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Cannabis in Delaware

Medical cannabis was legalized in Delaware in 2011 but it took four more years for patients to access it when the first dispensary (referred to as a compassion center) opened in 2015.

There are multiple bills in the Delaware legislature currently that would significantly expand the state’s medical marijuana program. If passed, patients would be allowed to grow their own cannabis, and patients with any severe and debilitating condition who have not responded to available treatments would qualify for medical cannabis.

There is also a bill with the General Assembly to legalize, tax, and regulate cannabis for adults age 21 and older through a recreational marijuana program, but this bill won’t be discussed again until the 2020 legislature session.

Overview of Key Delaware Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? No

Personal Laws

Cannabis possession has been decriminalized in Delaware with possession of up to one ounce of marijuana by an adult treated as a civil violation. Registered medical cannabis patients may possess up to six ounces of cannabis, which must be purchased from a registered compassion center. Residents from other states who are visiting Delaware may not access medical cannabis within the state.

Patients may designate a caregiver, and that caregiver must obtain a registry ID card from the state’s Medical Marijuana Program. Caregivers may have up to five patients and purchase up to three ounces of cannabis for each patient every 14 days at registered compassion centers. A separate registry ID card is required for each patient under the caregiver’s care.

Personal Possession

Registered Medical Patient Possession: Up to 6 oz.

Registered Medical Caregiver Possession: Up to 3 oz. every 14 days per patient (up to five patients)

Non-Registered Medical Patient Possession: Up to 1 oz. (civil violation)

Personal Growing

Personal cannabis growing is not allowed in Delaware.

Registered Medical Patient Growing: None

Registered Caregiver Growing: None

Medical Cannabis Patient Qualification and Registry

Patients are required to register for a registry ID card from the state’s Medical Marijuana Program and renew their cards each year. Patients must have a qualifying condition and receive a medical marijuana recommendation from the treating doctor.

Qualifying medical conditions include:

  • Cancer
  • Terminal illness
  • HIV/AIDS
  • Decompensated Cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
  • Agitation of Alzheimer’s Disease
  • Post-Traumatic Stress Disorder (PTSD)
  • Autism with aggressive behavior
  • Glaucoma
  • Chronic debilitating migraine
  • 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

Business Laws

Vertical integration or “license stacking” is allowed, which means a company can hold multiple licenses across the Delaware supply chain (e.g., both cultivation and dispensary licenses). Residency is required to apply for a cannabis business license in Delaware.

Note that Delaware doesn’t use the term “license” for compassion centers. Instead, compassion centers apply for a “registration certificate” from the Department of Health and Social Services, and the registration certificate allows them to grow and sell cannabis to registered patients and caregivers.

License Types

  1. Dispensary Licenses (i.e., compassion center registration certificates)

License Fees

Dispensary (Compassion Center): $5,000 application fee and $40,000 certificate fee (i.e., license) fee

License Timeline

There are currently four compassion centers in the state with no announced plans to add more.

Testing

Testing is required in Delaware.

Training

Delaware does not require license holders to attend specific training.

Learn More about Cannabis in Delaware and How to Work or Start a Business in the Delaware Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in Delaware and across the country. Follow the link to learn more about our educational seminars.

Sources and More Information

Data current as of 9/29/19.