Is medical and recreational marijuana legal in the state of Delaware?

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Map of Delaware with a background of marijuana plants
Map of Delaware with a background of marijuana plants


Yes and no, the use of medical cannabis for certain diseases is allowed in Delaware, but recreational marijuana is still illegal in this state. Possession of small amounts is decriminalized, and so that you do not make a lot of trouble with what you can do and what not in this state of the USA, we are going to explain everything well, so take note.



⚠️ Recreational marijuana in Delaware



Although in the year 2,018 this state was on the verge of legalizing the use of recreational marijuana to people over 21 years of age, at the moment it is still not legal. The good thing is that since 2015 the possession of up to 1 ounce (28.3 grams) is only a civil offense, with a $ 100 fine, and if the amount does not exceed 175 grams it is a minor offense, punishable by a penalty $ 575 and 3 months in prison.



🧐 Medical marijuana in Delaware


Patients with a medical patient card or their caregivers can legally possess up to 6 ounces (175 grams) of marijuana since Governor Jack in 2011 Markell signed the Delaware state medical marijuana law.


Tarjeta de marihuana medicinal ¿Cómo conseguirla?

Es necesario ser residente en este estado, y ser mayor de edad o de lo contrario tener el consentimiento de los padres o tutores. Hay que darse de alta en el registro de pacientes de Delaware, pagar la tasa anual que es de 175$, y conseguir la certificación de un médico autorizado que acredite que el paciente tiene alguna de las enfermedades de la siguiente lista:


  • Cáncer
  • Chronic debilitating headaches
  • Glaucoma
  • Hepatitis C
  • HIV / AIDS
  • Intractable Epilepsy
  • Intractable Náusea
  • Post-traumatic stress disorder (PTSD)disorder
  • Seizure disorder
  • Severe autism
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS) or Lou Gehrig’s disease
  • Cachexia or wasting syndrome
  • Severe and persistent muscle spasms, including multiple sclerosis
  • Severe and debilitating pain that has not responded to the previously prescribed medication
  • Terminal illness


In the case of minors, there is another list of pathologies that qualify to be treated with medical cannabis, you can see it below:


  • Intractable epilepsy
  • Severe debilitating autism
  • Disease terminal involving pain, anxiety, or related depression terminally ill
  • A chronic or debilitating medical illness or condition in which treatment failed with one or more of the following symptoms:
  • Intractable cachexia (wasting syndrome)
  • Náusea
  • Severe, painful and persistent muscle spasms.


Cannabis laws in Delaware, requirements for access to medical marijuana
Cannabis laws in Delaware, requirements for access to medical marijuana


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🎬 Location of Delaware Medical Marijuana Dispensaries


Since the use of medical marijuana was legalized in this state, more and more medical dispensaries are offering cannabis to patients.

We have created a ranking with what we think may be the best dispensaries in the state of Delaware, based on customer ratings, which you can see below:


Top 10 Best Dispensaries in Delaware


  1. First State Compassion – Lewes
  2. Nature’s Way Medicine – Wilmington
  3. Fresh Cannabis – Newark
  4. Colombia Care – Wilmington
  5. Colombia Care – Rehoboth Beach
  6. First State Compassion – Wilmington
  7. Colombia Care – Smyrna
  8. Fresh Cannabis – Wilmington
  9. Canna Care Docs – Wilmington
  10. Medicalm – Wilmington



👾 Is it legal to smoke marijuana in this condition?


Yes, it is legal, but only in private places and out of reach of the public eye. The ideal thing to do to smoke a joint or use marijuana in any other way in Delaware is to do it inside a private home, as long as you have the owner’s permission to do so.

The fines for consuming yerba in a public place in this state are not as high as in other places in the USA, and if the ounce is not exceeded, there will be a $ 200 penalty and up to 5 days in prison.


Cannabis laws in Delaware, penalties and permitted uses
Cannabis laws in Delaware, penalties and permitted uses



🎯 Is the cultivation of marijuana for self-consumption allowed?


No, growing marijuana plants is still illegal in Delaware, even for patients with a medical patient card. This is one of the points where the law in this state still needs to improve, and we assume that it will not take long to achieve it.


🔥 Conclusion


It could be said that Delaware is at the center of the ranking of the most permissive states in the USA with cannabis. The possibility of legalizing recreational marijuana for adult use is currently under consideration, and will soon become another state that is totally friendly to this plant.

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Fran Quesada Moya
Fran Quesada Moya

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