Cannabis Law in Delaware
Introduction
In recent years, the United States has witnessed a significant shift in its attitude towards marijuana. With more and more states embracing its medicinal and recreational use, the topic of marijuana legalization has become a focal point of social, political, and economic discussions. Delaware, a small but progressive state on the East Coast, has not been left untouched by this trend. In this blog, we'll explore the current status of marijuana laws in Delaware, its legislative journey, possession regulations, purchasing options, consumption guidelines, caregiver requirements, and lab testing protocols.
Is Weed Legal in Delaware?
Yes, weed is legal in Delaware, but with certain limitations. The state has decriminalized possession of small amounts of marijuana and allows its medical use. However, recreational use remains illegal. This means that while the state acknowledges the medical benefits of marijuana and has taken steps towards decriminalization, it has not yet fully legalized its recreational use.
Legislative History
In 2011, Delaware took a significant step forward in marijuana legislation when Gov. Jack Markell signed the Delaware Medical Marijuana Act (DMMA), permitting eligible patients to purchase and utilize cannabis for medical purposes. The momentum continued in 2015 with the passage of Delaware House Bill 39 (HB 39), effectively decriminalizing cannabis possession across the state. This meant that possessing less than 6.2 ounces (175 grams) of marijuana became a misdemeanor, while having less than 1 ounce (28 grams) of the substance was reclassified as a civil infraction. Building on this progress, Gov. John Carney's approval of Senate Bill 37 in 2019 resulted in an amendment to the state's criminal code. This change enabled individuals with a single cannabis-related misdemeanor or felony to have their record expunged after five or seven years, respectively.
Although efforts to legalize adult-use cannabis through Delaware House Bill 110 were unsuccessful in 2018 and subsequent attempts in 2019 did not advance past the House, the state continues to push forward. The Delaware Department of Health and Social Services (DHSS) plays a pivotal role, housing the Office of Medical Marijuana (OMM), which diligently oversees the Medical Marijuana Program (MMP). Through the OMM, a comprehensive framework has been established, encompassing patient and caregiver registries, qualification protocols, and stringent regulations. This infrastructure ensures the responsible availability of medical cannabis, prioritizing both safety and efficacy.
Cannabis Possession in Delaware
Within Delaware's regulatory framework, legal possession of medical cannabis is confined exclusively to registered patients and their designated caregivers. These authorized individuals are permitted possession of up to 6 ounces (170 grams) of medical cannabis at any given time, but it's important to note that regulations set by the Office of Medical Marijuana (OMM) strictly prohibit home cultivation for both patients and caregivers.
Despite the decriminalization of cannabis possession in small quantities under the provisions of HB 39, it's crucial to clarify that this legislation didn't equate to full legalization for personal use. Even possession of less than an ounce can lead to a civil penalty, where individuals are required to surrender the cannabis. This civil penalty, amounting to $100, does not result in a formal recorded offense. However, holding more than an ounce could potentially lead to a misdemeanor charge carrying a $575 fine and a three-month prison sentence.
Where to Purchase Cannabis in Delaware?
For those with qualifying medical conditions, access to medical marijuana is permitted through state-licensed dispensaries. These dispensaries offer a range of cannabis products, including flowers, concentrates, edibles, and more, under strict regulatory oversight. However, for recreational users, purchasing cannabis outside of the medical system remains illegal.
Where is it Safe to Consume in Delaware?
Delaware law prohibits public consumption of marijuana, whether for medical or recreational use. Consumption is generally restricted to private property, with property owners' consent. This can present challenges, especially for individuals who live in rental properties with no-smoking clauses or for tourists visiting the state.
Caregiver Requirements
Delaware's medical marijuana program extends provision for designated caregivers to aid registered patients in procuring and administering their prescribed medication. The caregiver qualification process is rigorous and entails undergoing background checks and adhering to specific prerequisites. To legally purchase medical cannabis for a patient, caregivers must obtain a Designated Caregiver ID card. These caregivers should be at least 21 years old or the parent/legal guardian of a minor patient, a resident of Delaware, committed to aiding the patient's medical cannabis use, and limited to assisting no more than five qualifying patients. The application procedure mandates a $125 fee for each patient, encompassing submission of the patient's 10-digit registry number, along with evidence of a $65 payment to the State Bureau of Identification for a criminal background report to be dispatched to the Office of Medical Marijuana (OMM).
Lab Testing
To ensure the safety and quality of medical marijuana products, Delaware mandates lab testing. Cannabis products undergo rigorous testing for potency, contaminants, pesticides, and other substances that might pose risks to consumers. This quality control measure is in line with the state's commitment to providing safe medication to patients.
Frequently Asked Questions
- Can I grow my own marijuana in Delaware?
- What medical conditions qualify for the use of medical marijuana?
- Is driving under the influence of marijuana allowed?
No, home cultivation is not permitted for either medical or recreational use.
Qualifying conditions include cancer, multiple sclerosis, epilepsy, PTSD, chronic pain, and more. A full list is available through the Delaware Department of Health and Social Services.
No, driving under the influence of marijuana is illegal and can result in DUI charges.
Note :- By understanding the cannabis laws and regulations in Delaware, residents and visitors alike can ensure they are compliant and informed. Whether you're purchasing, consuming, or considering cultivation, it's crucial to stay updated with the latest legal guidelines.