Delaware

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

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For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Delaware. 

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Background on State Laws

The state of Delaware allows both medical and adult-use recreational cannabis programs. 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.

In April of 2023, Governor John Carney allowed for the legalization of recreational cannabis use in the state of Delaware with the passing of HB1 and HB2. Adults age 21 and older can possess up to one ounce of dried flower, twelve grams of cannabis concentrates, or 750 grams or less of Delta-9 THC. Home cultivation still remains illegal.

Medical cannabis use was legalized through the Delaware Medical Marijuana Act (HB 39), allowing medical cannabis patients with qualifying medical conditions to possess up to 3 ounces every 14 days, possessing no more than 6 ounces at one time. 

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 or Take Action!

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.