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Is weed legal in Delaware?

Is weed legal in Delaware?

You’re here because you want to know if weed is legal in Delaware, right? The First State has a range of recreational activities for those that enjoy the great outdoors. As the second smallest state, it’s incredible what they offer, from boating, fishing, hiking, and camping to hunting. 

There’s another recreational activity that some enjoy, but the current laws of The First State prevent this from happening. Is weed legal in Delaware? No, not entirely. Cannabis for medical use is allowed but not for recreational use.

Even though adult use of cannabis is not entirely legal, Delaware has had some breakthroughs in its marijuana laws. Continue reading to discover if it is legal to grow marijuana in Delaware and if it is legal to buy marijuana in Delaware?.

Find these answers and how the current marijuana law affects weed users below.

Is weed legal in Delaware?

Delaware marijuana laws

The decriminalization of marijuana in 2015 has reduced the penalty associated with possession. Those caught with cannabis, up to one ounce, on their person could face a $100 fine.

Possession exceeding one ounce and up to 6.2 ounces is a misdemeanor, and those guilty can face up to three months in prison and a $575 fine.

While marijuana is not legal in Delaware, possession exceeding 6.2 ounces is a felony. The penalty for this charge can vary from three years up to 25 years imprisonment. Any additional fines are at the relevant court’s discretion.

Medical weed is legal in Delaware, allowing qualifying patients and their caregivers to possess up to six ounces of cannabis. 

There’s a respite for first-time offenders as they receive probation instead of any prison time.

Is buying cannabis legal in Delaware?

Until weed is legal in Delaware, the sale of marijuana remains illegal. What about buying medical cannabis? Is medical marijuana legal in Delaware? Yes, it is.

The Delaware Medical Marijuana Act allows patients or caregivers to purchase up to three ounces of processed cannabis every two weeks.

Medical marijuana users can purchase weed from any of the Compassion Centers in The First State. The law further permits caregivers to make purchases on behalf of the patients if they can’t do so themselves.

Although it is not legal to buy marijuana in Delaware, you could purchase weed seeds as a collectible. Storing them in an ungerminated state is recommended while you wait to plant them.

You might not find marijuana seeds for sale at a retailer in The First State, but they’re available for purchase at an online seed bank. These seed stockists ensure discreet delivery to their consumers plus a wide range to choose from. 

Can I grow my own cannabis in Delaware?

You may wonder that while you’re able to purchase weed seeds, is it legal to grow marijuana in Delaware? Currently, it is not legal to grow marijuana in Delaware. Many would like to try, but unfortunately, they’ll have to wait.

Even though medical weed is legal in Delaware, patients are not permitted to cultivate their own cannabis. Instead, they can purchase medicinal marijuana at designated outlets.

Once it is legal to grow marijuana in Delaware, you should have a growing plan ready. It’s best to ensure you select the best weed seeds for your garden as well as a suitable growing area.

If you’re interested in cultivating cannabis for medicinal use in the future, then choosing a strain from the “high CBD seeds” category is recommended. They have many medical benefits for various chronic health conditions.

These seeds can be grown inside and outside. If you’re considering an indoor grow area when it is legal to grow marijuana in Delaware, look at the indica seeds category. They’re famous for not growing tall, which suits an area with limited vertical space.

Sativa seeds, in contrast, tend to grow quite tall and are better suited for outdoor growing. An example of this strain is Grapefruit Fem Cannabis, which can grow up to six meters tall.

Is cannabis consumption legal in Delaware?

The consumption of cannabis is currently not legal in Delaware. In addition, patients who consume medical weed need to do so in private.

The law forbids consumption in public, in a motor vehicle, and where cigarette smoking is prohibited. Patients who perform any tasks while intoxicated could face criminal or civil charges.

Driving under the influence of marijuana is also strictly forbidden.

Is medical marijuana legal in Delaware?

Medical marijuana is legal in Delaware. The Office of Medical Marijuana oversees the Medical Marijuana Program.

Patients need to meet some requirements to qualify for medical weed. They would need to be a resident of The First State for a minimum of 30 days. 

If they’re younger than 18 years old, then a recommendation is needed from a pediatric specialist.

To qualify for medical weed in Delaware, the patient and their medical doctor need to complete the relevant application forms. These forms, together with a fee, proof of residency, and your age, need to be forwarded to the Medical Marijuana Program. 

As a patient, you would need to be diagnosed with one of the following conditions:

  • ALS
  • HIV / AIDS
  • Conditions that cause severe pain
  • Multiple sclerosis
  • Cancer
  • Wasting syndrome
  • Severe autism
  • Any terminal illness
  • Glaucoma 
  • Other conditions including ones for pediatric patients, as listed by Delaware’s Public Health.

A weed strain worth considering when you’re able to cultivate medical marijuana at home is CBD Kush 1 to 1 Fem. It has remarkable medicinal properties that can relieve anxiety, depression, PTSD, and many more.

When will marijuana be legal in Delaware?

Although the bill to legalize marijuana was approved by the House Health and Human Development Committee, it didn’t pass the House floor in June 2021 as planned.

The General Assembly will revisit the bill in 2022. There are many Delawareans in favor of this legalization and look forward to a victory.

Moving forward

While the residents of The First State look forward to freely using marijuana, they can look to neighboring state New Jersey while waiting. New Jersey has fully legalized weed in 2021, also after a long wait. 

Delaware is favored for not charging any sales tax, just as Alaska and Montana are. However, the last two states have had the privilege of also having weed legalized and reaping the benefits since then.

To remain informed of the developments in Delaware and other states where weed is legal, stay with us at i49.