Is Weed Legal in Delaware?

If you're talking about recreational marijuana, then the answer to the question is weed legal in Delaware is no. Recreational marijuana is completely illegal in the state of Delaware. However, as in most states, the legal situation is more complicated than that. Possessing marijuana in small amounts has been decriminalized, though. In the state of Delaware, possessing a small amount of marijuana, according to the law, means that you have less than an ounce of marijuana.

Despite the fact that recreational marijuana is illegal in Delaware, medical marijuana is legal in the state for adult patients that have certain severe illnesses. The legalization of medical marijuana in Delaware is still quite a recent event. The state of Delaware only legalized the use of medical marijuana for some adult patients back in 2011.

What Is Delaware's History Of Marijuana Legalization?

As previously stated, Delaware legalized medical marijuana for some adult patients in 2011. Jack Markell was the Governor of Delaware in 2011 and he signed the DMMA, also known as the Delaware Medical Marijuana Act. The Delaware Medical Marijuana Act permitted qualifying patients to purchase marijuana and consume it for medical use. Delaware decriminalized marijuana possession all across the state back in 2015 via Delaware House Bill 39. More specifically, this law made possessing less than 6.2 ounces of marijuana a misdemeanor in Delaware.

Delaware House Bill 39 also made possessing less than 28 grams or one ounce of marijuana a civil infraction. The most recent development in Delaware's marijuana legalization history took place in 2019. Governor John Carney signed Senate Bill 37 into law in 2019. Senate Bill 37 amended the criminal code of the state of Delaware and it lets Delaware citizens who have one cannabis misdemeanor get their record expunged after five years. Senate Bill 37 also allows Delaware citizens who have one cannabis felony to get their record expunged after seven years.

There have been attempts to legalize recreational marijuana in Delaware, as you would expect. The most recent attempt to legalize recreational marijuana in Delaware took place in June 2018 via Delaware House Bill 110. In June 2018, Delaware House Bill 110 failed in the Statehouse. In 2019, the bill to alter Delaware's marijuana laws was reintroduced but it failed again after the Delaware House cleared it for consideration.

Where Can You Legally Purchase Weed in Delaware?

You can only legally buy marijuana from a compassion center registered with the Office of Medical Marijuana. The Office of Medical Marijuana is part of the Delaware Department of Health and Social Services. If you cannot buy it yourself, you can designate a caregiver to purchase the medical marijuana and deliver it to you. However, you should know that you, as well as your caregiver, can only purchase three ounces of processed marijuana every 14 days.

It is fairly difficult to purchase weed in the state of Delaware. You can find a list of licensed medical marijuana dispensaries in the state of Delaware here. One last thing to mention is that you can only legally consume cannabis in a private space.