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Delaware marijuana laws

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In 2011, Gov. Jack Markell signed the Delaware Medical Marijuana Act (DMMA), permitting qualifying patients and caregivers to purchase and consume cannabis for medical use. In December 2015, Delaware House Bill 39 decriminalized cannabis possession statewide. Under this bill, Delaware marijuana possession laws changed to make the possession of less than 175 grams of marijuana a misdemeanor and less than 1 ounce of marijuana a civil infraction. 

 

The Delaware Department of Health and Social Services (DHSS) formed the Office of Medical Marijuana (OMM), responsible for all licensing, registration, and testing pertaining to Delaware’s Medical Marijuana Program (MMP).

 

Delaware House Bill 110, which would legalize adult-use cannabis, failed to pass the state legislature in 2018. The bill was reintroduced in 2019 and cleared for consideration by the House.

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The application process for marijuana businesses in Delaware is closed.

Dispensaries are called Compassion Centers.

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Delaware Medical Marijuana Compassion Center Guidelines

A Compassion Center may possess, cultivate, manufacture, transport, and dispense medical marijuana  (note: vertically integrated facilities TR)to assist registered qualifying patients with the medical use of marijuana directly or through the qualifying patient’s registered designated caregiver.

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  • A compassion center shall be operated on a not-for-profit basis.

  • A compassion center shall not be located within 1,000 feet of the property line of a preexisting public or private school.

  • New applicants for a Compassion Center License shall only be accepted during an open application period announced by the Department.

  • A non-refundable application fee, made payable to the Division of Public Health, Medical Marijuana Program, in the amount of $5,000 will be required at the time of application.

 

https://dhss.delaware.gov/dhss/dph/hsp/medmarhome.html

 

Medical Marijuana Program regulated by Division of Public Health (DPH)

 

https://dhss.delaware.gov/dph/hsp/medmarconditions.html

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Qualifying Debilitating Medical Conditions

Information on submitting a petition to have a condition added can be found here.

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Adult Patient Qualifying Conditions:

  • Terminal illness

  • Cancer

  • 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)

  • Intractable epilepsy

  • Autism with self-injurious or aggressive behavior

  • Glaucoma

  • Chronic Debilitating Migraines

  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

    • Cachexia or wasting syndrome

    • 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.

    • Intractable nausea

    • Seizures

    • Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis

  • Pediatric Patient Qualifying Condition 

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If the qualifying patient is younger than 18 years of age, the physician must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist.

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History

HB 374, adding glaucoma and chronic debilitating migraines to the list of qualifying conditions for medical marijuana treatment, was signed into law by Governor John Carney in September, 2018. There are currently six Medical Marijuana Compassion Centers operating throughout the state, and there are no more license applications being accepted at this time.

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SB 197, 2018, allowed individuals with a single conviction for possessing up to an ounce of marijuana to automatically qualify to clear their record. To receive an expungement, individuals must first request their certified records from the State Bureau of Identification. Then, they pay a fee and fill out a form to apply for mandatory expungement.

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On June 30, 2019, Gov. Carney signed SB 37 into law. This bill allows for a single cannabis misdemeanor conviction to be expunged after five years and a single cannabis felony conviction to be expunged after seven years.

Estimated market size

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The revised legislation would allow initial authorization of the following: 50 indoor and outdoor cultivation facilities; 10 marijuana product manufacturing facilities;15 retail stores and five testing facilities. Delaware had 7.1M in sales revenue for 2018. 

how to start a marijuana business Delaware

If you are just starting your marijuana business, the next best step is to start a Business Plan to help educate your team and be ready to apply for a marijuana business license. If you are ready to apply for a Marijuana Business License in Delaware, please Contact us or call our offices to set an appointment to get started. You can also select another State Opportunity, or fill out our Contact Form to discuss potential strategies such as Investment or Partnership Opportunities. 

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