Delaware Marijuana Laws

Marijuana Laws in Delaware

Recreational use of marijuana is illegal in Delaware. However, marijuana is available for medical purposes. In fact, in August, 2013, Governor Jack Markell announced that his administration will move forward with allowing regulated medical marijuana use in Delaware, with some modifications to the program. Under SB17, The Delaware Medical Marijuana Act, removes criminal sanctions and provides protection from arrest for the “compassionate, doctor-recommended use of medical marijuana by Delaware patients with serious medical conditions.”

Unlike other states that aimed for more liberal cannabis laws, marijuana laws here have greater state involvement. Patients must be at least 18 years old, and are allowed to possess up to six ounces of marijuana for medical purposes only.

Caregivers, who treat up to five patients, can pick up medicine for their very ill, housebound patients and possess it on their behalf. Since the law does not allow patients or caregivers to grow it at home, this "medicine" is only available at state-regulated, non-profit compassion centers where no more than three ounces can be dispensed to a patient every 14 days. Patients can register with one center only.

Recreational Marijuana Use is Illegal

  • Possession of any amount is a misdemeanor, punishable by 6 months in jail and a $1,150 fine. If you are caught within 1,000 feet of a school or 300 feet of a park, church or rec center you could face up to 15 years in prison and a $250,000 fine.

  • Selling (intent to sell) less than 5lbs is a felony punishable by 5 years in jail and a $1,000 - $10,000 fine. Between 5-100lbs you will get a mandatory 2 year sentence and $25,000 fine. Between 100-500lbs requires a minimum sentence of 4 years and $50,000 fine.

  • Distributing any amount to a person under 21 years old is a felony, punishable by 5 years in prison and a $1,000-10,000 fine. Punishment increases depending on the amount you have.

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Delaware Marijuana Laws

Learn the rules regarding marijuana use in Delaware.

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