Delaware Marijuana Laws

Related

• How to Get a Medical Marijuana Card in Delaware
• List of Qualifying Conditions for a Medical Marijuana Card in Delaware
• About the Delaware Medical Marijuana Program
• How to Register with the DHSS and Submit Your Med Card Application

* The MMP-issued ID Card expiry date may vary. Your MMJ recommendation, along with your medical marijuana purchasing rights, are only valid for 1 year. Following that, we recommend you book a re-evaluation with us.

What Rules Must Marijuana Patient Follow in DE?

• Your patient status grants you a 3-ounce supply of marijuana allowance over a 14-day period and 6 ounces a month. There is no legal reason for you to possess any marijuana beyond that explicitly set limit.

• Growing your own marijuana plants is STRICTLY forbidden as per Delaware medical marijuana laws. Any and all medical cannabis you intend to use needs to be purchased from a state-approved dispensary.

• Regarding legal MMJ purchasing practices in Delaware – licensed DE dispensaries (also known as Compassion Centers) should be the only establishment where any cannabis-related transactions occur. Personal sales are prohibited by the court of law and you should NOT engage with them in any way, shape, or form.

• If your treatment includes hashish-based products OR any other type of marijuana concentrates, know that the regulations for unlawful use remain the same. The state of DE treats hash and concentrates just as it treats marijuana – as a Schedule I drug.

• Marijuana paraphernalia (such as bongs, tobacco blunts, and rolling paper) is NOT necessary for any type of medical marijuana treatment. Therefore, you should avoid possessing any such item or use it in order to create your own medication.

Taking all of these considerations into mind, we have outlined the three main types of marijuana penalties that Delaware cannabis laws can hold you accountable for if you don’t follow the MMP rules. They include:

1. Possession

2. Distribution / Intent to Sell

3. Paraphernalia

Important Mentions Regarding Sentencing in Delaware

Delaware weed laws are all classified under a Schedule I Drug category at federal level. However, sentencing measures have been updated regularly since the state’s foray into the world of medical marijuana. In 2015, legislation was approved with the intent to amend penalties for possession of up to one ounce of marijuana, or 28.35 grams, to be treated as a civil penalty, which would be punishable by a legal fine that would not exceed $100. 

Following that, further legislation was approved in 2019, which expanded decriminalization efforts to also account for offenses of low-level possession made by juvenile offenders. Using marijuana in public or within a moving vehicle would still be treated as a criminal offense.

The state of Delaware holds prison sentences and legal fines in the same regard across all of its marijuana-related laws and regulations: 

• The court may rule in favor of first offenders and allow for probation instead of a prison sentence or a legal fine. Probation may include state-sponsored drug treatment, a form of drug testing, driver’s license suspension, and/or community service. 

• If the offender successfully completes their probation program, then the charges against them will be dropped and no conviction will appear on their record. However, should the offender commit another drug crime, the adjudication will count as a conviction.

• Unclassified misdemeanors can be punished with up to 30 days jail time and a legal fine of no more than $575.

• Class B misdemeanors can be punished with up to 6 of jail time and a legal fine of no more than $1000. 

• Class A misdemeanors can be punished with up to 1 year of jail time, and a legal fine of no more than $2300. 

• Class G felonies can be punished with up to 2 years of jail time.

• Class F felonies can be punished with up to 3 years of jail time.

• Class E felonies can be punished with up to 5 years of jail time.

• Class D felonies can be punished with up to 8 years of jail time.

• Class C felonies can be punished with up to 15 years of jail time.

• Class B felonies can be punished with a sentence ranging between 2 to 25 years of jail time.

• Legal fines for penalties do not have a specified limit and are instead decided by the court of law during sentencing. Additionally, all drug crimes require an additional surcharge of 15% of the charge for the fund of rehabilitation. 

• Finally, the offender may also be subject to a 6-month driver’s license suspension in addition to the penalties outlined above. 

• Any assets or relevant materials related to the unlawful use, possession, sale, distribution, or manufacture of marijuana are subject to forfeiture by the forces of the law. 

