Despite being one of the smallest states in the United States, Delaware has been among the most progressive when it comes to cannabis legalization. The state has passed comprehensive medical cannabis legislation, and with small possession of recreational cannabis having been recently decriminalized, Delaware could become one of the next states to fully legalize cannabis for adult use.
CBD from Hemp Oil in Delaware
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in Delaware
The Delaware Medical Marijuana Act (Senate Bill 17), signed into law in 2011, legalized medical cannabis for patients with a written certification from a physician and an identification card. Patients can send a copy of their written certification to the Department of Health and Social Services to be issued an ID card, which will allow them to purchase medicinal cannabis from a compassion center and protect them from arrest.
Under the law, patients can possess up to 6 ounces of medical cannabis. They must register with only one compassion center, which cannot dispense more than 3 ounces of cannabis over a 14-day period.
Delaware’s medical cannabis program has approved the following conditions:
- Agitation of Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Autism with Aggressive or Self-Injurious Behavior
- Decompensated Cirrhosis
- Intractable Epilepsy
- Multiple Sclerosis (MS)
- Post-Traumatic Stress Disorder (PTSD)
- Terminal Illness
- A chronic or debilitating disease or medical condition or its treatments that producers one or more of the following:
Originally, the law required that patients need to be 18 and older, but in 2015 Gov. Jack Markell signed a bill that legalized cannabis-based oils for minors under 18. Patients who are minors can only be recommended cannabidiol oil (CBD) containing at least 15 percent CBD and no more than 7 percent THC, and/or oils containing 15 percent THC acid and no more than 7 percent THC.
The following conditions have been approved for minors:
- Intractable Epilepsy
- A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms:
As of September 2016, qualified minors are legally allowed to use medicinal cannabis while on school grounds, thanks to the passing of Senate Bill 181, signed into law by Gov. Jack Markell.
You can find Delaware’s Medical Marijuana Program website here.
Recreational Cannabis in Delaware
Small possession of personal cannabis, up to 1 ounce, is considered a civil penalty and is susceptible to a maximum fine of $100.
The possession 1 ounce to less than 175 grams of cannabis is a misdemeanor, punishable by 3 months imprisonment and fine of $575. The possession or more than 175 grams is a felony, punishable to 3 to 25 years in prison.
Cultivation of Cannabis in Delaware
Personal cultivation of cannabis, even for medical purposes, is illegal in Delaware.