Delaware MMJ Laws
What you need to know as a MMJ patient
About the Delaware MMJ Program
On May 13th, 2011, Delaware signed Senate Bill 17. Soon after, on July 1st, 2011, it entered into effect, bringing the Delaware MMJ laws into effect with it.
This bill allowed patients with a qualifying medical condition to benefit from the use of mmj for “medicinally therapeutic purposes.” This would be done through a written recommendation from a specialized physician.
While the Delaware MMJ Program took several years to implement, it finally saw the opening of its first medical dispensary near Wilmington, the state’s largest city on June 26th, 2015.
Following 2015’s remarkable signing, the MPP also saw major changes in both 2018 and 2019 regarding its legislation for the discharge of Delaware’s MJ-related crimes. Senate Bill 197, signed on the 29th of August 2018, allows first possession offenders of up to an ounce of mj to be automatically eligible for a cleared record. Moreover, Senate Bill 37, which was signed less than a year later, on June 30th 2019, allows for first-offender mj misdemeanor charges to be dropped after five years, while felony charges after seven.
Finally, 2019’s House Bill 110 also brought a ray of hope for the legalization of adult-use mj, entering into the Delaware senate on May 16th 2019. In current times, House Bill 110’s status is still currently in debate during Delaware’s 2021-2022 legislation assembly.
Delaware’s road to MMJ legalization was well-paved by its adamant legislation.
Program Approval Date
July 2011
Patient ID Card Validity
1 year
Application Fee
$50
Certification Renewal
Annually*
* The MMP-issued ID Card expiry date may vary. Your MMJ recommendation, along with your MMJ purchasing rights, are only valid for 1 year. Following that, we recommend you book a re-evaluation with us.
Being a Responsible MMJ Patient in DE
Even with Delaware’s commendable efforts towards mj decriminalization, your responsibility as a representative of the state’s MMP remains unchanged – you have to be aware of the DE MMJ law, uphold it at all times while you are undergoing your treatment, and ensure that you are not abusing any of the benefits provided by your med card.
Any MMJ patient in Delaware should know that:
- Your patient status grants you 3 ounce supply mj allowance over a 14-day period. There is no legal reason for you to possess any mj beyond that explicitly set limit.
- Growing your own mj plants is STRICTLY forbidden as per Delaware MMJ laws. Any and all MMJ you intend to use needs to be purchased from a state-approved dispensary.
- Regarding legal MMJ purchasing practices in Delaware – licensed DE dispensaries (also known as Compassion Centers) should be the only establishment where any mj-related transactions occur. Personal sales are prohibited by the court of law and you should NOT engage with them in any way, shape, or form.
- If your treatment includes hashish-based products OR any other type of mj concentrates, know that the regulations for unlawful use remain the same. The state of DE treats hash and concentrates just as it treats mj – as a schedule I drug.
- MJ paraphernalia (such as bongs, tobacco blunts, rolling paper) is NOT necessary for any type of MMJ treatment. Therefore, you should avoid possessing any such item or use it in order to create your own medication.
Taking all of these considerations into mind, we have outlined the three main types of mj penalties that Delaware MMJ laws can hold you accountable for if you don’t follow the MMP rules.
Important Mentions Regarding Delaware Sentencing
Delaware MMJ laws are all classified under a Schedule I Drug category at federal level. However, sentencing measures have been updated regularly since the state’s foray into the world of mmj. In 2015, legislation was approved with the intent to amend penalties for possession of up to one ounce of mj, or 28.35 grams, to be treated as a civil penalty, which would be punishable by a legal fine that would not exceed $100.
Following that, further legislation was approved in 2019, which expanded decriminalization efforts to also account for offenses of low-level possession made by juvenile offenders. Using mj in public or within a moving vehicle would still be treated as a criminal offense.
The state of Delaware holds prison sentences and legal fines in the same regard across all of its mj-related laws and regulations:
- The court may rule in favor of first offenders and allow for probation instead of a prison sentence or a legal fine. Probation may include state-sponsored drug treatment, a form of drug testing, driver’s license suspension, and/or community service.
- If the offender successfully completes their probation program, then the charges against them will be dropped and no conviction will appear on their record. However, should the offender commit another drug crime, the adjudication will count as a conviction.
- Unclassified misdemeanors can be punished with up to 30 days jail time and a legal fine of no more than $575.
- Class B misdemeanors can be punished with up to 6 of jail time and a legal fine of no more than $1000.
- Class A misdemeanors can be punished with up to 1 year of jail time, and a legal fine of no more than $2300.
- Class G felonies can be punished with up to 2 years of jail time.
- Class F felonies can be punished with up to 3 years of jail time.
- Class E felonies can be punished with up to 5 years of jail time.
- Class D felonies can be punished with up to 8 years of jail time.
- Class C felonies can be punished with up to 15 years of jail time.
- Class B felonies can be punished with a sentence ranging between 2 to 25 years of jail time.
