Possession Limits

Delaware allows both medical and recreational cannabis use with specific possession limits:

• Adults 21 and Over: Can legally possess up to one ounce (28 grams) of cannabis.
• Medical Patients: Can possess up to six ounces (170 grams) of cannabis over a 30-day period.

Cultivation Laws

Cultivation of cannabis is highly regulated in Delaware:

• Home Cultivation: Home cultivation of cannabis is not permitted for either medical or recreational users.
• Licensed Cultivation: Only state-licensed cultivation facilities can legally grow cannabis.

Medical vs. Recreational Use

Medical Use

Delaware’s medical cannabis program has been in place since 2011 under the Delaware Medical Marijuana Act:

• Qualifying Conditions: Conditions such as cancer, chronic pain, HIV/AIDS, PTSD, and epilepsy qualify patients for medical cannabis.
• Medical Card: Patients must obtain a recommendation from a state-licensed physician and apply for a medical cannabis card through the Delaware Department of Health and Social Services.
• Purchase Limits: Medical cannabis can be purchased from licensed compassion centers, with higher possession limits compared to recreational users.

Recreational Use

Recreational cannabis use was legalized in Delaware in 2022:

• Retail Sales: Adults aged 21 and over can purchase cannabis from licensed dispensaries across the state.
• Consumption: Public consumption remains illegal, and cannabis use is restricted to private residences and designated consumption areas.

Penalties for Violations

Violations of Delaware’s cannabis laws can result in various penalties:

• Possession Over Limits: Possession of more than the legal amount can lead to fines and possible jail time, depending on the quantity.
• Illegal Sales: Selling cannabis without a license is a serious offense with severe penalties, including imprisonment.
• Public Consumption: Consuming cannabis in public places can result in fines.

Recent Updates and Changes

Delaware continues to refine its cannabis laws to enhance regulation and safety:

• Social Equity Programs: Delaware has implemented social equity programs to promote diversity in the cannabis industry and assist communities disproportionately affected by previous cannabis laws.
• Regulatory Adjustments: The state periodically updates its regulations on testing, packaging, and advertising to ensure consumer safety and industry standards.

Frequently Asked Questions

Q: Can tourists buy cannabis in Delaware? A: Yes, adults aged 21 and over, including tourists, can legally purchase cannabis from licensed dispensaries in Delaware.

Q: Where can I consume cannabis in Delaware? A: Cannabis consumption is legal in private residences and designated consumption areas at certain dispensaries. Public consumption is prohibited.

Q: How can I get a medical cannabis card in Delaware? A: Patients must get a recommendation from a state-licensed physician and apply through the Delaware Department of Health and Social Services.

Q: Are there any legal limits for transporting cannabis within Delaware? A: Adults can transport up to one ounce of cannabis but must adhere to possession limits and keep it out of reach while driving.

Conclusion

Delaware’s cannabis laws provide a comprehensive framework for both medical and recreational use, with clear guidelines on possession, cultivation, and consumption. Staying informed about these laws ensures responsible and legal cannabis use in the state.

Additional Resources

• Delaware Department of Health and Social Services – Medical Marijuana Program
• NORML: Delaware Laws
• Delaware Office of Marijuana Control

By following this guide, you can navigate the cannabis laws in Delaware confidently and responsibly.