Delaware Marijuana Laws

Medical (Comprehensive)


Important Dates

2011: Governor Jack Markell signed legislation approving the use and possession of up to six ounces of marijuana for patients 18 and older with serious medical conditions.
2015: The Governor signed legislation decriminalizing the possession of one ounce or less of marijuana.

History

In 2011, the Delaware Marijuana Act made it so card carrying patients could use and possess up to six ounces of medical marijuana. The first state-licensed dispensary was opened in June 2015.

FAQs

Can I possess, buy or grow marijuana in Delaware?

Patients over 18 years old with qualifying conditions may possess up to six ounces of marijuana at one time. Qualifying conditions include but are not limited to Alzheimer’s disease, cancer, HIV/AIDS, nausea, Post-traumatic Stress Disorder, seizures and more. Medical marijuana must be purchased from a state-licensed dispensary. It is illegal for anyone, even patients, to grow cannabis for personal use.

Can I operate a vehicle while under the influence of marijuana in Delaware?

No. A person is guilty of a DUI if they operate a vehicle under the influence of a drug.

How do I get a medical marijuana card in Delaware?

In order to acquire a medical marijuana card in Delaware, you must first obtain written statement from a physician diagnosing you with a qualifying medical condition. Then, you must submit a $125 application fee and the physician’s recommendation to the Delaware Department of Health and Social Services. If approved, your card will be issued by the DHSS and you will be able to obtain medical marijuana from a state-licensed dispensary.

Can I use marijuana in public in Delaware?

No. The use of marijuana in public is a criminal offense.

Can I sell marijuana in Delaware?

At this time, only state-licensed dispensaries are able to sell marijuana in Delaware.

Disclaimer

The information presented here should not be construed as legal advice. State and Federal laws are always subject to change. We aim to keep this page as updated as possible; however, for additional information regarding Delaware marijuana laws, please see Find Law and the National Conference of State Legislatures.