- Legal fines for penalties do not have a specified limit and are instead decided by the court of law during sentencing. Additionally, all drug crimes require an additional surcharge of 15% of the charge for the fund of rehabilitation.
- Finally, the offender may also be subject to a 6-month driver’s license suspension in addition to the penalties outlined above.
- Any assets or relevant materials related to the unlawful use, possession, sale, distribution, or manufacture of mj are subject to forfeiture by the forces of the law.
Aggravating Factors
Moreover, Delaware legislation also takes into account the following aggravating factors when making considerations regarding the severity of the crime:
- If the offender committed the violation near school grounds, a public park, a place of worship, or if the offense occurred within a vehicle. The offender may be rightfully accused of being in proximity to more than one of the outlined public spaces, but regardless of their number, they will still count only as a single aggravating factor.
- If the offender was an adult and the offense in question involved a minor who was at least 4 years younger than the offender. Involvement counts if they were a co-conspirator, an accomplice, or if they were the actual/intended recipient of the mmj.
- If the offender, by being violent or exerting physical force, either during or immediately following their offense, intentionally resisted arrest from an officer of the law. This also applies if the offender fled from the officer via motor vehicle, thereby creating a potential risk of physical injury to other individuals.
Possession
Delaware MMJ Laws
Considering the considerable decriminalization efforts throughout the years, “is MMJ legal in Delaware?” remains a valid question for any resident who is still getting familiarized with the legislation surrounding personal-use possession.
For reference, the approved quantity of mj for personal use is one ounce. Anything beyond that is punishable as follows:
- Being found in possession of anything more than 1 ounce of mj, but less than 175 grams, is treated as an unclassified misdemeanor. Should one or more aggravating factors be involved, the offense will instead be treated as a class B misdemeanor.
- Being found in possession of anywhere between 175 and 1500 grams of mj is treated as a class F felony. For prior convictions, one results in a class D felony, while two results in a class C felony. Should two or more aggravating factors be involved, the offense will instead be treated as a class C felony.
- Being found in possession of anywhere between 1500 and 3000 grams of mj is treated as a class E felony. For prior convictions, one results in a class C felony, while two results in a class B felony. Should two or more aggravating factors be involved, the offense will instead be treated as a class B felony.
- Being found in possession of anywhere between 3000 and 4000 grams of mj is treated as a class D felony. Prior convictions result in a class B felony. Should at least one aggravating factor be involved, the offense will instead be treated as a class B felony.
- Being found in possession of anywhere between 4000 and 5000 grams of mj is treated as a class C felony. Should at least one aggravating factor be involved, the offense will instead be treated as a class B felony.
- Being found in possession of more than 5000 grams, regardless of aggravating factors, is treated as a class B felony.
- Being found in possession of 5000 grams or more, regardless of a potential aggravating factor, is treated as a class B felony.
|
Possession |
|||
|
Quantity |
Penalty |
Jail Time |
Legal Fine |
|
<1oz |
Civil Penalty |
N/A |
$100 |
|
1oz —175g |
Misdemeanor |
30 days |
$575 |
|
175 — 1500g |
Felony |
3 years |
Decided in court* |
|
1500 — 3000g |
Felony |
5 years |
Decided in court* |
|
3000 — 4000g |
Felony |
8 years |
Decided in court* |
|
4000 — 5000g |
Felony |
15 years |
Decided in court* |
|
>5000g |
Felony |
2 — 25 years |
Decided in court* |
|
Special Considerations |
|||
|
Prior convictions and aggravating factors will increase the severity of the offense. |
|||
|
*Maximum legal fines for felony charges are at the discretion of the court of law. |
|||
Distribution / Intent to Sell
Delaware MMJ Laws
For the distribution and sale of MJ, Delaware state laws divide into three distinct quantities:
- Any distribution, sale, and/or manufacture of less than 1500 grams of mj is treated as a class D felony. For prior convictions, one results in a class C felony, while two results in a class B felony. Should one or more aggravating factors be involved, the offense will instead be treated as a class C felony.
- Any distribution, sale, and/or manufacture of anywhere between 1500 and 4000 grams of mj is treated as a class C felony. Prior convictions will result in a class B felony. Should one or more aggravating factors be involved, the offense will instead be treated as a class B felony.
- Any distribution, sale, and/or manufacture of more than 4000 grams of mj is treated as a class B felony.
| Sale and Distribution | |||
| Quantity | Penalty | Jail Time | Legal Fine |
| <1500g | Felony | 8 years | Decided in court* |
| 1500 — 4000g | Felony | 15 years | Decided in court* |
| >4000g | Felony | 2 — 25 years | Decided in court* |
| Special Considerations | |||
| Prior convictions and aggravating factors will increase the severity of the offense. | |||
| *Maximum legal fines for felony charges are at the discretion of the court of law. | |||
Paraphernalia
Delaware MMJ Laws
Delaware patients have no need to engage with any MMJ paraphernalia for their treatment unless specifically instructed by a physician. Therefore, the penalties for possession of paraphernalia and delivery should not concern law-abiding patients, but they are important to take into consideration for your own legal awareness:
- Possession of mj paraphernalia for the purposes of creating a personal-use quantity of less than 1 ounce of mj is treated as a civil penalty punishable with a legal fine not to exceed $100.
