19,715 Registered Patient Population |
1.96% of Total Population Represented by Patients |
10 Total Medical Retail Locations Currently in Operation |
197,150 : 1 Patients : Retail |
Beginning in 2011, the Delaware General Assembly approved Senate Bill 17, the Delaware Medical Marijuana Act. This made it legal for a patient with a registration identification card to use and possess cannabis for medical purposes and to designate a caregiver to assist them and protected from discrimination in employment, education, housing, parental rights, and medical care, including organ transplants. In 2012, regulations for the Medical Marijuana Program were in the process. However, the program was suspended until 2013 when the suspension was lifted and regulations were finalized. This led to the opening of Delaware’s first compassion center in 2014.
Over time, more updates continued to be made and in 2018 the Governor signed into law SB 197, legislation that approved mandatory expungements for certain cannabis offenses. In 2020, the state began issuing Compassionate Use Cards (CUSs) to eligible applying patients. 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. There is no reciprocity available for patients visiting Delaware. Details on how these laws apply to patients and medical professionals can be found below.
In 2019, anyone under the age of 21 who has been convicted of possessing a “personal use quantity” is eligible for mandatory expungement. Those convicted of a “single offense” that is related to cannabis “possession, use, or consumption” prior to December 18, 2015 are also eligible for mandatory expungement. For more information on adult expungement see Delaware's Adult Expungement Instruction Packet.
Navigating Delaware State Laws:
Patients and Caregivers: Enrolling and Accessing Medical Cannabis
Medical Professionals: Procedures for recommending Medical Cannabis
Policymakers and Advocates: Actions Needed to Improve Laws for Patients
Get involved locally!
Take Action!
Here is a breakdown of how Delaware fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Delaware can be found below. For policy updates sign up here.
Patient Rights and Civil Protections |
90/100 |
|
Arrest Protection |
25/25 |
Affirmative Defense |
20/20 |
Parental Rights Protections |
20/20 |
Employment Protections |
20/20 |
DUI Protections |
0/10 |
Explicit Privacy Standards |
5/5 |
|
Access to Medicine |
45/100 |
|
Authorizes Retail Access |
10/10 |
Alternative Accessibility Methods |
20/20 |
- Authorizes Delivery |
10/10 |
- Authorizes Curbside Pickup |
10/10 |
Personal Cultivation |
0/15 |
Collective Gardening |
0/5 |
Sufficient Number of Licensed Retailers |
15/30 |
Reciprocity |
0/20 |
|
Program Functionality |
95/100 |
|
Legal Protections Within Reasonable Time Frame |
15/20 |
Reasonable Possession Limits |
10/10 |
Reasonable Purchase Limits |
10/10 |
Telemedicine for Physician Certifications |
15/15 |
Patient and Physician Representation in Program Decision Making |
20/20 |
Reasonable Caregiver Standards |
5/5 |
- Background Checks |
2/2 |
- Number of Caregivers |
3/3 |
Reasonable Physician Standards |
5/5 |
Access to Administration Methods |
10/10 |
- Allows Dried Flower |
5/5 |
- Allows Edibles, Concentrates, and Other Forms |
5/5 |
Provides Access to Minors on School Grounds |
5/5 |
|
Affordability |
50/100 |
|
Sales Tax Break for Patients and Caregivers |
20/20 |
Covered by State Insurance or Health Aid |
0/20 |
Reasonable Registration Fees |
20/20 |
Financial Hardship Waivers or Discounts |
10/20 |
