Delaware

Delaware

11,173
Registered Patient Population
1.43%
of Total Population Represented by Patients
6
Total Medical Retail Locations Currently in Operation
1,862 : 1
Patients : Retail

Under the law registered patients and designated caregivers may possess up to six ounces of usable cannabis, but no personal cultivation is allowed. Patients and caregivers may possess up to 2.5 ounces of cannabis. Qualifying patients and caregivers are protected from discrimination in employment, education, housing, parental rights, and medical care, including organ transplants. Patients report feeling irritated about inconsistent product availability at dispensaries. There is no reciprocity available for patients visiting Delaware.

Patient Rights and Civil Protection 93/100   
Arrest Protection 40/40
Affirmative Defense 13/15
Parental Rights Protections 10/10
DUI Protections 0/5
Employment Protections 5/5
Explicit Privacy Standards 7/7
Housing Protections 5/5
Does Not Create New Criminal Penalties for Patients 5/5
Organ Transplants 5/5
Reciprocity 3/3
Access to Medicine 66/100   
Allows Distribution Programs 33/40
– Allows Access to Dried Flowers 15/15
– Allows Delivery 5/5
– No Sales Tax or Reasonable Sales Tax 5/5
– Allows for a Reasonable Number of Dispensaries 4/5
– Does Not Require Vertical Integration 0/2
– Ownership/Employment Restrictions 1/2
– Provisions for Labor Standards 0/2
– Environmental Impact Regulations 1/2
– Choice of Dispensary Without Restrictions 2/2
Noncommercial Cultivation 0/20
– Personal Cultivation 0/15
– Collective Gardening 0/5
Explicit Right to Edibles/Concentrates/Other Forms 5/10
Does not Impose Bans or Limits on THC 9/10
Does not Impose Bans on CBD 9/10
Local Bans/Zoning 10/10
Comprehensive Qualifying Conditions 46/50
Adding New Conditions 8/10
– Law/Regulations Allow for New Conditions 5/5
– System Works for Adding New Conditions 3/5
Reasonable Access for Minors 8/10
Reasonable Caregiver Background Checks 3/4
Number of Caregivers 2/2
Patient/Practitioner-Focused Task Force or Advisory Board 2/2
Reasonable Fees (Patients and Caregivers) 7/10
Allows Multiple-Year Registrations 0/2
Reasonable Physician Requirements 5/5
Does Not Classify Cannabis as a Medicine of Last Resort 4/5
Functionality 78/100   
Patients Able to Access Medicine at Dispensaries or by Cultivation 42/50
No Significant Administrative or Supply Problems 10/15
Patients Can Receive Legal Protections Within Reasonable Time Frame of Doctor's Recommendation 8/10
Reasonable Possession Limits 5/5
Reasonable Purchase Limits 4/5
Allows Patients to Medicate Where They Choose 4/5
Covered by Insurance/State Health Aid 0/3
Financial Hardship (Fee Waivers/Discount Medicine) 5/7
Consumer Safety and Provider Requirements 56.6/100   
Dispensing 16.59/25
Staff Training 2/5
Standard Operating Procedures 3.25/5
– Facility Sanitary Conditions 0/1.25
– Storage Protocols 1/1.25
– Reasonable Security Protocols 1.25/1.25
– Inventory Control 1/1.25
Recall Protocol and Adverse Event Reporting 3/5
Product Labeling 3.34/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 0/1.67
– Potency/Compound Identification 1.67/1.67
Required Testing 5/5
– Active Compound Identification 1.67/1.67
– Contaminants 1.67/1.67
– Potency 1.67/1.67
Grow/Cultivation 18.84/25
Staff Training 3/5
Standard Operating Procedures 2.84/5
– Facility and Equipment Sanitary Conditions 0.71/0.71
– Workforce Safety Protocols 0/0.71
– Storage Protocols (Short-Term and Long-Term Storage) 0.71/0.71
– Reasonable Security Protocols 0.71/0.71
– Batch and Lot Tracking 0.71/0.71
– Disposal/Waste 0/0.71
– Water Management 0/0.71
Pesticide Guidance 4/5
– Pesticide Guidance 2/2.5
– Pesticide Labeling 2/2.5
Required Testing 5/5
– Active Ingredient Identification 1.25/1.25
– Contaminants 1.25/1.25
– Potency 1.25/1.25
– Sample Retention 1.25/1.25
Recall Protocol and Adverse Event Reporting 4/5
Manufacturing 13.34/25
Staff Training 3/5
Standard Operating Procedures 4/5
– Facility and Equipment Sanitary Conditions 1/1
– Workforce Safety Protocols 0/1
– Storage Protocols 1/1
– Reasonable Security Protocols 1/1
– Batch and Lot Tracking 1/1
Product Labeling 3.34/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 0.0/1.67
– Potency and Compound Information 1.67/1.67
Required Testing 3/5
– Active Ingredient Identification 1/1
– Contaminants 1/1
– Potency 1/1
– Shelf Life Testing 0/1
– Sample Retention 0/1
Recall Protocol and Adverse Event Reporting 0/5
Laboratory Operations 7.83/25
Staff Training 2/5
Method Validation in Accordance with AHP Guidelines 0/5
Result Reporting 0/5
Independent or Third Party 5/5
Standard Operating Procedures and Protocols 0.83/5
– Equipment and Instrument Calibration 0/0.83
– Sample Tracking 0/0.83
– Facility and Equipment Sanitary Conditions 0/0.83
– Disposal/Waste 0/0.83
– Storage Protocols 0.83/0.83
– Workforce Safety Protocols 0/0.83
Covid Response 13/20   
Delivery Available? 4/6
Curbside Pickup Available? 2/2
Medical Cannabis Essential? 4/7
Telemedicine Available? 3/5
Excerpted from ASA's 2020 State of the States Report.

In This Section

Delaware Medical Marijuana Laws & Regulations

In 2011, the Delaware state legislature approved Senate Bill 17, the Delaware Medical Marijuana Act making it legal for a patient with a Delaware registry identification card to use cannabis for medical purposes. Patients with a valid registry identification card are protected from arrest so long as they have no more than six (6) ounces of usable cannabis and are otherwise in compliance with state law. Police officers may verify an ID card's validity with the Department of Health and Social Services (DHSS). Designated caregivers with registry ID cards are similarly protected insofar as they are assisting their designated patient or patients.

Becoming a Patient in Delaware

It is legal for a patient with a Delaware registry identification card to use cannabis for medical purposes and to appoint a designated caregiver to assist them. Personal cultivation of cannabis, however, is prohibited in Delaware.

Recommending Cannabis in Delaware

Medical professionals recommending medical cannabis must be a physician properly licensed in the state of Delaware subject to Chapter 17 of Title 24. Only state licensed psychiatrist can recommend medical cannabis for post-traumatic stress disorder. Physicians must state that their patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

The State of Medical Marijuana in Delaware

The State of Medical Marijuana in Delaware