- Possession of mj paraphernalia for the purposes of creating a personal-use quantity of more than 1 ounce of mj is treated as a class B misdemeanor.
- Delivery of mj paraphernalia or possession with the intent to deliver is treated as a class G felony.
- Delivery of paraphernalia to a minor is treated as a class E felony.
| Paraphernalia | |||
| Offense | Penalty | Jail Time | Legal Fine |
| Possession for personal use of <1oz | Civil Penalty | N/A | $100 |
| Possession for personal use of >1oz | Misdemeanor | 6 months | $1000 |
| Delivery/intent to deliver | Felony | 2 years | Decided in court* |
| Distribution to a minor | Felony | 3 years | Decided in court* |
| Special Considerations | |||
| *Maximum legal fines for felony charges are at the discretion of the court of law. | |||
FAQ
Delaware MMJ Laws
Questions about DE Laws and Regulations
While the penalties for each MMJ law are highly important to take note of, we know that state regulations do not always cover the niche cases.
Below you can find a list of common questions regarding MMJ use in Delaware:
Is mmj legal in Delaware?
For medical use, yes. Following the signing of the Delaware MMJ Act in 2011, patients approved by the OMM are allowed to purchase mj-based products for medical use. However, this should be occurring only through the purchase of said products from specialized dispensaries. Patients are NOT allowed to grow or cultivate mj at home.
Recreational use of mmj is still considered illegal at this point in time, but the discussion about Delaware’s legalization of adult-use mj has been open in-senate since 2020. It remains to be seen whether the outcome of HB 110 will impact the future of Delaware’s potential mj market.
Can my employer see that I am a certified mmj patient?
No. Your information with the Department of Health is confidential and private. So, no one else will have access to it. Moreover, QuickMedCards is fully HIPAA compliant. As a result, all your patient data is private and secure.
Is CBD oil legal in DE?
Yes. Just like all of the other products listed above, CBD oil can easily be acquired from any local Delaware dispensary, and it remains one of the most popular methods of medical cannabis administration.
Did you know that all patients who get their recommendation thru QuickMedCards get free CBD included?
Can I go to a dispensary without a card?
Card-less purchases for unregistered patients are strictly prohibited by Delaware’s MMP. As such, before becoming a patient, you should know the following about owning a med card:
- Patients with a valid Delaware marijuana card can buy marijuana from any dispensary in the state.
- In addition, patients can possess up to 6 ounces of medical marijuana.
- Most importantly, qualifying patients can legally consume marijuana within the state.
If you have a medical card, where can you smoke your mmj?
You should use your medicine in the seclusion of your home to enjoy full legal protection. Most importantly, you can’t smoke mj in any public place, or moving vehicle.
Can I use my medical card in another state?
Unfortunately, no. Delaware has no marijuana reciprocity agreements with other states.
Couldn’t find what you were looking for?
Questions about DE Laws and Regulations
While the penalties for each MMJ law are highly important to take note of, we know that state regulations do not always cover the niche cases.
Below you can find a list of common questions regarding MMJ use in Delaware:
Is MMJ legal in Delaware?
For medical use, yes. Following the signing of the Delaware MMJ Act in 2011, patients approved by the OMM are allowed to purchase mj-based products for medical use. However, this should be occurring only through the purchase of said products from specialized dispensaries. Patients are NOT allowed to grow or cultivate mj at home.
Recreational use of mj is still considered illegal at this point in time, but the discussion about Delaware’s legalization of adult-use mj has been open in-senate since 2020. It remains to be seen whether the outcome of HB 110 will impact the future of Delaware’s potential mj market.
Can my employer see that I am a certified MMJ patient?
No. Your information with the Department of Health is confidential and private. So, no one else will have access to it. Moreover, QuickMedCards is fully HIPAA compliant. As a result, all your patient data is private and secure.
Is CBD oil legal in DE?
Yes. Just like all of the other products listed above, CBD oil can easily be acquired from any local Delaware dispensary, and it remains one of the most popular methods of medical cannabis administration.
Did you know that all patients who get their recommendation thru QuickMedCards get free CBD included?
Can I go to a dispensary without a card?
Card-less purchases for unregistered patients are strictly prohibited by Delaware’s MMP. As such, before becoming a patient, you should know the following about owning a med card:
- Patients with a valid Delaware marijuana card can buy marijuana from any dispensary in the state.
- In addition, patients can possess up to 6 ounces of medical marijuana.
- Most importantly, qualifying patients can legally consume marijuana within the state.
If you have a medical card, where can you smoke your MMJ?
You should use your medicine in the seclusion of your home to enjoy full legal protection. Most importantly, you can’t smoke mj in any public place, or moving vehicle.
Can I use my medical card in another state?
Unfortunately, no. Delaware has no marijuana reciprocity agreements with other states.
Couldn’t find what you were looking for?