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Is weed legal in Delaware? In 1787, it was the first state to ratify the U.S. Constitution. With such a rich legal history, it’s no surprise Delaware has been after fair weed legislation.
Delawareans can delight in the recent bills that legalized cannabis use. While it’s permitted, there are still requirements to meet before you can start toking in the First State.
Read on to learn more about Delaware’s cannabis legislation. We also unpack how it affects recreational and medicinal use.
Long story short: Is weed legal in Delaware?
Delaware has permitted medicinal marijuana use since 2011.
Gov. John Carney was hesitant to make weed legal for recreational use in Delaware. In April 2023, over 60% of the General Assembly passed two House Bills. The Governor approved them without his signature. His decision made Delaware one of the states where weed is legal.
The change in legal status doesn’t mean you can hotbox your car in the Walmart parking lot. While marijuana is legal in Delaware, it’s not carte blanche. Let’s unpack the new legislation:
|
Status |
Details |
|
|
Growing |
Legal |
Adults 21 years or older with a license |
|
Buying |
Legal |
Adults 21 years or older |
|
Possessing |
Legal |
Adults 21 or older can possess up to one ounce of dried flower, 0.4 oz. of hash, or 750 mg of edibles. |
|
Consumption |
Legal |
Adults 21 years or older |
Delaware marijuana laws in detail
The Delaware marijuana laws are still fresh, so confusion is common. Navigating the bills and legislation can be tricky.
The legal views on cannabidiol (CBD) and delta-9-tetrahydrocannabinol (THC) are different. Let’s break it down so you know exactly what’s allowed.
Medical marijuana laws in Delaware
Medical weed is legal in Delaware. Residents over 21 or designated caregivers qualify for the Delaware Medical Marijuana Program.
You need a written medical certificate from a Delaware-licensed healthcare practitioner. Within 45 days, the program checks your application with your doctor.
Once approved, you receive a registry ID card from the Medical Marijuana Program. It’s valid for 12 months from the issue date.
Even with a medical card, it’s not legal to grow marijuana in Delaware as well as in some other states such as Colorado. Possession and consumption are acceptable.
People with these conditions qualify for the Delaware Medical Marijuana Program:
- Anxiety (CBD Rich Card Only)
- Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
- Cancer
- Advanced or highly symptomatic Alzheimer’s disease
- Chronic Debilitating Migraine
- Human Immunodeficiency Virus (HIV)
- Autism
- Decompensated Cirrhosis
- Post-Traumatic Stress Disorder (PTSD)
- Acquired Immune Deficiency Syndrome (AIDS)
- Glaucoma
- Terminal Illness
- A medical condition causing any of the following symptoms:
- Seizures
- Severe chronic pain for more than three months that doesn’t improve with conventional measures. Also applicable when typical treatments produce serious negative reactions.
- Intractable nausea
- Severe and persistent muscle spasms
- Cachexia or Wasting Syndrome
Citizens may petition to add other debilitating conditions to the list. Simply having one of the approved illnesses doesn’t qualify you as a medical cannabis user. You must apply for a card.
As an approved medicinal user, you can purchase up to three ounces of cannabis every 14 days. That equals around six ounces a month. People with terminal illnesses have no limit.
Is recreational marijuana legal in Delaware?
Recreational weed has been legal in Delaware since April 2023. Law-abiding retailers will only start popping up in 2024.
Under the new legislation, 30 retail outlets have approval. They may only secure a license around September 2024. House Bill No. 2 will regulate the cannabis industry in Delaware. It requires time to smooth out any wrinkles.
Without legal retailers, how will recreational users purchase cannabis legally? The simple answer is they won’t. Delawareans will have to buy their stash the same way they did before legalization. It’s legal m to share cannabis as a gift.
Recreational marijuana is legal in Delaware if users possess a “personal-use quantity.” You can have only one of the following:
- One ounce of buds
- 0.4 oz. or less of hash
- No more than 750 mg of edibles.
You may transport the legal quantity in a motor vehicle within Delaware. The cannabis must be in a closed container that’s not easily accessible to you or the passengers.
Is CBD legal in Delaware?
The 2018 Farm Bill passed legislation on products from the Controlled Substances Act. It included those made from Cannabis sativa L. plants.
Derivatives with less than 0.3% delta-9-tetrahydrocannabinol (THC) aren’t controlled substances. Federal law doesn’t govern these products.
Marijuana is legal for recreational use in Delaware. The law includes CBD products with less than 0.3% THC. The only exceptions are four medications. They’re regulated by the Food and Drug Administration (FDA). These items are only available with a medical marijuana card:
- Epidiolex
- Marinol
- Syndros
- Cesamet
Is hemp oil legal in Delaware?
Oil derived from hemp with less than 0.3% THC is federally legal. In Delaware, CBD or hemp oil under the THC level is acceptable.
Delaware legislation also permits other CBD products. These include gummies or topicals as long as they don’t exceed 0.3% THC.
Medical marijuana is legal in Delaware. The state allows medical cardholders to purchase CBD products with higher THC levels.
Recreational users may buy CBD items that exceed the 0.3% THC mark. The products may contain no more than 750 mg of THC.
Is it possible to buy legal weed in Delaware?
“Those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty.” - House Bill 1
While it’s legal to buy marijuana in Delaware, there won’t be any lawful retailers until 2024. It puts consumers in a tricky position. Many will have to resort to purchasing buds the same way they did before the state passed House Bill 1.
The only completely legal way to get your next stash is by sharing. The law allows people to give cannabis as a gift.
Medicinal users can purchase legal weed at a Delaware dispensary. They should have a valid medical marijuana card to buy buds, oil, or edibles.
Can you grow your own according to Delaware cannabis laws?
Growing cannabis seeds is an excellent way to find the strains you enjoy. You can ensure they’re organically nurtured. Unfortunately, cultivating cannabis is illegal for recreational use in Delaware.
It’s not legal to grow medical marijuana in Delaware, either. It’s clearly outlined in the Delaware Medical Marijuana Act. The exception is that it allows licensed compassion centers to cultivate.
There are currently six compassion centers in the state. The legislation only permits them to serve registered medical users.
Buying cannabis seeds in Delaware is legal for non-cultivation reasons. You can store them as memorabilia until the law changes.
Is it legal to smoke weed in Delaware?
Marijuana is recreationally legal in Delaware, but only on private property. The law prohibits public consumption or smoking in a vehicle.
It also punishes smoking weed before or while driving in the same way as an alcohol DUI. First-time offenders face heavy fines of up to $1,500, a 12–24 month suspension of license, and up to six months in jail.
It’s legal to smoke weed in Delaware, but not while working. Employers may enforce a zero-tolerance policy towards recreational users.
Testing positive doesn’t constitute grounds for firing. Employers must demonstrate that recreational users consumed, or possessed it, on work property. Alternatively, they must prove users were impaired during working hours.
Key takeaways about Delaware weed laws
Weed is legal in Delaware since the state passed House Bill 1 and House Bill 2 in April 2023. You can purchase, possess, consume, and share buds, concentrates, and edibles locally. Licensed retailers will only open around late 2024.
Public consumption is illegal. Recreational users can have up to one ounce in their possession. Medicinal users require a medical marijuana card and can purchase up to 3 ounces every 14 days.
Growing cannabis is currently illegal in Delaware. That law may change in the future. There are currently no dispensaries selling cannabis seeds. Buy them online so you can be prepared when cultivation becomes legal.
At Seed Supreme, we have a wide collection of top-shelf cannabis seeds. Choose from classic to one-of-a-kind cultivars. Subscribe to our newsletter for the latest news on legislation changes.
