Deleware (DE) Medical Marijuana Laws

Delaware’s governor signed Senate Bill No. 17 into law in May 2011, creating an exception to the state’s criminal code that permits the medical use of marijuana with a doctor’s recommendation by those 18 and older. Qualifying patients must have written documentation from their physician, which is then sent to the state Department of Health and Social Services for the issuance of a mandatory I.D. card. The statute also recognizes qualifying patients from other states. Qualifying patients who do not have an I.D. card may raise an affirmative defense motion to dismiss marijuana possession charges.

  • Illnesses: cancer; HIV/AIDS; decompensated cirrhosis; ALS; Alzheimer’s disease; post-traumatic stress disorder; medical condition that produces wasting syndrome (cachexia); severe debilitating pain that has not responded to other treatments for three months; other conditions producing severe nausea, seizures or severe muscle spasms (including but not limited to those related to multiple sclerosis).
  • Possession: 6 ounces of usable marijuana
  • Cultivation: Only licensed compassion center agents may cultivate medical marijuana for qualified patients (home cultivation is prohibited)
  • Dispensaries: Patients must register with a state-licensed, not-for-profit compassion center; compassion centers may not dispense more than 3 ounces of marijuana per patient in any 14-day period.
  • Caregivers: Must be 21 years of age or older; have not been convicted of a felony offense (limited to violent crime or a violation of state or federal drug laws); assist no more than five medical marijuana patients at a time.