Rather than by ballot initiative, medical marijuana became legal in Delaware by an act of the state congress. Signed into law May 13th, 2011, the Delaware Medical Marijuana Act was passed with over 75% support in the state Senate. To license patients, caregivers, and dispensary locations, the law required a licensing and compliance network be established by the Delaware Division of Public Health, under the Department of Human and Social Services. The law clarified the limitations and responsibilities for physicians, regulators, patients, and law enforcement and set expectations for how a patient may access marijuana or marijuana-infused products.

In December 2015, over four years after the medical marijuana program became law, lawmakers in the state again voted to reform laws specific to marijuana, this time removing many of the criminal penalties for possession or use of marijuana for adults 21 and older.

Purchase and Possession Limits

Patients and their primary caregiver are able to possess no more than six ounces at any one time. Additionally, a compassion center may sell no more than three ounces to a patient or caregiver every fourteen days.

Under decriminalization laws, adults 21 and older who are caught in possession of one ounce or less of marijuana are subject to a civil fine of $100. Public consumption remains a criminal offense, complete with a $200 fine and misdemeanor charges.

Driving while Intoxicated

Delaware does not permit the use of marijuana in any vehicle, public or private. Not only is use prohibited, being intoxicated behind the wheel of a vehicle is prohibited for everyone, including valid medical patients. Any individual caught driving while under the influence of marijuana, which is not determined solely by the presence of any marijuana metabolite in the blood of an individual, may have to spend as much as two months in jail and be fined as much as $1,500 for the first offense.

Driving while in possession of marijuana

Delaware allows medical marijuana patients and their primary caregiver to possess marijuana and marijuana-infused products while in a motor vehicle, yet the patient is forbidden from consuming the product while in the vehicle. Rather, the marijuana must be kept in the original container as sold in the compassion center. To be extra safe, the products should be in a secure place out of reach.

Marijuana Use by Minors

Delaware prohibits the use of marijuana by people of all ages; however, the penalties fluctuate based age. For any person between the ages of 18 and 20, possession of one ounce or less of marijuana is penalized by a civil fine of $100; however, the use of marijuana for those age 18-20 remains a misdemeanor punishable by a $200 fine and as much as five days in jail. For those under the age of 18, possession and use remains a misdemeanor, but is fined an amount of only $100.

Minors can be registered into the medical marijuana program by their parent or legal guardian. Minor patients must be recommended to the program by a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, or pediatric palliative care specialist, and the parent or legal guardian must be the primary caregiver and purchase the medication for the child. Minor patients are eligible to purchase pediatric medical marijuana oils from a dispensary, and nothing else.

As defined, a pediatric medical marijuana oil can be one of two things:

• Cannabidiol (CBD) oil: Containing at least 15% CBD and no more than 7% THC
• THC-A oil: Containing at least 15% THC-A and no more than 7% THC in nonacid form.

Additional formulations of pediatric medical marijuana oils may be recommended and approved by the Medical Marijuana Act Oversight Committee.

Growing Marijuana at Home

Marijuana cannot be grown at home legally by any person. Compassion centers are the only facilities in Delaware legally able to grow marijuana for medical patients.

Places to Consume Legally

Between Delaware medical marijuana laws and decriminalization, marijuana cannot be consumed:

• On a school bus
• On the property or grounds of any school, public or private
• In any vehicle, public or private
• At a public park, youth center, or recreation facility
• At 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.

Legalization Outlooks

In March 2017, Delaware lawmakers introduced House Bill 110, which would create a regulatory framework for licensing businesses to sell marijuana and marijuana-infused products to adults 21 and older. The bill would tax marijuana sales from the cultivator to a product manufacturer (such as an edible or concentrate producer) or dispensary at a rate of $50/ oz on marijuana flower, $15/ oz on all plant parts which are not flowers, and $25/ oz on all immature plants.

The Department of Education and Department of Health and Social Services would each get 20% of the revenue. The destination for remaining revenue has not yet been decided.