Delaware Marijuana Laws 2024

Delaware has made significant changes to its marijuana laws over the years, adapting to the evolving perspectives on cannabis use. The state legalized medical marijuana in 2011 and decriminalized the possession of small amounts in 2015. 

With the 2024 legislative session coming to an end, a bill to expand the state’s existing medical cannabis program has been signed into law by Governor John Carney. The new law, HB 285, sponsored by Representative Ed Osienski, took effect immediately. It made several improvements to the program:

• Removing the list of qualifying conditions and instead allowing doctors to recommend cannabis for any condition they believe could benefit.
• Allowing patients 65 and older to self-certify their need for medical cannabis without a recommendation from a healthcare provider.
• Expanding the expiration dates for medical cannabis cards from one-year terms to two- or three-year terms.
• Allowing patients diagnosed with terminal illnesses an “indefinite” expiration date on their medical cannabis cards.
• Allowing reciprocity for out-of-state patients (patients with medical cannabis cards from other states would have the same privileges as in-state registered patients).

This article examines Delaware’s current marijuana laws. We’ll explore the state’s medical marijuana program, the rules concerning small amounts of marijuana, and any recent developments in recreational marijuana legislation.

Is Marijuana Legal in Delaware?

Delaware became the 22nd state to legalize cannabis in April 2023 when Governor John Carney allowed HB 1 and HB 2 to become law without his signature. HB 1 legalized possession of up to one ounce of cannabis for adults 21 and older. HB 2 will regulate and tax cannabis sales for adults in Delaware. Representative Ed Osienski sponsored both bills, with Sen. Trey Paradee leading the charge in the Senate. Both bills passed the legislature in supermajority votes.

In June 2023, Governor Carney nominated, and the Senate confirmed, Robert Coupe as the state’s first marijuana commissioner. Coupe is tasked with setting up guidelines for the adult-use market. The proposed regulations, which are available for public comment, are scheduled to be finalized by July 2024. Business license applications should be available on September 1, 2024.

As of April 2023, recreational marijuana is legal for adults aged 21 and over in Delaware, who can legally possess up to one ounce of marijuana; however, personal cultivation remains illegal. While recreational marijuana sales are not yet permitted, a regulatory framework is under development, with sales expected to begin around late 2024.

Medical Marijuana Program in Delaware

Delaware’s Medical Marijuana Program is managed by the Delaware Department of Health and Social Services (DHSS). This program ensures that patients with specific medical conditions can access cannabis for therapeutic purposes, following the guidelines established by the Delaware Medical Marijuana Act.

Qualifying Medical Conditions

To be eligible for the program, patients must have one of the following qualifying medical conditions:

• Terminal illness
• Cancer
• HIV/AIDS
• Decompensated cirrhosis
• Hepatitis C
• Amyotrophic lateral sclerosis (ALS)
• Agitation of Alzheimer’s disease
• Post-traumatic stress disorder (PTSD)
• Intractable epilepsy
• Autism with self-injurious or aggressive behavior
• Glaucoma
• Chronic debilitating migraines
• Severe or persistent muscle spasms, including those characteristic of multiple sclerosis

A chronic or debilitating disease or medical condition that produces one or more of the following:

• Cachexia (wasting syndrome)
• Severe, debilitating pain that has not responded to prescribed medication in three months
• Intractable nausea
• Seizures

Patients must obtain a certification from a qualified Delaware physician who can confirm that the patient has a qualifying condition and may benefit from using medical marijuana.

Steps to Obtain a Medical Marijuana Card

• Age Requirement: Applicants must be 18 years or older. Pediatric patients can also qualify with parental consent.
• Medical Diagnosis: A diagnosis of a qualifying medical condition is required.
• Health Care Practitioner Certification: Obtain certification from a Delaware-licensed medical doctor (MD), doctor of osteopathy (DO), advanced practice registered nurse (APRN), or physician assistant (PA).
• Proof of Residency: Applicants must provide proof of Delaware residency, such as a Delaware Driver’s License or State ID.

