How’s Pot Doing in Delaware?
Cannabis is 80% legal in Delaware
Cannabis Legality in Delaware
Delaware’s cannabis laws have undergone significant changes in recent years, with the state taking steps to legalize and regulate cannabis for both medical and recreational use. This report provides a comprehensive overview of the current legal status of cannabis in Delaware, addressing the legality of possession, purchase, and cultivation for medical marijuana patients and adults.
Is it Legal for Medical Marijuana Patients to Possess THC-Containing Cannabis Products?
Yes, it is legal for medical marijuana patients to possess THC-containing cannabis products in Delaware. The state’s medical cannabis program, which has been operational since July 2011, allows patients with qualifying conditions to access and possess medical marijuana. As of 2023, medical marijuana patients and caregivers are allowed to possess up to six ounces of marijuana at one time (Leafly, 2023). This possession limit is significantly higher than the one-ounce limit for recreational users, reflecting the state’s recognition of the greater needs of patients using cannabis for therapeutic purposes.
Is it Legal for Medical Marijuana Patients to Buy THC-Containing Cannabis Products in a Store?
Yes, medical marijuana patients in Delaware can legally purchase THC-containing cannabis products from licensed dispensaries, also known as compassion centers. These dispensaries are authorized to sell medical marijuana to registered patients. The Delaware Medical Marijuana Program (MMP) oversees the sale of medical marijuana through these compassion centers, ensuring that patients have access to safe and regulated products (DHSS Delaware, 2023).
Is it Legal for Medical Marijuana Patients to Grow THC-Containing Cannabis?
No, medical marijuana patients in Delaware are not permitted to grow their own THC-containing cannabis. The state requires that all medical marijuana be obtained through licensed compassion centers, which are regulated to ensure the quality and safety of the products dispensed (Delaware Health and Social Services, 2023).
Is it Legal for Adults to Have THC-Containing Cannabis Products?
Yes, as of April 2023, adults aged 21 and over in Delaware are legally allowed to possess up to one ounce of THC-containing cannabis products for personal use. This change in law came about with the passage of House Bill 1, which removed penalties for the possession of a personal use quantity of marijuana for adults (House Dems Delaware, 2023; US News, 2023).
Is it Legal for Adults to Buy THC-Containing Cannabis Products in a Store?
As of the current date, November 17, 2023, adults in Delaware are not yet able to legally purchase THC-containing cannabis products from stores for recreational use. However, this is set to change in the near future. The Delaware Marijuana Control Act, established by House Bill 2, lays the groundwork for the cultivation, sale, and possession of marijuana for recreational purposes, with retail sales expected to begin in 2024 (Leafly, 2023; US News, 2023).
Is it Legal for Adults to Grow THC-Containing Cannabis?
No, adults in Delaware are not allowed to grow their own THC-containing cannabis for personal use. The state’s cannabis laws prohibit personal cultivation for both recreational users and medical marijuana patients. This restriction is in place to control the production and distribution of cannabis, ensuring that it is done in a safe and regulated environment (US News, 2023).
Conclusion
In summary, Delaware has made significant strides in reforming its cannabis laws. Medical marijuana patients have the legal right to possess and purchase THC-containing cannabis products from licensed dispensaries, although they are not allowed to cultivate their own plants. For adults, possession of up to one ounce of cannabis is legal, but the purchase of recreational cannabis will not be possible until 2024, and cultivation remains illegal. These laws reflect a shift towards a more progressive approach to cannabis, balancing the need for access to medical patients with efforts to regulate and control the use of cannabis among the general population.
References
- Leafly. (2023). Delaware Marijuana Laws. Retrieved from https://www.leafly.com/learn/legalization/delaware
 - Delaware Health and Social Services. (2023). Delaware Medical Marijuana Program (MMP) Report FY23. Retrieved from https://dhss.delaware.gov/dhss/dph/hsp/files/MMReportFY23.pdf
 - Delaware Health and Social Services. (2023). Division of Public Health Health Systems Protection (HSP) 4470. Retrieved from https://regulations.delaware.gov/AdminCode/title16/Department of Health and Social Services/Division of Public Health/Health Systems Protection (HSP)/4470.shtml
 - House Dems Delaware. (2023). Marijuana Legalization & Regulation Bills Delivered to Governor. Retrieved from https://housedems.delaware.gov/2023/04/14/marijuana-legalization-regulation-bills-delivered-to-governor/