Donation Program |
0/10 |
Allows Multi-Year Registrations |
0/10 |
|
Health and Social Equity |
76/100 |
|
State Program Protections |
25/25 |
Housing Protections |
15/25 |
Access for Minors |
10/10 |
Access in Underserved Areas |
5/10 |
List of Qualifying Conditions is Exhaustive or All Inclusive |
10/10 |
Allows Patients to Medicate Where they Choose |
5/10 |
Organ Transplants |
5/5 |
Ownership or Employment Restrictions |
1/5 |
|
Consumer Protection and Product Safety |
116/200 |
|
Cultivation Operations |
9/50 |
Quality Management Systems |
0/10 |
Staff Training |
0/10 |
Standard Operating Procedures |
0/8 |
- Facility and Equipment Sanitation |
0/1 |
- Workplace Safety |
0/1 |
- Storage |
0/1 |
- Batch and Lot Tracking |
0/1 |
- Security |
0/1 |
- Waste Disposal |
0/1 |
- Water Management |
0/1 |
- Records Management |
0/1 |
Pesticide Usage Limitations |
2/2 |
Environmental Impact Regulations |
0/2 |
Required Testing |
5/8 |
- Cannabinoids |
1/1 |
- Terpenes |
1/1 |
- Microbials |
1/1 |
- Aflatoxins |
1/1 |
- Pesticides |
0/1 |
- Heavy Metals |
0/1 |
- Foreign Matter |
1/1 |
- Moisture Content/ Water Activity |
0/1 |
Packaging and Labeling |
2/3 |
- Cannabinoids |
1/1 |
- Terpenes |
0/1 |
- Pesticides |
1/1 |
Complaints, Adverse Event Reporting, and Recall Protocol |
0/7 |
Manufacturing Operations |
28/50 |
Quality Management Systems |
10/10 |
Staff Training |
5/10 |
Standard Operating Procedures |
0/7 |
- Facility and Equipment Sanitation |
0/1 |
- Workplace Safety |
0/1 |
- Storage |
0/1 |
- Batch and Lot Tracking |
0/1 |
- Security |
0/1 |
- Waste Disposal |
0/1 |
- Records Management |
0/1 |
Environmental Impact Regulations |
0/3 |
Required Testing |
6/10 |
- Cannabinoids |
1/1 |
- Terpenes |
1/1 |
- Microbials |
1/1 |
- Aflatoxins |
1/1 |
- Pesticides |
0/1 |
- Heavy Metals |
0/1 |
- Residual Solvents |
1/1 |
- Homogeneity |
0/1 |
- Foreign Matter |
1/1 |
- Water Activity |
0/1 |
Packaging and Labeling |
4/5 |
- Cannabinoids |
1/1 |
- Terpenes |
0/1 |
- Ingredients |
1/1 |
- Allergens |
1/1 |
- Nutritional Content |
1/1 |
Complaints, Adverse Event Reporting and Recall Protocol |
3/5 |
Dispensary Operations |
29/50 |
Staff Training |
20/20 |
Standard Operating Procedures |
4/7 |
- Facility Sanitation |
0/1 |
- Workplace Safety |
1/1 |
- Storage |
0/1 |
- Batch and Lot Tracking |
1/1 |
- Security |
1/1 |
- Waste Disposal |
0/1 |
- Records Management |
1/1 |
Product Testing |
5/10 |
- Product Meets Requirements Before Sale |
5/5 |
- COA Disclosure |
0/5 |
Complaints, Adverse Event Reporting and Recall Protocol |
0/13 |
Laboratory Operations |
50/50 |
Independent or Third-Party |
5/5 |
Laboratory Sampling |
5/5 |
Method Validation |
4/4 |
Quality Management Systems |
5/5 |
Staff Training |
20/20 |
Standard Operating Procedures |
7/7 |
- Facility and Equipment Sanitation |
1/1 |
- Equipment and Instrument Calibration |
1/1 |
- Workplace Safety |
1/1 |
- Sample Tracking |
1/1 |
- Security |
1/1 |
- Waste Disposal |
1/1 |
- Records Management |
1/1 |
Result Reporting |
4/4 |
|
Score Penalties |
10/100 |
|
Gives Regulatory Preference to Adult Use |
0/20 |
Classifies Cannabis as a Medicine of Last Resort |
0/15 |
Administrative or Supply Problems |
0/15 |
Requires Vertical Integration |
0/10 |
Creates New Criminal Penalties for Patients |
0/10 |
Limits Patients to a Single Retailer |
10/10 |
No System for Adding Qualifying Conditions |
0/10 |
Imposes Bans or Limits on THC |
0/5 |
Imposes Bans or Limits on CBD |
0/5 |
|
Excerpted from ASA's 2022 State of the States Report. |