Welcome to our guide on the current legal status of marijuana in Delaware. With the increasing legalization of cannabis throughout the United States, many are wondering what the laws are in their state. In this article, we will provide an overview of the marijuana laws in Delaware, including the difference between recreational and medical use, possession limits, purchasing regulations, and the impact on employment and driving. We will also address frequently asked questions about marijuana laws in Delaware, and provide a conclusion on the current status of legalization in the state.
Understanding Marijuana Laws in Delaware
If you are wondering whether marijuana is legal in Delaware, the answer is yes – to an extent. Delaware has both medical and recreational marijuana laws in place, but possessing or using it outside of these laws could result in legal consequences.
Let’s take a closer look at the current cannabis laws in Delaware and what they mean for residents and visitors.
Recreational Marijuana Laws in Delaware
Recreational marijuana use is legal in Delaware, but there are strict regulations in place. Adults aged 21 or older may possess up to one ounce of marijuana for personal use, but it is illegal to smoke or consume it in public. Likewise, it is illegal to drive under the influence of marijuana, and doing so could result in DUI charges.
Additionally, individuals may not grow their own marijuana plants unless they are authorized medical marijuana patients. Possession of more than one ounce but less than 175 grams of marijuana is considered a civil offense and carries a fine of up to $100. Possession of more than 175 grams is a felony, with the possibility of up to three years in prison and a $3,000 fine. Finally, selling marijuana without a license is illegal.
Medical Marijuana Laws in Delaware
Delaware’s medical marijuana program began in 2011, allowing authorized patients to purchase and use cannabis for medical purposes. Patients must be Delaware residents with qualifying medical conditions to apply for medical marijuana in the state. Qualifying conditions include cancer, HIV/AIDS, Alzheimer’s disease, and chronic pain, among others.
Medical marijuana patients may possess up to six ounces of cannabis, but may not grow their own plants unless they obtain a special permit. The use of medical marijuana is not allowed in public places, and patients cannot legally share their marijuana with other individuals, even those with medical conditions that may qualify them for the program.
It’s important to note that while medical marijuana is legal under Delaware law, it is still classified as a Schedule I drug under federal law. As such, carrying medical marijuana across state lines or taking it on a flight can result in federal drug charges.
Recreational Marijuana Laws in Delaware
In 2011, Delaware decriminalized possession of small amounts of marijuana, making it a civil offense punishable by a fine. However, it was not until 2019 that the state fully legalized recreational marijuana use by adults 21 and older.
Under Delaware law, adults 21 and older may possess up to one ounce of marijuana for personal use. Possession of between one and two ounces is a civil offense punishable by a fine, while possession of more than two ounces is a Class A misdemeanor and can result in a fine of up to $2,300 and up to one year in prison.
It is illegal to use marijuana in public, and smoking in a vehicle is also prohibited. Violating these laws can result in a fine of up to $100.
It is important to note that while recreational marijuana use is legal in Delaware, it is still illegal under federal law. This means that it is illegal to possess, use, or sell marijuana on federal property or across state lines.
Medical Marijuana Laws in Delaware
In Delaware, medical marijuana is legal for patients who have received a recommendation from a certified physician. The program is overseen by the Delaware Department of Health and Social Services, which regulates the use, possession, and distribution of medical marijuana in the state.
To qualify for the program, patients must be Delaware residents and have one of the qualifying medical conditions, including cancer, HIV/AIDS, multiple sclerosis, epilepsy, and PTSD, among others. Patients must also submit an application to the state and pay a fee.
Once approved, patients can purchase medical marijuana from licensed dispensaries, of which there are currently four in the state. Patients are allowed to possess up to six ounces of medical marijuana at a time, and may designate a caregiver to assist with obtaining and administering the medication.
It is important to note that while medical marijuana is legal under Delaware state law, it remains illegal under federal law. As such, patients may still face legal challenges at the federal level, and may want to speak with a lawyer if they have concerns about the potential legal risks associated with using medical marijuana.
Possession and Cultivation Limits for Marijuana in Delaware
Delaware allows for both recreational and medical marijuana use, but has strict regulations on possession and cultivation limits. It is important to understand these limits in order to comply with the law and avoid penalties.
Possession Limits
For recreational use, adults over the age of 21 are allowed to possess up to one ounce (28 grams) of marijuana. Possession of more than one ounce is considered a felony and can result in imprisonment for up to three years.
For medical use, patients are allowed to possess up to six ounces of marijuana per 14-day period. However, possession of more than six ounces is considered a felony and can result in imprisonment for up to three years.
Cultivation Limits
Recreational users are not allowed to cultivate their own marijuana plants in Delaware. However, medical marijuana patients are permitted to grow up to six plants for personal use. These plants must be grown in a secure, enclosed space and not visible to the public. Violating these regulations can result in penalties, including imprisonment.
It is important to note that while possession and cultivation of marijuana may be legal under Delaware law, it is still illegal under federal law. Therefore, it is recommended to comply with all state laws and regulations to avoid legal consequences.
Purchasing Marijuana in Delaware
In Delaware, both medical and recreational marijuana can be legally purchased from licensed dispensaries.
To purchase medical marijuana, patients must first obtain a recommendation from a registered physician and apply for a medical marijuana card through the state’s Medical Marijuana Program. Once approved, patients can purchase up to three ounces of marijuana per 14-day period from a licensed dispensary.