Aggravating factors

Moreover, Delaware legislation also takes into account the following aggravating factors when making considerations regarding the severity of the crime:

• If the offender committed the violation near school grounds, a public park, a place of worship, or if the offense occurred within a vehicle. The offender may be rightfully accused of being in proximity to more than one of the outlined public spaces, but regardless of their number, they will still count only as a single aggravating factor. 

• If the offender was an adult and the offense in question involved a minor who was at least 4 years younger than the offender. Involvement counts if they were a co-conspirator, an accomplice, or if they were the actual/intended recipient of the marijuana. 

• If the offender, by being violent or exerting physical force, either during or immediately following their offense, intentionally resisted arrest from an officer of the law. This also applies if the offender fled from the officer via motor vehicle, thereby creating a potential risk of physical injury to other individuals.

Possession

Considering the considerable decriminalization efforts throughout the years, “is weed legal in Delaware?” remains a valid question for any resident who is still getting familiarized with the legislation surrounding personal-use possession.

For reference, the approved quantity of marijuana for personal use is one ounce. Anything beyond that is punishable as follows:

• Being found in possession of anything more than 1 ounce of marijuana, but less than 175 grams, is treated as an unclassified misdemeanor. Should one or more aggravating factors be involved, the offense will instead be treated as a class B misdemeanor.

• Being found in possession of anywhere between 175 and 1500 grams of marijuana is treated as a class F felony. For prior convictions, one results in a class D felony, while two results in a class C felony. Should two or more aggravating factors be involved, the offense will instead be treated as a class C felony.

• Being found in possession of anywhere between 1500 and 3000 grams of marijuana is treated as a class E felony. For prior convictions, one results in a class C felony, while two results in a class B felony. Should two or more aggravating factors be involved, the offense will instead be treated as a class B felony.

• Being found in possession of anywhere between 3000 and 4000 grams of marijuana is treated as a class D felony. Prior convictions result in a class B felony. Should at least one aggravating factor be involved, the offense will instead be treated as a class B felony.

• Being found in possession of anywhere between 4000 and 5000 grams of marijuana is treated as a class C felony. Should at least one aggravating factor be involved, the offense will instead be treated as a class B felony.

• Being found in possession of more than 5000 grams, regardless of aggravating factors, is treated as a class B felony. 

• Being found in possession of 5000 grams or more, regardless of a potential aggravating factor, is treated as a class B felony.

Distribution / Intent to Sell

For the distribution and sale of marijuana, Delaware state laws divide into three distinct quantities.

• Any distribution, sale, and/or manufacture of less than 1500 grams of marijuana is treated as a class D felony. For prior convictions, one results in a class C felony, while two results in a class B felony. Should one or more aggravating factors be involved, the offense will instead be treated as a class C felony. 

• Any distribution, sale, and/or manufacture of anywhere between 1500 and 4000 grams of marijuana is treated as a class C felony. Prior convictions will result in a class B felony. Should one or more aggravating factors be involved, the offense will instead be treated as a class B felony. 

• Any distribution, sale, and/or manufacture of more than 4000 grams of marijuana is treated as a class B felony. 

Paraphernalia

Delaware patients have no need to engage with any marijuana paraphernalia for their treatment unless specifically instructed by a physician. Therefore, the penalties for possession of paraphernalia and delivery should not concern law-abiding patients, but they are important to take into consideration for your own legal awareness.

• Possession of marijuana paraphernalia for the purposes of creating a personal-use quantity of less than 1 ounce of marijuana is treated as a civil penalty punishable with a legal fine not to exceed $100.

• Possession of marijuana paraphernalia for the purposes of creating a personal-use quantity of more than 1 ounce of marijuana is treated as a class B misdemeanor. 

• Delivery of marijuana paraphernalia or possession with the intent to deliver is treated as a class G felony. 

• Delivery of paraphernalia to a minor is treated as a class E felony.

Questions about the Delaware Marijuana Laws

While the penalties for each medical marijuana law are highly important to take note of, we know that state regulations do not always cover niche cases. Below you can find a list of common questions regarding medical marijuana use in Delaware: