Cannabis in Delaware


In the U.S. state of Delaware, marijuana is illegal for recreational use, though decriminalized for possession of small amounts. The use of marijuana for medical purposes is permitted for adult patients with certain serious illnesses.

Medical cannabis (2011)

In May 2011, Governor Jack Markell signed legislation allowing patients 18 and older with "certain serious or debilitating conditions" to use cannabis, and possess up to six ounces. Qualifying conditions include "cancer; Alzheimer's disease; post-traumatic stress disorder; and conditions that cause intractable nausea, severe pain or seizures, among other illnesses." In addition to having a qualifying condition, patients must obtain a card for a $125 fee, and the card must be renewed once a year. Delaware Division of Public Health data on patients who received marijuana cards in 2015, should that the primary medical condition being treated for cardholders was pain, muscle spasms, and cancer.
The first medical marijuana clinic in Delaware opened in Wilmington in June 2015. As of that date, some 340 Delaware residents held cards from the Delaware Health and Social Services, allowing them to purchase marijuana in order to treat their medical conditions. However, as of 2016, medical-marijuana cardholders still struggled to obtain the drug, with many being forced to pay very high prices, to buy the drug on the street, or to drive very long distances to obtain the drug.
The medical marijuana legislation provided that all three of the state's counties — New Castle, Kent, and Sussex — must have a Compassion Center by January 1, 2013. However, only a single facility has opened as of 2016.

Decriminalization (2015)

In June 2015, Governor Markell signed legislation decriminalizing the possession of one ounce or less of marijuana by adults. Possession of marijuana remains a civil infraction that carries a $100 fine. The bill passed along party lines, with no Republican member of the House or Senate voting in support of the bill. Under the legislation, it remains illegal for minors to possess marijuana. Additionally, smoking marijuana "in a moving vehicle, in public areas, or outdoors on private property within 10 feet of a street, sidewalk or other area accessible to the public" is also a misdemeanor.
The decriminalization bill took effect in December 2015.

Legalization proposals

A bill to legalize the use of marijuana by Delawareans age 21 or older is to be introduced in the Delaware General Assembly in January 2017. The Senate bill is being proposed by Margaret Rose Henry, Democrat of Wilmington, who also sponsored the decriminalization legislation.