At 35-miles across at the widest point and close to 100 miles in length, Delaware is the second smallest state in geographic size in the United States, next to Rhode Island. Located between New Jersey, Maryland, and Pennsylvania, Delaware is home to around one million residents, 381 miles of tidal coastline, and a growing marijuana program.

Is Marijuana Legal in Delaware?

As of March 2017, medical marijuana has been legalized in Delaware. Additionally, the state has decriminalized possession of limited amounts for adults 21 and up.

When Did Marijuana Become Legal in Delaware?

The Delaware Medical Marijuana Act was signed into law in May 2011, allowing residents with approved medical conditions to access marijuana for treatment. Decriminalization, which removed penalties such as a marks on one’s criminal record, jail, and fines, became law in December 2015.

Where Are Dispensaries in Delaware Located?

Dispensaries, or compassion centers, cannot be fully banned by any city, town, or county. Despite medical marijuana having been legalized in 2011, the first compassion center location was not fully operational until the summer of 2015.

As of August 2018, three compassion centers, aka dispensaries, have opened and can legally serve patients.

Are Delaware Dispensaries Medical? Recreational? Both?

In the coming years, lawmakers in Delaware are expected to push for adult-use legalization, similar the measure in Colorado or, more recently, Massachusetts.

Until then, only medical marijuana dispensaries may operate legally.

Who Can Be a Medical Marijuana Patient in Delaware?

To be issued a registration card to purchase medical marijuana in Delaware, adults 18 and older must receive a positive diagnosis for one (or more) of the following medical conditions:

• Amyotrophic lateral sclerosis (ALS)
• Decompensated cirrhosis (such as those seen in Hepatitis C)
• Cancer
• HIV or AIDS
• Agitation of Alzheimer's disease
• Post-traumatic Stress Disorder (PTSD)*
• Intractable epilepsy
• Autism, with aggressive or self-injurious behavior
• Any terminal illness

If a condition, disease, or treatment produces any of the following, it may also be an acceptable diagnosis:

• Cachexia, also known as wasting syndrome
• Severe pain which has not responded to previous medical treatment - whether through surgery or medication - for a duration of at least 90 days. In the event the medication or treatment options cause severe side effects, medical marijuana may be recommended.
• Severe nausea
• Seizures
• Persistent or severe muscle spasms, such as those seen in Multiple Sclerosis

Any patient diagnosed with PTSD must be recommended to the program by a psychiatrist. Additionally, minors under 18 may participate in the program, but Delaware has further limited the illnesses or conditions which, in pediatrics, may be acceptably treated with cannabis:

• Intractable epilepsy
• Cachexia or wasting syndrome
• Severe nausea
• Painful, persistent, or severe muscle spasms

How Do I Become a Medical Marijuana Patient in Delaware?

After receiving a certification from a physician qualified to practice medicine in Delaware, any certified patient must submit an application to the Delaware Division of Public Health. What you’ll need:

• Proof of residency in Delaware

• Doctor certification

• Proof of ID (such as a birth certificate)

• Application fee ($125/ year)

Any patient younger than 18 must be recommended by a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, or pediatric palliative care specialist.

The parent or legal guardian of any patient under 18 must consent in writing to the treatment and agree to be the minor’s caregiver.

Where Can I Consume Marijuana?

The final regulations supporting the Delaware medical marijuana program prohibit the use of marijuana:

• In any school bus or vehicle accessible to the public
• On the grounds of any school (except by the patient caregiver, as medically necessary)
• At a patient or caregiver’s place of employment
• At a public park
• At a youth recreation center
• In any public place

Public places can include, but are not limited to: alleys, parking lots, sidewalks, streets, parks, playgrounds, stores, restaurants, and anywhere the public is generally accepted.

Public consumption is punishable by a $100 fine and possible forfeiture of the marijuana.

How Do I Find a Job in the Marijuana Industry of Delaware?

All compassion center employees must be at least 21 years old, live in Delaware, and cannot have been convicted by of a misdemeanor-level drug offense in the last five years. Additionally, the individual cannot have been convicted of any felony-level offense.

The individual must apply to the compassion center, which will include fingerprinting and a background check  Each step is paid for by the applicant or the compassion center.

Is Drug Testing For Marijuana Legal in Delaware?

Unless the employer is going to lose money to state regulation and laws, employers cannot discriminate, upon hire or during the patient's employment, against an employee solely for being a medical marijuana patient. This does not, however, require an employer to allow the use of marijuana on the job, nor does it stop an employer from assessing if someone is intoxicated while at work by taking a drug test.

Is Delivery of Marijuana Legal in Delaware?

Delivery from a compassion facility to a patient does appear to be legal. During the transportation, all products must be kept in original packaging and sealed, with a description of the product and date.

How Do I Pay for Marijuana in Delaware Dispensaries?

Delaware allows marijuana to be purchased with cash or debit card. The continued illegal status of marijuana on the federal level keeps credit and many financial services from being legally used in dispensary locations.