Does Delaware have a recreational use program?

Yes, recreational use is legal in Delaware. In April 2023, Governor John Carney allowed accompanying bills HB 1 and HB 2 to become law in the State of Delaware without his signature. The bills that went into force on April 23 and April 27, 2023, made marijuana legal for recreational use in the state.

Does Delaware have a medical program?

Yes, medical cannabis is legal in Delaware. The Delaware Medical Marijuana Act (DMMA) made medical marijuana legal in the state in 2011. However, sales didn’t start until 2015.

What are the rules for medical use?

Make an appointment with a healthcare provider in Delaware to get a certificate for medical marijuana. Evaluations of patients can be done online.

Either online or on paper, you can fill out the patient application for a Delaware medical marijuana card. If your healthcare company is set up to take online applications, you can do so. In that case, print out the application and bring it to your doctor.

Your application will be reviewed by the Delaware Department of Public Health (DPH) within 45 calendar days of being received.

Bring your legal state ID and your Delaware medical marijuana card with you when you go to a medical marijuana dispensary in Delaware. Before letting you buy medical cannabis, the dispensary will use the identification that you bring to confirm who you are and that you are a medical cannabis user.

What are the qualifying medical conditions for eligibility?

• Acquired Immune Deficiency Syndrome (AIDS)
• Autism with aggressive behavior
• Agitation of Alzheimer’s Disease
• Chronic Debilitating Migraine
• Terminal Illness
• Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig’s Disease)
• Glaucoma
• Positive status for Human Immunodeficiency Virus
• Post-Traumatic Stress Disorder (PTSD)
• Decompensated Cirrhosis
• Anxiety
• Cancer
• A debilitating disease or medical condition or its treatment producing one or more of the following:
  • Seizures
  • Cachexia or Wasting Syndrome
  • Intractable Nausea
  • Severe debilitating pain not responding to previously prescribed medications or surgical measures for more than 90 days or for which other treatment options produced severe side effects
  • Severe and persistent muscle spasms, including spasms characteristic of multiple sclerosis

Patients under the age of 18 must meet the following requirements to be considered:

• Intractable epilepsy
• A debilitating condition involving one or more of the following symptoms
• Autism with self-injurious or aggressive behavior
• Wasting syndrome or cachexia
• Intractable nausea
• Severe, painful, and persistent muscle spasms

What are the medical program limits?

If you have an ID card from the Delaware medical marijuana registry, you can buy up to 3 ounces of marijuana every 14 days, or 6 ounces a month.

Designated caregivers can also buy this much marijuana and have it delivered to their elderly or disabled patients.

What methods of use are permitted under the medical program?

People with a medical marijuana card can buy a wide range of items, including marijuana that can be smoked.

Is there home delivery for medical cannabis?

Yes. Due to Delaware’s COVID-related state of emergency declaration, marijuana home delivery was first allowed. Now, regulated home delivery is allowed permanently.

Is CBD legal in Delaware?

Yes. Under the 2018 Farm Bill, people in Delaware can legally use CBD oil made from hemp that has less than 0.3% THC.

CBD oil made from marijuana that has more THC in it is legal for registered cannabis users and their caregivers to get in Delaware.

Is cannabis decriminalized in Delaware?

Yes, cannabis is decriminalized in Delaware.

Under Delaware law, it is no longer illegal to have or use less than an ounce of marijuana in private. Instead, the punishment is usually a $100 fine, and the marijuana could be confiscated.