Fact Checked by Doctor NameDelaware’s cannabis laws have evolved in recent years through decriminalization and medical marijuana legalization.
The state’s policies have become more permissive, yet full recreational legalization remains pending.
This article summarizes Delaware’s current marijuana laws and the potential for additional changes in the future as legalization efforts continue.
Introduction of Delaware Marijuanas Law 2023
Table of Contents
The first major reforms to Delaware’s cannabis laws occurred in 2015 when the state legislature passed a bill downgrading penalties for personal possession of small quantities of marijuana.
Instead of arrests and criminal records, these offenses were changed to civil violations with fines.
This decriminalization measure reflected growing public approval of more progressive policies around marijuana in the state.
In following years, momentum continued to build through advocacy efforts pushing for broader access to medical cannabis and full adult-use legalization.
Expansion of the medical marijuana program has seen increased patient participation and more dispensaries opening up across Delaware. Polling indicates over 60% of voters now support regulated recreational marijuana similar to alcohol.
While legislative proposals have stalled so far, the groundswell of support highlights that legalized retail sales could arrive soon in the state.
This rising acceptance of cannabis has translated to political action. Lawmakers have introduced several bills to regulate and tax marijuana similar to alcohol.
A legalization bill even cleared the House in 2022 before stalling in the Senate. While these efforts failed, it demonstrates the push toward allowing retail sales and ending prohibition in the First State.
This article will cover key aspects of Delaware’s marijuana laws, including possession limits, purchasing regulations, impaired driving policies, and qualifications for medical access.
There is also discussion of possible future changes as legalization initiatives advance through the legislature.
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Is Marijuana Legal in Delaware?
Delaware has decriminalized personal possession of marijuana and legalized medical cannabis, but full recreational use remains prohibited.
Here is a brief overview of the state’s key marijuana policies:
- Decriminalization of Marijuana – In 2015, Delaware passed House Bill 39 which decriminalized possession of up to one ounce of marijuana. This reduced penalties to a civil violation punishable by a $100 fine with no threat of arrest or criminal record. Public consumption is still a misdemeanor offense.o
- Medical Marijuana Program – The Delaware Medical Marijuana Act legalized medical cannabis in 2011. Patients with qualifying conditions can obtain permission to purchase medicinal marijuana from licensed dispensaries.
- Recreational Marijuana Legalization – Despite recent efforts, legislation to legalize recreational marijuana has not yet passed in Delaware. A 2022 bill proposed legalizing possession, home cultivation and sales, but did not become law. However, momentum is building to end cannabis prohibition in the state.
Cannabis Possession and Cultivation Limits in Delaware
Delaware has decriminalized personal possession of small amounts of marijuana. However, growing and distributing cannabis remains illegal except within the medical program.
Personal Possession Limits in Delaware
Delaware’s House Bill 39 allows adults aged 21 and over to legally have up to one ounce of marijuana for personal use.
The decriminalization policy permits possession of small amounts by both state residents and visitors, but larger quantities can still incur criminal penalties.
Cultivation Regulations in Delaware
Home cultivation of cannabis is prohibited in Delaware outside of the medical marijuana program.
Bills to fully legalize may allow limited home grow, such as 3 mature plants per adult. But for now growing your own remains illegal with harsh penalties.
Restrictions on Home Growing in Delaware
The only exception to the ban on growing marijuana at home in Delaware is for registered medical cannabis patients.
Qualifying medical users can obtain permission to grow up to 6 plants for personal medical use. Any cultivation by non-patients remains illegal.
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Other State Guide to Marijuana Legalization
Marijuana Sales and Purchases in Delaware
At this time, Delaware does not allow retail sales of recreational marijuana. Dispensaries can only sell medical cannabis to authorized patients.
Licensed Dispensaries in Delaware
The Delaware Medical Marijuana Program has licensed compassion centers that dispense medicinal marijuana to registered patients.
There are locations in Wilmington, Lewes, and Smyrna. More sites may open as the program expands.
Purchasing Requirements in Delaware
Purchasing medical cannabis in Delaware requires becoming an authorized patient in the state’s program.
Patients must get physician certification that they qualify and register with the Department of Health and Social Services. Minors also need consent from a parent to participate.
Sales and Taxation in Delaware
If adult-use recreational marijuana is legalized, it would establish regulations for retail sales.
