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Home US Regulation Cannabis laws in Delaware
Feb 16, 2020 2 min read

Cannabis laws in Delaware

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by The Cannigma Staff

Medical: Yes 
Recreational: Decriminalized 
Reciprocity: No

Senate Bill 17 legalized medical cannabis in Delaware in 2011 and patients are allowed to possess up to 6 ounces of marijuana. Cultivation for personal use is not allowed.

How to Get a Medical Card in Delaware

To receive medical cannabis in Delaware, an applicant must apply online with the Delaware Office of Medical Marijuana. 

The applicant must upload their personal details and those of the licensed physician who can attest to their qualifying health condition. The physician must complete their portion of the online application as well. If the patient wants to have a caregiver, they must fill out the requisite portion of the application for caregivers. 

The application fee for the program is $50 and renewal is $50, paid annually.

Qualifying Conditions

In Delaware, an applicant may receive medical marijuana if they (or the person they are providing caregiver services for) has one or more of the following conditions:

  • Terminal illness
  • Cancer
  • Positive status for human immunodeficiency virus
  • Acquired immune deficiency syndrome
  • Decompensated cirrhosis
  • Amyotrophic lateral sclerosis
  • Agitation of Alzheimer’s disease
  • Post-traumatic stress disorder
  • Intractable epilepsy
  • Seizure disorder
  • Glaucoma
  • Chronic debilitating migraines
  • New daily persistent headache, or the treatment of these conditions
  • A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: 
    • cachexia or wasting syndrome; severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

Reciprocity

Delaware does not accept out of state medical marijuana licenses but visitors with valid licenses from other states are allowed to be in possession of up to 6 ounces of usable marijuana. 

Where to Buy

Delaware’s first dispensary opened in 2015. Patients can legally purchase ingestibles, wax, topicals, vapes, and marijuana flower in the state. 

Taxes and Medical Marijuana in Delaware 

Medical marijuana consumers are exempt from taxes on purchases in Delaware. 

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