Medical (2011)
Decriminalized (2015)

Current Status

Delaware lawmakers adopted regulations for the Medical Marijuana Program in 2012; however, before the regulations were finalized, the program was suspended by Governor Jack Markell as the result of a letter sent to him from the U.S. Attorney for Delaware, threatening legal action against state employees. In August 2013, Gov. Markell lifted the suspension and the Department of Health and Social Services completed the process of implementing regulations. The state’s first compassion center opened in 2014.

Medical Marijuana

In 2011, Delaware passed SB 17 which made it legal for a patient with a registry identification card to use and possess cannabis for medical purposes and designate a caregiver. It also decriminalizes patient use, with qualifying diagnoses, allowing for medical marijuana dispensary and up to 6 ounces in personal possession. Qualifying patients and caregivers are protected from discrimination with employment, education, housing, parental rights, or medical care, including transplants.


Cannabis Grow Limit:
Home cultivation is not permitted.

Cannabis Possession Limit:
Usable amount of medical marijuana for medical use is limited to 6 ounces or less.


The state is not currently accepting applications for new businesses.


The state is not currently accepting applications for new businesses.


The first medical marijuana dispensary in the state was opened in 2015.

Currently, three compassion centers have been licensed in Kent County and Sussex County, anticipating to be opened around 2017.

The state is not currently accepting applications for new businesses.

Delaware became the 16th state to legal medical marijuana on May 13, 2011

Important Cannabis Laws

SB 17 (2011) : removes criminal sanctions and provides protection from arrest for the compassionate, doctor-recommended use of medical marijuana by Delaware patients with serious medical conditions. You can have up to 6 ounces for 18+ year old.

Delaware Medical Marijuana Act

SB 138 (2015) Research Authorization

SB 90 (2015) Pediatric Access

SB 7 (2015) – Oversight Committee

Final Regulations