In the state of Delaware, cannabis has been medicinally legalized and recreationally decriminalized. However, if you are caught with cannabis and don’t hold a medicinal marijuana card, there are charges you should concern yourself with.
Throughout this article, we’re going to go through everything you need to know about the cannabis laws and regulations within the state of Delaware.
Cannabis Possession in Delaware
Unless you hold a medical marijuana card, cannabis possession within Delaware is completely illegal. Thanks to decriminalization, charges aren’t as harsh as they used to be. However, penalties can be consequential the more cannabis you possess.
As of this time, Delaware’s cannabis possession laws are as follows:
- Up to an ounce – a civil penalty that’s punishable with a fine of up to $100.
- One ounce – less than 175 grams – a misdemeanor that’s punishable with 3 months incarceration and a fine of up to $575.
- 175 grams – less than 1,500 grams – a felony that’s punishable with 3 years incarceration and a fine.
- 1,500 grams – less than 3,000 grams – a felony that’s punishable with 5 years incarceration and a fine.
- 3,000 grams – less than 4,000 grams – a felony that’s punishable with 8 years incarceration and a fine.
- 4,000 grams – less than 5,000 grams – a felony that’s punishable with 15 years incarceration and a fine.
- 5,000 grams or more – a felony that’s punishable with up to 25 years incarceration and a fine.
It’s worth noting that fine penalties which aren’t directly mentioned here are left to the discretion of the court.
These laws are applicable for any marijuana product, including hash, concentrates, or edibles.
Keep in mind, possession charges can be more consequential depending on the circumstances. For example, if you are caught with over 175 grams with the intent to sell to a minor, a judge may give you more than 3 years incarceration.
Cannabis Distribution, Sale, and Manufacturing in Delaware
If law enforcement has been led to believe you are selling, distributing, or manufacturing cannabis, penalties increase. While there is no clear indication for how law enforcement judges this – some examples include having a scale on you, large amount of cash, and an assortment of bags.
As of this time, Delaware’s cannabis distribution, sale, and manufacturing laws are as follows:
- Less than 1,500 grams – a felony that’s punishable with up to 8 years incarceration and a fine.
- 1,500 grams – less than 4,000 grams – a felony that’s punishable with up to 15 years incarceration and a fine.
- 4,000 grams or more – a felony that’s punishable with up to 25 years incarceration and a fine.
Cannabis Paraphernalia in Delaware
If you are caught in possession of cannabis paraphernalia (any object that’s used to consume cannabis), then you’ll be given separate charges from those mentioned above.
As of this time, Delaware’s cannabis paraphernalia laws are as follows:
- Use or possession of paraphernalia for the use or possession of less than 1 oz of marijuana – a civil penalty that’s punishable with a $100 fine.
- Use or possession of paraphernalia for the use of more than 1 oz of marijuana – a misdemeanor that’s punishable with up to 6 months incarceration and a $1,000 fine.
- Deliver or possess with the intent to deliver – a felony that’s punishable with up to 2 years incarceration and a fine.
- Deliver to a minor who is under 18 – a felony that’s punishable with up to 3 years incarceration and a fine.
Driving Under the Influence of Cannabis in Delaware
If you are caught driving under the influence of cannabis in Delaware, your charges will be treated as an alcohol DUI. These are as follows:
- First Offense – up to 12 months in jail and a fine of $500 to $1,500.
- Second Offense – up to 18 months in jail and a fine of $750 to $2,500.
- Third Offense – a felony charge that’s punishable with up to 2 years in prison and a fine of up to $5,000.
While there are no standards for law enforcement to determine if you are intoxicated with cannabis – as a breathalyzer is for alcohol – an officer may determine you guilty if your car smells like marijuana or if you look like you’re under the influence.
Medical Marijuana in Delaware
The Medical Marijuana Program in Delaware is operated by the Division of Public Health. In order to qualify for this program, you must have one of the following conditions:
- Alzheirmer’s disease
- Amyotrophic Lateral Sclerosis
- Anxiety
- Cachexia
- Cancer
- Chronic pain (that has not responded to previously prescribed medication or surgical measures for more than three months)
- Cirrhosis
- Epilepsy
- Glaucoma
- HIV/AIDS
- Intractable epilepsy
- Migraine
- Nausea
- Post-traumatic stress disorder (PTSD)
- Seizures
- Severe and persistent muscle spasms (includes characteristics of multiple sclerosis)
You must also be 18 years of age and have a doctor’s recommendation for cannabis as treatment for your condition.
If you are under the age of 18, you can still qualify for medical marijuana. However, your recommending physician must be one of the following:
- Pediatric neurologist
- Pediatric gastroenterologist
- Pediatric oncologist
- Pediatric pallative care specialist
Keep in mind, minors with a medical marijuana card are only allowed to possess oils that contain at least 15% cannabidiol (CBD) and no more than 7% tetrahydrocannabinol (THC). Or, oils that contain 15% THC acid and nor more than 7% THC.
Patients with a medical marijuana card are allowed to possess up to six ounces of cannabis purchased from a state-licensed dispensary. They are not allowed to cultivate cannabis.