Contents

What are Delaware’s marijuana laws?

Is buying cannabis legal in Delaware?

Can I grow cannabis in Delaware? 

Is it legal to consume cannabis in Delaware?

When should marijuana become legal in Delaware?

FAQs about cannabis in Delaware

 

Delaware was home to Bob Marley, the famous pot-smoking reggae musician. He lived there on and off for 12 years. With his past presence in The First State, is weed legal in Delaware

Let’s dive into the “Positive Vibration” singer’s state laws to understand if marijuana is legal in Delaware. 

 

What are Delaware’s marijuana laws?

Is weed legal in Delaware? Yes, weed is legal in Delaware for medical purposes but illegal for recreational use. 

Under Delaware marijuana laws, qualifying, registered patients can use cannabis.  

In 2011, Governor Jack Makell signed the Delaware Medical Marijuana Act. It established the Delaware Medical Marijuana Program.

The program requires applicants to submit an online application with certification from a Delaware licensed physician. After submission, you can expect to wait up to 45 days for approval or denial. 

If you have one of the following qualifying conditions, you can apply for a medical marijuana card to use marijuana legally in Delaware:

  • Cancer
  • HIV/AIDS
  • Alzheimer’s disease
  • Post-traumatic stress disorder 
  • Epilepsy or seizures
  • Glaucoma
  • Amyotrophic lateral sclerosis
  • Anxiety
  • Cirrhosis
  • Nausea
  • Migraine
  • Chronic pain
  • Cachexia

When you’re approved, you can possess up to 6 ounces of weed.

Now that we've covered medical cannabis use in Delaware let’s look at the recreational laws. 

Is recreational weed legal in Delaware? No, recreational marijuana use remains illegal in Delaware, but the laws are slowly changing.

In 2015, lawmakers passed Delaware House Bill 39, which decriminalized weed. If you possess less than 6.2 ounces, an officer will charge you with a misdemeanor, and less than an ounce is a civil infraction. 

Let’s look at the current penalties for recreational possession in Delaware: 

 

 

Amount

Charge

Fine

Time in Jail

An ounce or less

Civil infraction

$100

None

1 to 6.2 ounces

Misdemeanor

$575

3 months

6.2 to 52 ounces

Felony

Discretion of the court

3 years

53 to 105 ounces

Felony

Discretion of the court

5 years

106 to 140 ounces

Felony

Discretion of the court

8 years

141 to 175 ounces

Felony

Discretion of the court

15 years

176 ounce or more

Felony

Discretion of the court

Mandatory 2 years and up to 25 years

 

In 2019, Governor John Carney signed Senate Bill 37, which allows those with one weed charge, even felonies, to have their records cleared after 5 to 7 years of the incident. 

The council tried to make marijuana legal for recreational use in Delaware in 2018 and again in 2019, with the Delaware House Bill 110, but it didn’t pass in the House either time. 

 

Is buying cannabis legal in Delaware?

Is it legal to buy marijuana in Delaware?

Yes, weed is legal in Delaware for medicinal use, so registered MMJ patients can buy it.

As a medical cannabis patient, you can purchase 3 ounces of processed weed every 2 weeks at a registered dispensary. 

Buying recreational weed is not legal in Delaware, so if you’re caught, you’ll face a civil infraction and pay $100. 

Buying ungerminated cannabis seeds is legal because they’re not considered a drug. 

If an official catches you selling or distributing weed without a license, the penalties are as follows: 

 

 

Amount

Charge

Fine

Time in Jail

Less than 53 ounces

Felony

Discretion of the court

8 years

53 to 140 ounces

Felony

Discretion of the court

15 years

141 ounces or more

Felony

Discretion of the court

Mandatory 2 years and up to 25 years

 

Can I grow cannabis in Delaware? 

Is it legal to grow medical marijuana in Delaware? No, whether for medical or recreational purposes, growing cannabis in Delaware is illegal. 

When it is legal to grow marijuana in Delaware, try Reggae Seeds Revolution regular seeds. The dry herb from this cannabis strain is a balanced 1 to 1 ratio of CBD to THC, making it perfect for medicinal use. 

These medicinal weed seeds are easy to cultivate and produce a compact yet robust plant. The fragrance is of sweet fruits with an earthy undertone.

When it is legal to grow medical marijuana in Delaware, and you want a well-balanced marijuana strain, we recommend CBD Haze feminized seeds. The buds they produce contain 10% CBD and 10% THC, so you get both body and mental relief. 

These feminized seeds can aid the symptoms of many conditions and are easy to grow. 

 

Is it legal to consume cannabis in Delaware? 

Is weed legal in Delaware for consumption? Yes, you can possess medical marijuana in Delaware and can consume it in a private space

It’s illegal to consume in public, on private property where tobacco smoking isn’t allowed, or in a parked or moving motor vehicle-—even as a medical cardholder. 

Both recreational weed possession and use are illegal. 

 

When should marijuana become legal in Delaware?

We can’t promise if or when recreational marijuana will be legal in Delaware. The proposal of the Delaware House Bill 110 is a good start, but no future actions have been taken. 

Delaware residents can get their voices heard by protesting or writing letters to Congress. While recreational weed is not legal in Delaware, you can still buy marijuana seeds as collector’s items.

 

FAQs about cannabis in Delaware

Do you still have questions on legal marijuana in Delaware? Here are some frequently asked questions answered for you. 

 

Can you consume marijuana on Dewey Beach, Delaware?

No, marijuana is not legal in Delaware to consume in public places, including the beaches. We don’t advise consuming any form of cannabis on Dewey Beach. 

Medical marijuana cardholders must consume weed at home.

 

How long is a medical marijuana card valid in Delaware?

Your ID card from the Medical Marijuana Program is valid for one year from the date of issue. You can renew your card by submitting another application with the same fee.

 

Keep up to date with the weed laws  

Understanding the places where marijuana is legal can be challenging, so it’s critical to stay up to date as legislation changes. Recreational use is now legal in more than 18 states including, New Jersey, Virginia, New York, and Washington D.C. Perhaps Delaware will follow suit. 

It’s likely more states could change their rules in the coming months. You can find out all the latest updates here at Seed Supreme.

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