Is Cannabis Legal In Delaware?

Marijuana is currently illegal for recreational use in Delaware, but the state does have a medical marijuana program in place.

Cannabis for Medical Use in Delaware

Delaware passed legislation allowing for the use of medical marijuana in 2011. Under the state’s medical marijuana program, patients with certain qualifying medical conditions are allowed to use and possess marijuana for medicinal purposes. These conditions include cancer, HIV/AIDS, and post-traumatic stress disorder, among others. In order to be eligible for the program, patients must obtain a written recommendation from a licensed physician and register with the state.

As of 2021, there were over 8,000 registered medical marijuana patients in Delaware, and the state had licensed three dispensaries to sell marijuana to these patients. In addition to these dispensaries, the state also allows for the operation of licensed production facilities, which are responsible for growing and processing marijuana for sale to patients.

In recent years, Delaware has taken steps to expand and improve its medical marijuana program. In 2021, the state passed legislation allowing for the establishment of additional dispensaries and production facilities, as well as the creation of new cannabis-based products, such as topicals and lozenges. These changes are aimed at increasing access to medical marijuana for patients in the state and improving the overall quality of the program.

Qualifying Conditions

  • Terminal illness
  • Cancer
  • Positive status for Human Immunodeficiency Virus (HIV Positive)
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Decompensated cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS / Lou Gehrig’s Disease)
  • Agitation of Alzheimer’s disease
  • Post-traumatic Stress Disorder (PTSD)
  • Intractable epilepsy
  • Autism with self-injurious or aggressive behavior
  • Glaucoma
  • Chronic Debilitating Migraines
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following
    • Cachexia or wasting syndrome
    • Severe, debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects.
    • Intractable nausea
    • Seizures
    • Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis

Recreational Use of Cannabis in Delaware

The recreational use of cannabis in the state of Delaware is still illegal.

Where Can I Get Cannabis in Delaware?

In Delaware, licensed dispensaries sell medical cannabis products. These dispensaries are specifically licensed to sell marijuana and marijuana-infused products to registered medical marijuana patients.