There would likely be licensing, taxes, and limits on purchases. But for now, no legal retail market exists except for medical patients.
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Weed Consumption Regulations in Delaware
Delaware prohibits consuming marijuana in public, even for authorized medical patients. However, there are allowances for private residential use.
Allowed Locations in Delaware
Adults 21+ can legally consume weed in private residences in Delaware. This applies to both recreational users and medical marijuana patients. Hotels and rental properties may restrict use in rooms or units.
Prohibited Areas in Delaware
Delaware prohibits consuming marijuana in public spaces like parks, sidewalks, restaurants, venues, government buildings, and dispensaries. Cannabis use is restricted to private property away from public view.
Public Consumption Laws in Delaware
Marijuana usage in public is prohibited in Delaware. This is a misdemeanour offence punishable by a $500 fine and up to three months in prison.
These public consumption limitations apply to both medicinal and recreational cannabis users.
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Driving Under the Influence in Delaware
Similar to alcohol, it is illegal in Delaware to drive while impaired by marijuana or other drugs. Law enforcement uses various forms of testing to identify and charge offenders.
DUI Laws and Marijuana in Delaware
Delaware has “driving under the influence” laws that prohibit operating a vehicle while impaired by any substance, including cannabis.
Police have authority to make DUI arrests for marijuana based on observed evidence, regardless of THC blood content.
Testing and Penalties in Delaware
Officers may conduct field sobriety tests of coordination, awareness, and balance.
Blood tests can also detect THC levels, with over 5ng/mL considered impaired under Delaware law. Penalties include fines, license suspension, ignition interlock device, and potential jail time.
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Employment and Workplace Policies in Delaware
There are currently no protections under Delaware marijuana laws for use in the workplace. Employers can enforce drug-free policies and conduct testing.
Drug Testing in Delaware
Private companies and organizations in Delaware can continue to prohibit cannabis use and conduct drug testing on employees or applicants.
This applies even to authorized medical marijuana patients with physician approval.
Workplace Restrictions in Delaware
Employers in Delaware also have authority to discipline or terminate workers for marijuana use under workplace conduct policies.
Exceptions are not made for off-duty or medical cannabis use. Proposed bills seek to add job protections for medical patients.
Medical Marijuana Qualifications in Delaware
The Delaware Medical Marijuana Act allows access to medicinal cannabis for patients meeting program requirements. Doctors determine qualifying conditions.
Eligible Medical Qualifying Conditions in Delaware
The list of qualifying conditions for medical marijuana in Delaware includes terminal illnesses, cancer, HIV/AIDS, PTSD, glaucoma, chronic pain, and autism with self-injurious behaviors. Other serious conditions may also qualify with physician approval.
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Adults Medical Conditions Include:
- AIDS/HIV
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Autism/Asperger Syndrome
- Cachexia or Wasting Syndrome
- Cancer
- Chronic Pain, Muscle Pain and Other Types of Pain
- Crohn’s Disease
- Epilepsy
- Fibrosis and Cirrhosis of the Liver
- Muscle Spasms
- Nausea & Vomiting
- Palliative Care (Admittance Into Hospice)
- Post-Traumatic Stress Disorder (PTSD)
- Seizures and Seizure Disorders
Registration Process in Delaware
Patients must obtain certification from a licensed physician in Delaware confirming a qualifying condition.
Registration involves submitting an application and proof of residency to the state health department. Cards are issued to authorized patients.
Future Outlook and Legislative Updates in Delaware
Advocacy efforts continue for expanding Delaware’s marijuana laws through comprehensive legalization and regulation of adult-use cannabis. Several bills are pending.
In May 2022, House Bill 305 to legalize recreational marijuana cleared the Delaware House of Representatives.
Senate Bill 150 also seeks to establish a regulated system for adult cannabis use and sales. Passage would permit possession, home cultivation, retail access, taxation, and other provisions.
Conclusion
While full legalization is still pending, Delaware has taken steps to reform its marijuana policies, decriminalize personal possession, and establish a medical cannabis program.
There is optimism that broader adult-use legislation could potentially pass within the next few years. This would align Delaware with other states moving toward legal regulated markets.
For now, residents and visitors should understand the current laws for medical and recreational marijuana.
References:
- https://dshs.delaware.gov/420/index.shtml
