The First State became the 22nd in the country to legalize recreational marijuana when companion bills HB 1 and HB 2 passed without Governor Carney’s signature in April 2023. These laws remove state-level civil and criminal penalties for the personal use of cannabis and establish a regulated industry for adult-use marijuana sales.
What is Medical Marijuana?
The Medical Marijuana Act permits people to possess up to six ounces of marijuana for medical purposes if they suffer from one or more incapacitating diseases. Patients must provide proof of residency through a Delaware driver’s license or state ID and a certification from a state-licensed physician. Cultivation of cannabis for personal use is not permitted.
The law protects medical marijuana patients and their healthcare practitioners from arrest and prosecution for possession of up to one ounce of marijuana, as well as civil penalties. Additionally, it becomes illegal to drive under the influence of marijuana. It requires that all cannabis sold by “compassion centers” (or dispensaries) be tested for pesticides before being distributed to patients.
Medical marijuana is available in most states, with some having a more regulated system than others. Generally speaking, though, most states that have legalized medicinal marijuana have also eliminated criminal and civil sanctions for those with qualifying conditions using and possessing marijuana.
Currently, the only way to legally buy marijuana in Delaware is through a state-approved dispensary. The state’s Office of Medical Marijuana has set up a registry for patients and caregivers, qualification procedures, and regulations that will help to ensure a safe and reliable supply.
How Do I Get a Medical Marijuana Card?
If you live in Delaware and have a medical condition that can be treated with marijuana, you may be able to obtain a cannabis recommendation. Delaware allows qualified patients and their designated caregivers to purchase cannabis at one of the state’s licensed compassion centers or dispensaries. However, there are restrictions. Growing cannabis plants at home remains illegal in the state.
Your physician must first authorize you as a medical marijuana patient. The doctor must create a genuine relationship with the patient and confirm that the patient has a debilitating medical condition that would benefit from medical marijuana use. The patient must submit a completed application to the DHSS and pay the state fee.
The state also requires that the doctor review the patient’s medical history. This includes records from other doctors who have cared for the patient for the qualifying condition. The doctor must issue a written certification to the patient stating that the patient has a debilitating health condition and would benefit from the use of medicinal marijuana.
Delaware people who receive a medical marijuana card may purchase up to three ounces of cannabis from a dispensary every fourteen days. However, the cultivation of marijuana plants is prohibited for patients and caregivers. But is medical marijuana legal in Delaware? Yes, however, it does not allow marijuana to be consumed in public places or the presence of children. Possession of one ounce or less of marijuana is also a misdemeanor punishable by a fine.
How Can I Grow My Marijuana?
The law prohibits patients and caregivers from growing their marijuana. Instead, the state-regulated system allows patients to purchase marijuana at licensed compassion centers (dispensaries) that also cultivate the cannabis. Delaware’s compassion centers are not-for-profit and must be registered with the DHSS. The cultivation and sale of marijuana in the state must be traceable from seed to sale, and the DHSS will require each compassion center to submit data to a universal monitoring system offering transparency to the medical marijuana program.
The DHSS requires all cannabis products sold in the state to be tested for tetrahydrocannabinol (THC), tetrahydrocannabinol acid (THCA), cannabidiol (CBD), cannabigerol (CBG), and a variety of other chemical compounds and foreign materials, including residual solvents, hair, and insects. In addition, any cannabis product containing more than four percent THC must be tested for microbial contaminants.
Marijuana paraphernalia, such as pipes, roach clips, and rolling papers, is illegal in the state of Delaware, as is transporting any amount of marijuana outside of the state, even if it is for medical purposes. However, possessing up to an ounce of marijuana for recreational use was decriminalized in 2015.
The new legalization laws in the state of Delaware include special provisions that ensure equity in the licensing process, giving those from communities that have been disproportionately impacted by drug possession arrests access to more opportunities in the growing industry. As a result, anyone interested in the marijuana industry needs to follow the developments in Delaware closely.
How Can I Buy Marijuana in Delaware?
As of now, there is no recreational marijuana available for purchase in Delaware. However, the state’s new 45-page law outlines a systematic series of steps that must take place before adult-use marijuana becomes legal. These include the appointment of a “weed czar” to oversee the industry, setting up an oversight office, establishing copious regulations for growing and selling, and 125 licenses being handed out by 2023.
In the meantime, medical marijuana is available to those with a doctor’s recommendation. Patients are not permitted to cultivate their marijuana plants. Still, they can acquire a maximum of three ounces of cannabis over 14 days or six ounces per month from one of the state’s 12 licensed dispensaries (also known as compassion centers). Caregivers can also purchase marijuana on behalf of patients.
Marijuana intoxication is not tolerated in the state of Delaware, and the use or possession of marijuana paraphernalia can carry a fine. It’s also illegal to operate a vehicle while under the influence of marijuana or other drugs, and it’s against the law to have more than five ounces of marijuana in your car.
People who commit marijuana-related crimes may face forfeiture of their assets, including raw materials, products, equipment, property, vehicles, research items, paraphernalia, and money. In addition, those with a prior marijuana misdemeanor or felony record will be barred from seeking licensure to grow, manufacture, or sell marijuana.
