Frequently asked questions

What are the medical marijuana laws in Delaware?

Here is an overview of the medical marijuana laws in Delaware:

2011 – Governor Jack Markell signed legislation allowing patients 18 and older with “certain serious or debilitating conditions” to use cannabis, and possess up to six ounces. Qualifying conditions include “cancer; Alzheimer’s disease; post-traumatic stress disorder; and conditions that cause intractable nausea, severe pain or seizures, among other illnesses.” The card must be renewed once a year.

2015 – Governor Markell signs legislation decriminalizing the possession of one ounce or less of marijuana by adults. Possession of cannabis by those aged under 21 is still considered illegal.

2017 – Legalization efforts and proposals are put under way for legalized recreational use of cannabis. State Representative Helene Keeley is one such figure who proposed recreational legalization, but this proposal failed to receive the number of votes required to pass.

2020 – State Representative Ed Osienski  attempts to get a bill passed during the 2020 general assembly session, but fails due to a lack of votes and because of the COVID-19 pandemic.

2021 – Osienski re-works bill drafted in 2020 to introduce it during the 2021 Legislative Session. Some of those changes included adding a ‘social equity’ and micro business license, where Osienski states “they’ll get some additional help with applying and some reduction in fees.”