be smart. know the law.

find your state

Medicinal and Hemp products are legal in Delaware.

Amount of Cannabis Allowed

Patients & caregivers may possess up to three ounces (3 oz.), or 85 grams, of processed cannabis every 14 days.

Conditions To Qualify for a Medicinal License

Cancer, HIV/AIDS, Decompensated cirrhosis (about 20% of patients with hepatitis C may develop this condition), amyotrophic lateral sclerosis, Crohn’s disease Alzheimer’s disease, autism; or A chronic or debilitating disease or medical condition or its treatment that produces one 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 three months or for which other treatment options produced serious side effects; severe nausea; seizures; severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. terminal illness Post-traumatic stress disorder (PTSD) Intractable epilepsy A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms Cachexia or wasting syndrome Intractable nausea Severe, painful and persistent muscle spasms

Cost for a Medical License

$125 for a medicinal license

How much can you grow?

Patients and caregivers are not authorized to grow or cultivate marijuana.

Fines / Cost

Up to 1 oz Charge: Civil penalty Fine $ 100 1 oz - less than 175 grams Charge: Misdemeanor Incarceration: 3 months Fine $ 575 175 – less than 1500 grams Charge: Felony Incarceration: 3 years 1500 – less than 3000 grams Charge Felony Incarceration: 5 years 3000 – less than 4000 grams Charge:Felony Incarceration: 8 years

Consumption Rules

Cannabis consumption must take place in a private space. Delaware law prohibits consuming cannabis in public, in a parked motor vehicle, or on private property where tobacco smoking is forbidden. Marijuana use is not authorized on a school bus, the grounds of any preschool primary or secondary school or any correctional facility to include any health care treatment facility operated by the Department or funded contractually through the Department. Driving under the influence of cannabis is illegal, and consumption in a vehicle is not allowed for drivers or passengers.

Paraphernalia Laws

IS DRUG PARAPHERNALIA LEGAL OR ILLEGAL?



LEGAL (for medical marijuana purposes; in general its illegal)



STATE LAW ON DRUG PARAPHERNALIA



4771 Drug paraphernalia

(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia as defined in § 4701(18) of this title. Except that any person charged under § 4764 (a), (b), or (d) of this title, or assessed a civil penalty under § 4764(c) of this title, shall not also be charged with this offense if in possession of drug paraphernalia pertaining to the use of marijuana.



(b) It is unlawful for any person to deliver, possess with intent to deliver, convert, manufacture, convey, sell or offer for sale drug paraphernalia, as defined in § 4701(18) of this title, knowing or under circumstances where one should reasonably know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.



LEGAL POSSESSION RULES



The drug paraphernalia penalties do not apply to registered patients who are authorized to possess marijuana for medical patients.



ILLEGAL POSSESSION PENALTIES



(a) Possession. — Except as described in subsection (b) of this section, any person who uses or possesses with intent to use drug paraphernalia is guilty of a class B misdemeanor.



(b) Possession for personal use of marijuana. — Any person who uses or possesses drug paraphernalia for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100, in addition to such routine assessments necessary for the administration of civil violations.



(c) Manufacture and sale. — Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts, or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony.



(d) Delivery to a minor. — Any person 18 years of age or older who violates § 4771 of this title by delivering or selling drug paraphernalia to a person under 18 years of age is guilty of a class E felony.



ADDITIONAL COMMENTS



 4773 Exemptions.



This law will not apply to:



(1) Any person authorized by local, state or federal law to manufacture, possess or distribute such items; or



(2) Any item that in the normal lawful course of business is imported, exported, transported or sold and traditionally intended for use with tobacco products, including any pipe, paper or accessory.



REFERENCE WEBSITES



delcode.delaware.gov/title16/c047/sc05/index.shtml



https://www.johnrgarey.com/criminal-defense/drug-crimes/drug-paraphernalia/

Learn More

Reference Websites:



https://dhss.delaware.gov/dph/hsp/medmarocreg.html



delawareonline.com/story/news/crime/2017/12/06/delaware-law-enforcement-officials-eye-gun-ban-marijuana-users/928036001/





https://www.usnews.com/news/best-states/pennsylvania/articles/2018-01-14/my-guns-or-my-ganja-firearm-owning-pot-fans-face-a-choice