For recreational use, individuals must be 21 years of age or older and can purchase up to one ounce of marijuana at a time from licensed dispensaries. It is important to note that consumption of marijuana in public places is prohibited and is subject to penalties.
As of now, Delaware does not permit individuals to grow their own marijuana plants for personal use, regardless of medical or recreational use.
Marijuana and Employment in Delaware
Employment in Delaware is governed by both state and federal laws. While marijuana has been legalized in Delaware, it is important to note that it is still illegal under federal law. This has implications for employers and employees alike.
Employers in Delaware have the right to maintain a drug-free workplace and can require drug testing as a condition of employment. This means that even though marijuana has been legalized in the state, employers may still test for its use and make hiring or firing decisions based on the results.
However, Delaware does offer some protections for medical marijuana users. Employers are not allowed to discriminate against employees or job applicants based solely on their status as a medical marijuana user, unless the use of marijuana would impair the employee’s ability to perform the job or would violate federal law or regulation.
If you are a medical marijuana user and are concerned about drug testing policies at your workplace, it is important to speak with your employer or human resources representative to understand your options and protections under Delaware law.
Marijuana and Driving in Delaware
It is illegal to drive under the influence of marijuana in Delaware. The penalties for driving while impaired by marijuana include fines, license suspension, and even imprisonment.
Unlike alcohol, there is no specific limit for how much marijuana can be present in a driver’s system. Instead, police officers use field sobriety tests and Drug Recognition Experts (DREs) to determine if a driver is impaired. In Delaware, it is important to note that a positive marijuana test alone is not sufficient evidence of impairment.
If you are a medical marijuana patient in Delaware, you may still face legal consequences if you are found to be driving under the influence of marijuana. While Delaware has protections for medicinal marijuana users, these protections do not extend to driving while impaired by marijuana.
We recommend that you never operate a vehicle after consuming marijuana. If you have used marijuana, it is best to wait until you are no longer impaired before getting behind the wheel.
Marijuana and Federal Law
Despite the legalization of marijuana in Delaware, it is important to note that federal law still classifies marijuana as a Schedule I controlled substance. This means that under federal law, marijuana is illegal and possession, cultivation, or distribution can result in criminal charges.
However, the federal government has largely taken a hands-off approach to enforcing marijuana laws in states that have legalized it. In 2013, the Justice Department issued a memo stating that it would not interfere with states that had legalized marijuana as long as they implemented strong regulations to prevent its distribution to minors and keep it out of the hands of criminal organizations.
It is important to note, however, that this policy could be reversed at any time by a new administration or Congress. Additionally, individuals who violate federal marijuana laws could still face federal charges, even if they are following state laws.
Frequently Asked Questions about Marijuana in Delaware
Here are some commonly asked questions about marijuana laws and regulations in the state of Delaware.
1. Is marijuana legal in Delaware?
Yes, both medical and recreational marijuana are legal in Delaware, but with certain restrictions and regulations.
2. How can I obtain medical marijuana in Delaware?
You must be a Delaware resident and have a qualifying medical condition to obtain medical marijuana. You must also obtain a recommendation from a certified physician and register with the Delaware Medical Marijuana Program.
3. How much marijuana can I possess in Delaware?
For recreational use, adults 21 and older can possess up to one ounce of marijuana. Medical marijuana patients are allowed up to six ounces of marijuana per month.
4. Can I grow my own marijuana in Delaware?
Medical marijuana patients are allowed to grow up to six plants for personal use, while recreational users are not permitted to grow their own marijuana.
5. Can I legally purchase marijuana in Delaware?
Yes, you can legally purchase marijuana for both medical and recreational use from licensed dispensaries in Delaware.
6. Will my employer drug test for marijuana use?
Employers in Delaware are permitted to drug test employees for marijuana use and can discipline or terminate employees who test positive, regardless of whether the use is medicinal or recreational.
7. What are the penalties for driving under the influence of marijuana in Delaware?
Driving under the influence of marijuana is illegal in Delaware and can result in fines, license suspension, and even imprisonment.
8. How does federal law impact marijuana use in Delaware?
Although marijuana is legal in Delaware, it is still illegal under federal law. This means that individuals can still face federal prosecution for possessing or using marijuana, regardless of state laws.
- Disclaimer: This article is not intended as legal advice and does not replace professional legal counsel. Please consult with a licensed attorney for legal guidance on the use and possession of marijuana in Delaware.
Conclusion
After reviewing the current laws and regulations surrounding marijuana use in Delaware, it is clear that while the state has legalized both recreational and medicinal use, there are still strict guidelines in place. It is important for individuals to be aware of these guidelines in order to avoid any legal troubles.
While possession and cultivation are allowed, there are still limitations on the amount one can possess and penalties in place for exceeding these limits. Additionally, there are regulations surrounding the purchasing of marijuana and the impact it can have on employment and driving.
It is also important to note the conflicting state and federal laws surrounding marijuana use, which can create uncertainty for individuals and businesses operating within the cannabis industry in Delaware.
Overall, while Delaware has taken steps towards cannabis legalization, it is important for individuals to remain informed and follow all necessary guidelines in order to avoid any legal repercussions.