Once certified, patients can apply to the DHSS for a medical marijuana ID card. This card permits them to purchase medical marijuana from one of the state’s licensed compassion centers.

Purchasing Limits in Delaware

In Delaware, there are specific regulations regarding the amount of cannabis that medical marijuana patients, caregivers, and recreational users can legally possess and purchase.

Medical Marijuana Patients and Caregivers

Medical marijuana patients and their designated caregivers are allowed to possess up to six ounces of cannabis at any given time; however, the amount they can purchase is limited to three ounces every 14 days. This ensures patients have sufficient access to their medication while preventing potential misuse or illegal distribution.

Recreational Users

For recreational marijuana users in Delaware, the following possession limits apply:

• Up to one ounce of cannabis leaf
• Up to 12 grams of cannabis concentrate
• Marijuana products containing no more than 750 milligrams of Delta-9 THC
• These limits are designed to control the amount of cannabis in circulation and prevent illegal sales and distribution.

Licensing Application Process

Licensing Process for Marijuana Businesses

The Delaware Office of the Marijuana Commissioner (OMC) manages the licensing process for marijuana businesses. Here are the steps involved:

• Application Availability: License applications will be available starting September 1, 2024.
• Application Requirements: Applicants must submit a comprehensive business plan, including an annual budget and pro forma financial statements. They must also detail their experience, training, safety plans, and social responsibility initiatives.
• Types of Licenses: Delaware will issue various licenses, including Cultivation, Manufacturing, Retail, and Testing Center licenses. Specific criteria apply to social equity and microbusiness applicants.
• Evaluation Criteria: The OMC evaluates applications based on the applicant’s plans for operations, training, security, and social responsibility. More details can be found on the Office of the Marijuana Commissioner’s Licensing Page.

Where Can I Use or Possess Marijuana?

Legal Restrictions

• Private Settings:

In Delaware, adults aged 21 years and older can consume marijuana in private residences with the owner’s consent. This is the only legal setting for the consumption of recreational marijuana.

• Public Consumption:

Public marijuana consumption—including smoking and vaping—in public places such as parks, streets, sidewalks, or restaurants is illegal.

Consuming marijuana in vehicles is also forbidden, regardless of whether the vehicle is moving or parked.

Sale and Distribution of Marijuana in Delaware

The sale and distribution of marijuana in Delaware are regulated under strict guidelines to ensure safe and legal transactions. Here’s a detailed guide based on the latest information from official Delaware resources:

Medical Marijuana Sales:

Medical marijuana can be legally sold and distributed through licensed dispensaries known as compassion centers, which are authorized by the Delaware Department of Health and Social Services (DHSS) to provide cannabis to patients who have valid medical marijuana ID cards. Patients must obtain these cards by registering with the DHSS and proving they have a qualifying medical condition certified by a licensed healthcare provider.

Recreational Marijuana Sales:

Recreational marijuana has been legalized in Delaware, and the sale and distribution of recreational cannabis are expected to begin in late 2024. The Delaware Marijuana Control Act, which includes House Bills 1 and 2, sets the framework for the regulation and taxation of recreational marijuana sales.

Prohibition of Cannabis Cultivation in Delaware

In Delaware, the cultivation of marijuana for both medical and recreational purposes is strictly prohibited. This restriction applies to all individuals and entities, including licensed dispensaries, medical marijuana patients, and caregivers. Any form of marijuana cultivation outside the state-regulated system is considered illegal and subject to severe legal consequences.

Key Regulations and Prohibitions

• Medical Marijuana Cultivation:

Medical marijuana patients and their caregivers are not allowed to cultivate marijuana plants. Instead, they must purchase their cannabis from state-licensed compassion centers authorized by the DHSS. Licensed dispensaries, known as compassion centers, are also prohibited from cultivating marijuana. They must obtain their supply from state-regulated sources to ensure compliance with safety and quality standards.

