{"id":372420,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-marijuana-laws.html"},"modified":"2024-09-27T16:51:16","modified_gmt":"2024-09-27T21:51:16","slug":"delaware-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-marijuana-laws.html","title":{"rendered":"Delaware Marijuana Laws"},"content":{"rendered":"\n
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Delaware Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Patience is a virtue, one that Delaware residents who sought legal access to recreational marijuana needed. Their long wait took a big step toward fulfillment with the passing of House Bill 1 (HB 1) and House Bill 2 (HB 2) on Apr. 23, 2023<\/a>. While Gov. John Carney was not for legalization, he allowed the bills to pass without his signature or a veto. The Delaware Marijuana Control Act made Delaware the 22nd state to legalize cannabis.<\/p>\r\n

What does all that mean? HB 1 allows people over 21 to possess up to 1 ounce of marijuana for personal use. HB 2 will tax and regulate cannabis sales<\/a> in the new marijuana industry. Minors (under 21) still face the possibility of civil and criminal penalties for marijuana possession.<\/p>\r\n

The state is going through the process of establishing rules of operation and determining THC<\/a> limits, licensing fees, and requirements for adult-use recreational dispensaries. Medical marijuana patients continue to enjoy access to cannabis.<\/p>\r\n

With applications for new dispensaries pushed back until at least the fall of 2024, legal sales for recreational use won’t begin immediately. Those seeking marijuana to address health issues should become aware of how the state medical marijuana program<\/a> works in Delaware.<\/p>\r\n

This article will cover these new laws and discuss how penalties for Delaware marijuana offenses have changed. Read on to learn more about Delaware cannabis laws.<\/p>\r\n

Understanding Delaware Marijuana Laws<\/h2>\r\n

In May 2011, the Delaware Medical Marijuana Act<\/a> became law, allowing and regulating the use of medical marijuana in the state. The Office of Medical Marijuana (OMM) will operate the program.<\/p>\r\n

Medical marijuana patients must apply via the OMM<\/a> on the Delaware Health and Social Services site. Successful applicants will get an ID card and be allowed to buy medical cannabis products from Delaware Medical Marijuana Compassion Centers<\/a>.<\/p>\r\n

To be eligible for medical cannabis use, a patient must have a written certification from their physician stating that marijuana would offer relief from a debilitating medical condition. Some of these conditions include:<\/p>\r\n