outline of the state of Delaware with a cannabis leaf

Medical marijuana is legal in Delaware. While recreational cannabis is still illegal, the state has decriminalized small amounts within an individual's possession. Continue reading for a more in depth look into the local cannabis laws in Delaware.

Cannabis Products Legal to Purchase in Delaware

What you need to know about Delaware’s Cannabis Laws

  • Recreational marijuana is illegal in Delaware but possession of small amounts of marijuana is decriminalized in the state
  • Possessing up to 28 grams or one ounce of marijuana in Delaware is a civil offense resulting in a $100 fine for first time offenders. Possessing up to 175 grams is a misdemeanor that could result in up to 3 months in prison and a $575 fine. Possession over 175 grams could result in a felony conviction with escalating fines and jail time.
  • Medical marijuana is legal in the state of Delaware for adults with a qualifying condition who possess a medical marijuana card
  • Delaware is home to a number of medical marijuana dispensaries located across the state
  • It is illegal to grow marijuana in the state of Delaware for residents even if you possess a medical marijuana card

Delaware Medical Marijuana Laws

In 2011, Delaware legalized the use of medical marijuana for qualified patients. Residents seeking a medical marijuana card may apply online if their doctor is registered on the government’s application website. If a doctor is not registered, patients may bring a paper copy of the form to their physician for approval. Applications must include proof of age, residency, along with a $50 application fee. Neither patients or caregivers are allowed to grow marijuana.

If you are traveling to Delaware and possess an out-of-state medical marijuana card, you are allowed to purchase marijuana from a medical dispensary. Out-of-state medical card holders will need to possess their medical cards along with proof of residency in the state their medical card was issued.

Recreational Marijuana Legislation in Delaware

Efforts to legalize recreational marijuana in Delaware have made some progress over the past few years but have ultimately fell short due to a lack of support and issues stemming from the Covid-19 pandemic. State Rep Ed Osienski has re-worked a bill he proposed in 2020 to bring to the legislative session in 2021.

Additional Marijuana Laws to be Aware of in Delaware

Public use or consumption of marijuana is illegal in California. This includes sporting and music venues, state and national parks, campsites, bars, restaurants, and more.

  • Driving under the influence of marijuana is illegal in the state of Delaware and drivers may be asked to submit to a chemical test if expected of driving while impaired.
  • The use of marijuana in public places is prohibited even for medical marijuana patients.
  • Medical marijuana cards must be renewed annually.
motor vehicles & marijuana

Can you drive while high on marijuana in Delaware?

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