Delaware allows medical marijuana use under the circumstances described below. However, it is still a crime to drive under the influence of marijuana, and other laws regarding marijuana possession for non-medical purposes will still apply.
To learn more about Delaware marijuana laws in general, including possession and sale, see Delaware Marijuana Laws.
To learn about Delaware's DUI marijuana laws, see Driving Under the Influence of Marijuana in Delaware.
Does Delaware Allow Medical Marijuana Use?
Yes. Delaware has instituted the Delaware Medical Marijuana Act, which protects patients with debilitating medical conditions (and their physicians and caregivers) from prosecution and criminal penalties that apply to nonmedical marijuana possession and use. To gain such protection, these individuals must properly register with the state, and abide by the following regulations. (Del. Health & Safety Code § 4901A(g).)
Legal possession amounts
Registered patients may possess up to six ounces of usable marijuana (including seeds and stalks of the cannabis plant). (Del. Health & Safety Code § 4903A(a).) Registered caregivers may possess the same amount for each qualifying registered patient.
Registered compassion centers
Employees and volunteers at registered compassion centers may sell and dispense—but not use or consume— medical marijuana and paraphernalia to patients who present an unexpired registration ID card. Registered compassion centers may not be prosecuted for such activity, or for cultivating marijuana or providing related supplies or educational materials to patients. These centers are also allowed to sell or transfer cannabis seeds to registered medical marijuana entities in other states. (Del. Health & Safety Code § 4903A(i).)
Registered safety and compliance facility
Employees of registered safety and compliance facilities may, in the course of their job, acquire, transport, and cultivate—but not sell, use, or consume— marijuana obtained from a registered compassion center, for the purpose of testing and analyzing the samples for potency and possible contamination. Such employees may also provide training to prospective compassion center employees. (Del. Health & Safety Code § 4903A(k).)
Medicinal use presumption
As long as a registered patient possessed a valid registry ID card, and does not possess more than six ounces of marijuana, the patient’s marijuana use will be presumed medicinal, and will not be subject to prosecution. However, this presumption may be rebutted if there is evidence that the patient’s use was not actually for the purpose of treating or alleviating the patient’s medical condition or symptoms. (Del. Health & Safety Code § 4903A(f)(1).)
An Important Note on Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
