Recreational marijuana is not legal in Delaware, but it has been largely decriminalized. Possession of 1 oz or less results in a civil penalty of $100. Possession of more than 1 oz but less than 175 g is a misdemeanor that may result in up to 3 months in jail and/or a fine of up to $575. Possession of more than 175 g is a felony with the following punishment structure:
• 175-1500 g: Maximum term of imprisonment of 3 years. Fines determined by the court.
• 1500-3000 g: Maximum term of imprisonment of 5 years. Fines determined by the court.
• 3000-4000 g: Maximum term of imprisonment of 8 years. Fines determined by the court.
• 4000-5000 g: Maximum term of imprisonment of 15 years. Fines determined by the court.
• 5000 g or more: Minimum term of 2 years of imprisonment and maximum of 25 years. Fines determined by the court.
Cultivation of marijuana is a felony, even for patients enrolled in the state’s medicinal marijuana program. The punishment is based on the total weight of the plants.
Delaware does have a medical marijuana program and patients can possess up to 6 oz of cannabis, but they cannot grow their own. THC limits have been imposed only for minors, who may only use cannabis preparations containing 7% THC or less. There are no THC limits for patients over the age of 18. Properly licensed MDs or DOs are authorized to recommend marijuana to adult patients. For minor patients, qualifying physicians must be pediatric neurologists, pediatric gastroenterologists, pediatric oncologists, or pediatric palliative care specialists.
Physicians can recommend marijuana for any debilitating condition. Some of the most common conditions include:
• Alzheimer’s disease
• ALS (amyotrophic lateral sclerosis)
• Chronic pain
• Multiple sclerosis
• PTSD (post-traumatic stress disorder)
• Persistent muscle spasms
Delaware does not have a reciprocity program to accommodate medical marijuana patients from out of state.
For more information, see the website for Delaware’s medical cannabis program: https://dhss.delaware.gov/dhss/dph/hsp/medmarhome.html.