Delaware Laws

Approved Conditions

  • Cancer
  • HIV / AIDS
  • Decompensated cirrhosis (Hepatitis C)
  • ALS
  • Alzheimer’s disease
  • Cachexia
  • 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 (ie: multiple sclerosis)
  • Post-traumatic stress disorder (PTSD) when it manifests itself in severe physical suffering, such as severe or chronic pain or severe nausea and vomiting, or otherwise severely impairs the patient’s physical ability to carry on the activities of daily living

 

Possession by Qualified Patients

  • May possess up to 6 ounces of marijuana with a doctor’s written recommendation
  • Patient may register with only one compassion center and each compassion center may not dispense more than 3 ounces of marijuana to a registered qualifying patient in any 14-day period

 

Requirements to Obtain a Medical Marijuana Card

  • Must be a resident in the state of Delaware
  • Must be at least 18 years old
  • Obtain a copy of patient’s medical records
  • Obtain written certification of the patient’s debilitating medical condition from a physician within 90 days before applying for a registry identification card
  • Submit application or renewal fee
  • Submit the name, address, and date of birth of the qualifying patient, the patient’s physician, the patient’s caregiver, and the patient’s designated registered compassion center
  • Submit a statement signed by the qualifying patient and the caregiver, pledging not to give marijuana to anyone who is not a qualifying patient

 

Sale or Distribution

  • Less than 1500 grams: felony (8 years imprisonment; maximum fines are at the discretion of the court for felony charges at sentencing)
  • 1500 – less than 4000 grams: felony (15 years imprisonment; maximum fines are at the discretion of the court for felony charges at sentencing)
  • 4000 grams or more: felony (mandatory minimum of 2-25 years imprisonment; maximum fines are at the discretion of the court for felony charges at sentencing))

 

Cultivation

  • Home cultivation is NOT allowed

 

Driving Under the Influence of Marijuana

  • Illegal to drive a vehicle while under the influence of marijuana
  • Being a registered medical marijuana user is NOT a defense to these laws
  • Penalties:

 

Number of convictions

 

Fines

Jail Time

Other requirements/

penalties

Additional  penalties that may apply

 

First convictions

 

fine of between $500 and $1,000

up to 6 months in jail

(info not provided)

violators may be required to complete an alcohol evaluation and educational course, and/or a rehabilitation program

Second convictions

 

fine of between $750 and $2,500

mandatory minimum of 60 days (and up to 18 months) in prison

(info not provided)

 

 

(info not provided)

Third convictions

 

fine of between $1,500 and $5,000

between one and two years in prison

(first 3 months may not be suspended and violator cannot be released before that time)

 

designation as a class G felony

(info not provided)

Fourth convictions

 

fine of between $3,000 and $7,000

between two and five years in prison;

first 6 months may not be suspended and violators cannot be released early during that time

designation as a class E felony

(info not provided)

Fifth convictions

 

fine of between $3,500 and $10,000

between three and five years in prison;

first 6 months may not be suspended and violators cannot be released early during that time

designation as a class E felony

(info not provided)

Sixth convictions

 

fine of between $5,000 and $10,000

between five and eight years in prison;

first 6 months may not be suspended and violators cannot be released early during that time

designation as a class D felony

 

(info not provided)

Seventh convictions

 

fine of between $10,000 and $15,000

between 10 and 15 years in prison;

first 6 months may not be suspended and violators cannot be released early during that time

designation as a class C felony

(info not provided)