS)

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:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*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:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

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.