Your comprehensive guide to medical marijuana, recreational use, and legal cannabis regulations in Delaware.
Medical marijuana was legalized in Delaware in 2011 through the Delaware Medical Marijuana Act (Senate Bill 17). Recreational cannabis was legalized much later, in 2023, when Governor John Carney allowed House Bill 1 to become law without his signature on April 23, 2023.
Delaware residents with a valid medical marijuana card can legally purchase and use medical cannabis. Qualifying conditions include:
As of 2023, adults 21 and older can legally possess and use recreational cannabis in Delaware. The state has established a regulated market with licensed retail stores selling cannabis products.
Medical Use: Registered patients can possess up to 6 ounces (170 grams) of cannabis.
Recreational Use: Adults 21+ can possess up to 1 ounce (28 grams) of cannabis, including no more than 5 grams of concentrate.
Home cultivation of cannabis remains illegal in Delaware for both medical patients and recreational users. All cannabis must be purchased from licensed dispensaries or retail stores.
Determine if you have one of the qualifying conditions listed above. Delaware's medical marijuana program serves patients with specific debilitating conditions that can benefit from cannabis treatment.
Schedule an appointment with a licensed Delaware physician who can evaluate your condition and provide a certification that you might benefit from medical cannabis treatment. The physician must have a bona fide doctor-patient relationship with you.
Complete the Delaware Medical Marijuana Patient Application form, including your physician's certification, proof of Delaware residency, a valid state ID, and the application fee ($125 standard fee, $25 for low-income applicants).
Once approved, you'll receive your medical marijuana card by mail, typically within 30-45 days. With your card, you can legally purchase medical cannabis from any Delaware dispensary.
Delaware has several licensed dispensaries where medical patients and recreational users can purchase cannabis products. Here are some of the prominent dispensaries:
Delaware follows federal guidelines regarding CBD and hemp products. Following the 2018 Farm Bill, hemp-derived CBD products containing less than 0.3% THC are legal to purchase and use without a prescription in Delaware.
CBD is widely available through online retailers, specialty CBD shops, some pharmacies, and health food stores throughout the state. Medical dispensaries also carry CBD products, often with various CBD:THC ratios to serve different needs.
Driving under the influence of cannabis is strictly prohibited in Delaware. The state follows a zero-tolerance policy for drug-impaired driving, and law enforcement officers are trained to detect cannabis impairment through standardized field sobriety tests and drug recognition evaluations.
If you're suspected of driving under the influence of cannabis, you may be required to submit to a blood test. Refusal to submit to testing can result in automatic license suspension.
It's important to note that having a medical marijuana card does not exempt you from DUI laws. Even legally prescribed cannabis can impair your ability to drive safely.
You can travel with cannabis within Delaware as long as you stay within legal possession limits. However, it's illegal to transport cannabis across state lines, even to other states where cannabis is legal, as this violates federal law.
Yes, cannabis edibles are legally available in Delaware for both medical and recreational use. Each package of edibles is limited to 100mg of THC with individual servings capped at 10mg of THC.
Possession of more than 1 ounce of cannabis in Delaware is considered a civil violation for the first offense with a fine of $250. Subsequent offenses or possession of more than 175 grams may result in misdemeanor charges, higher fines, and possible jail time.
Yes, many dispensaries in Delaware offer discounts to seniors (typically 10-15%) and veterans (typically 15-20%). Some also offer hardship discounts for low-income patients. Check with your local dispensary for their specific discount programs.
| Legal Cannabinoids | Illegal Cannabinoids |
|---|---|
| CBD (Cannabidiol) | THC (Delta-9 THC) (recreational use) |
| CBG (Cannabigerol) | Delta-8 THC (subject to regulation) |
| CBC (Cannabichromene) | Synthetic Cannabinoids |
| CBDV (Cannabidivarin) | Other unapproved THC formulations |