Delaware Marijuana Laws

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This limited access drove many patients to the black market, and in 2016, an initiative was started to increase the number of compassion centers in the state. As of 2020, six compassion centers were operating in the state.

Under the Delaware Medical Marijuana Act, patients are allowed to purchase three ounces of medical cannabis every two weeks – totaling six ounces for the entire month.

Patients and designated caregivers can buy up to three ounces of usable cannabis every two weeks. Where to Buy

The state Department of Health and Human Services lists the following approved medical conditions:

Additionally, chronic or debilitating diseases, medical conditions or treatment that produces one or more of the following;

Patients must obtain an official written certification from a state physician to qualify for the program.

Beyond the list of qualifying conditions, under Senate Bill 42 (and its subsequent substitutions), “the Department shall issue a compassionate use card to an individual who is eligible for a compassionate use card and who submits all of the following:

(1) A signed statement from the patient’s physician that includes statements attesting to all of the following:

• The patient has a severe and debilitating condition.
• All current standard care practices and treatments have been exhausted and have been ineffective or the side effects are prohibitive with continued use.
• The physician will re-evaluate and document the efficacy of medical marijuana treatment.
• There are grounds supporting the potential for the patient to benefit from using medical marijuana. 

(2)a. If the patient is an adult, a signed statement from the patient acknowledging the patient’s informed consent to treatment with medical marijuana and that the patient knows that there is limited or no evidence associated with medical marijuana’s effectiveness in treating a condition that is not a debilitating medical condition under this chapter.

b. If the patient is under 18 years of age, a signed statement from the patient’s parent or legal guardian acknowledging the patient’s informed consent to treatment with medical marijuana and that the patient’s parent or legal guardian knows that there is limited or no evidence associated with medical marijuana’s effectiveness in treating a condition that is not a debilitating medical condition under this chapter. Citizens can also petition the Department to have their condition included on the list.

Under the State of Delaware Medical Marijuana Code, patients can use any form of "usable marijuana." This includes dried leaves and flower, tinctures, ointments and other preparations including medical marijuana oil. Cannabis can be consumed in the form of capsules or chewable tablets, but traditional edibles, such as baked goods or candy preparations, are not allowed.

Qualified patients cannot consume their medicinal cannabis on the following:

The state bans medicinal marijuana patients from ingesting medical cannabis in their vehicle, as well as operating one under the influence of marijuana. Violators can be subject to Delaware’s drugged driving laws.

Delaware permits a designated caregiver who meets the following criteria:

Caregivers and patients can transport their medical cannabis but cannot consume or be under the influence of cannabis while operating the vehicle. Additionally, attempts to import or carry marijuana across the state line is subject the criminal prosecution.

Medical cannabis reciprocity is not allowed in Delaware. Delaware accepts only in-state cards and licenses at this time.

Patients and caregivers cannot grow their own cannabis at this time.

Delaware does not allow cannabis delivery.