Is Weed Legal In Delaware?

Is Weed Legal In Delaware?

This article by Catherine Phung was originally published on The Green Fund, and appears here with permission.

Is Weed Legal in Delaware? Is Medical Marijuana Legal in Delaware? Can Delaware Residents Use Recreational Pot Legally?

The US state of Delaware is located on the east coast and is known as "the first state" ever since December 7th 1787. This is because they were the first to ratify the United States constitution.

Now the question you want answered – Is weed legal in Delaware? Short answer, no. Long answer, kind of no.

Is Recreational Marijuana Legal in Delaware?

Unfortunately, no. Weed is not legal in Delaware for recreational purposes. But with the progressive legalisation laws of weed in recent times this may change.

In 2016, 61% of Delaware residents supported implementing marijuana reform.Morgan Roger of Civilized

Governor Markell passed a decriminalization bill in 2015 that all0wed individuals to possess less than 1 ounce of marijuana at the expense of a $100 fine if caught. And this would be classified as a civil infraction. If you have more than an ounce, you can be fined a minimum of $575 and issued 3 months imprisonment but this can increase with the amount of marijuana you possess.

Under this bill, it was illegal for minors (under the age of 21) to possess any amount of marijuana. However, as of 2019, juveniles also fall under the decriminalization bill.

According to the Marijuana Policy Project, "The 2018 law — SB 197 — allows individuals with a single conviction for possessing up to an ounce of marijuana to automatically qualify to clear their record. To receive an expungement, individuals must first request their certified records from the State Bureau of Identification. Then, they pay a fee and fill out a form to apply for mandatory expungement."

Is Medical Marijuana Legal in Delaware?

Yes, medical marijuana is legal in Delaware. Medical marijuana has been used as a herbal remedy for centuries and is legal in the majority of US states. In 2011, the governor passed a legislation that allowed patients 18 years and older to use marijuana for serious medical conditions – including but not limited to epilepsy, cancer, Alzheimer's disease and post-traumatic stress disorder. Under this legislation, qualifying patients can possess 3 ounces of usable weed every 14 days which equates to no more than 6 ounces per month.

In order to possess medical marijuana, patients must obtain a medical marijuana card that costs $125 which must be renewed on an annual basis. Currently, around 340 Delaware citizens hold medical marijuana cards issued by the Delaware Health and Social Services.

Read the original Article on The Green Fund.

Benzinga's Related Links: 

Posted In: contributorcontributorsDelawareLegalizationCannabisMarkets


Meet the biggest cannabis industry players and make deals that will push the industry forward.

Featuring live company presentations, insider panels, and unmatched access to networking, the Benzinga Cannabis Capital Conference is where cannabis executives and entrepreneurs meet.

Join us September 13-14, 2022 at The Palmer House in Chicago, IL.