Driving and Traveling Laws for Marijuana

In Delaware, driving under the influence of marijuana is strictly prohibited for all individuals, including medical marijuana patients and recreational users. The state’s DUI laws are designed to maintain road safety and are rigorously enforced.

Key Regulations on Marijuana and Driving

• The Illegality of Driving Under the Influence:

Operating a vehicle while under the influence of marijuana is illegal for both medical and recreational marijuana users. Delaware law defines impairment as any detectable level of THC, the psychoactive compound in marijuana, in a driver’s system.

• THC Levels and DUI Enforcement:

Delaware does not specify a per se THC level threshold, meaning that any detectable amount of THC can be considered grounds for a DUI charge. This is because THC levels in the blood do not consistently correlate with impairment levels, making it difficult to set a universal legal limit. Law enforcement relies on behavioral signs of impairment and field sobriety tests to assess a driver’s condition.

Traveling with Marijuana

• In-State Travel:

When traveling within Delaware, marijuana must be stored in a secure, sealed container, preferably in the trunk or another area of the vehicle not easily accessible to the driver or passengers. This helps prevent accidental consumption and reduces the risk of being suspected of using marijuana while driving.

• Crossing State Lines:

Transporting marijuana across state lines is illegal, regardless of the marijuana laws in the originating or destination state. Federal law prohibits the interstate transport of controlled substances, including marijuana. Violating this law can lead to federal charges, which carry significant penalties.

Note: Always refer to official Delaware state resources for the most accurate and updated information on marijuana laws and regulations. Compliance with these laws is essential to avoid legal consequences. For more details on traveling with marijuana, refer to the Office of the Marijuana Commissioner.

Marijuana Advertising Laws in Delaware

Delaware enforces strict regulations on advertising for both medical and recreational marijuana to ensure public safety and compliance with legal standards. These regulations are designed to prevent the promotion of marijuana to minors and to avoid misleading information.

Medical Marijuana Advertising Regulations

For medical marijuana, advertisements must follow specific guidelines set by the Delaware Department of Health and Social Services (DHSS), which include:

• Target Audience Restrictions:

Advertisements must not target minors. This includes avoiding content that might appeal to children or teenagers, such as the use of cartoon characters or youthful themes.

• Content Accuracy:

All advertisements must present accurate information. Misleading or false claims about the benefits or efficacy of medical marijuana are strictly prohibited.

• Health Claims:

Health claims must be substantiated by scientific evidence. Any claim made about the medical benefits of marijuana must be supported by clinical research and approved by the DHSS.

The Delaware Marijuana Control Act also applies similar rules to recreational marijuana. This includes restrictions on advertising outdoors and a requirement for clear age warnings in any advertisements for recreational marijuana.

Taxes on Cannabis in Delaware

In Delaware, the retail sale of recreational marijuana is subject to a 15% tax on the sales price; this tax is not applied to medical marijuana. The revenue generated from the tax on recreational use is allocated to the Marijuana Regulation Fund and the Justice Reinvestment Fund. The funds are used to cover administrative costs, support criminal justice initiatives, and provide community services.

Adherence to Regulations Ensures Compliance

Delaware’s marijuana laws have evolved significantly, reflecting a more accepting stance on cannabis. As the state negotiates the new landscape of legalized recreational marijuana alongside its established medical marijuana program, it is poised for significant changes. The eventual commencement of recreational sales and the continued operation of the medical program present opportunities for economic growth, job creation, and increased tax revenue. However, strict adherence to the legal framework is essential if those aspiring to join Delaware’s marijuana market are to avoid severe penalties and ensure compliance with state regulations. 

To ensure compliance, selecting a point-of-sale (POS) system that integrates with Metrc is vital. The best systems offer straightforward and intuitive tools to manage and track your Metrc account. IndicaOnline provides a robust POS system that seamlessly connects with Metrc, simplifying record-keeping and helping dispensaries stay compliant with minimal effort.

Note: This article provides an overview based on the current understanding of Delaware’s marijuana laws as of 2024. Always refer to official state resources for the most accurate and updated information.