Last updated: March 12, 2020

Marijuana legalization in Delaware

Is marijuana legal in Delaware?

Medical marijuana is legal in Delaware for certain conditions, but medical marijuana dispensaries are limited in Delaware, making access difficult. Recreational marijuana is not legal in Delaware, although the drug has been partially decriminalized.

The Division of Public Health (DPH) implemented Title 16, Ch 49A of the Delaware Code after Governor Jack Markell signed Senate Bill 17 in May of 2011; the Delaware Medical Marijuana Act regulates the medical use of marijuana in Delaware.

In 2020, the State Assembly is considering House Bill 110 (HB110), to legalize recreational sales of marijuana. Supporters can get involved with the advocacy organizations Delaware Cannabis Policy Coalition and Delaware Can.


Delaware Medical Marijuana Program

How to obtain a Medical Marijuana Card in Delaware: Complete the online or paper application and submit for review. Those applications meeting all of the required qualifications will be issued a Delaware Medical Marijuana Card.

Qualifying conditions for a DE Medical Marijuana Card

  • What are the qualifying conditions?
    • Cancer
    • Terminal Illness
    • Positive status for Human Immunodeficiency Virus (HIV Positive)
    • Acquired Immune Deficiency Syndrome (AIDS)
    • Decompensated Cirrhosis
    • Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
    • Agitation of Alzheimer’s Disease
    • Post-Traumatic Stress Disorder (PTSD)
    • Autism with aggressive behavior
    • Glaucoma
    • Chronic Debilitating Migraine
    • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following;
      1. Cachexia or Wasting Syndrome
      2. Severe debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects.
      3. Intractable Nausea
      4. Seizures
      5. Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis.
  • Can other medical conditions be added to the list?
    • Any citizen may petition the Department to add conditions or treatments to the list of debilitating medical conditions. This is accomplished by petitioning the Department for consideration of an illness.
  • I have one of the debilitating medical conditions, am I automatically a qualified patient?
    • Official written certification must be obtained from a Delaware licensed physician and submitted with the application.