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
• Benefits of a Medical Marijuana Card in Delaware

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 Patients Follow in DE?

Delaware medical marijuana patients must follow specific rules regarding possession, purchasing, cultivation, concentrates, and marijuana paraphernalia. Registered patients should understand these requirements to avoid violating the state’s medical marijuana laws.

Delaware medical marijuana patients should keep the following rules in mind:

• Registered medical marijuana patients may purchase up to 3 ounces of usable marijuana within any 14-day period and may possess up to 6 ounces of usable marijuana. Patients should follow all Delaware medical marijuana laws and use their medical marijuana card responsibly.
• 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.
• Medical marijuana should only be purchased from licensed Delaware medical marijuana dispensaries (Compassion Centers). Buying or selling marijuana outside the state’s legal system is prohibited.
• If your treatment includes hashish or other marijuana concentrates, the same Delaware medical marijuana laws apply. Purchase and possess these products only within the state’s applicable medical marijuana limits.
• Registered medical marijuana patients and caregivers may possess marijuana paraphernalia associated with authorized medical use. However, public use, use in any form of transportation, and driving while impaired remain prohibited.

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:

• Possession
• Distribution / Intent to Sell
• 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 of 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.
• Penalties in Delaware depend on the type of violation. Conduct authorized under Delaware’s medical marijuana and adult-use laws is generally exempt from state controlled-substance penalties. However, penalties may still apply for underage possession, public use, impaired driving, possession above legal limits, or unlicensed cultivation, manufacturing, or sales.
• 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

Delaware law may increase penalties for marijuana-related offenses when certain aggravating factors apply, including:

• Committing the offense within a protected school zone.
• Using force or violence to prevent a law-enforcement officer from making an arrest or detention.
• Fleeing from law enforcement in a vehicle while creating a substantial risk of physical injury to another person.

Distribution / Intent to Sell

Adults age 21 or older may share only a personal-use quantity without payment and without a sale-related transaction. Outside licensed or authorized activity, marijuana distribution penalties include:

• Below a Tier 2 quantity: Class D felony for unlicensed manufacturing, delivery, or possession with intent to deliver.
• 1,500 to less than 5,000 grams: Class C felony, or Class B felony if a statutory aggravating factor applies.
• 5,000 grams or more: 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. 

Delaware law establishes the following penalties for marijuana paraphernalia offenses:

• 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: