Delaware Marijuana Compliance

Marijuana is partially legal in Delaware, under Delaware marijuana laws. While recreational marijuana laws still consider the drug illegal in Delaware, medicinal marijuana is legal for adult patients in Delaware with certain medical conditions. Delaware marijuana compliance requires medicinal marijuana users to obtain a registry card.

Similar to federal laws, Delaware marijuana laws consider marijuana a Schedule I drug. However, Delaware has decriminalized the possession of small amounts of marijuana. Because of these conflicting laws, it’s important to become familiar with marijuana state vs. federal laws.

To register for a drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

Delaware Marijuana Compliance

Delaware Marijuana Laws

Overall Status: Partially Legal

Medical marijuana is legal in Delaware for patients with certain medical conditions that meet required criteria. However, like federal laws, marijuana remains illegal for personal or recreational use.

Medical Marijuana: Legal

Medical marijuana is legal in Delaware for residents ages 18 and older with certain medical conditions. Qualifying patients must obtain a registry card. Patients may possess up to six ounces of marijuana. Delaware marijuana compliance does not allow patients to cultivate plants at home, and medicinal marijuana cardholders must use licensed dispensaries.

Decriminalized: Yes

Although medicinal marijuana has been legalized in Delaware for qualifying patients, recreational marijuana remains illegal in the state. However, in 2015, Delaware removed the threat of jail time for possession of small quantities of marijuana. Possession charges that were once considered criminal offenses with three months in jail are now civil fines of $100.

Recreational Marijuana: Illegal

Recreational marijuana use remains illegal under Delaware marijuana laws. To use marijuana legally in Delaware, residents must hold a medicinal marijuana card that allows the use of marijuana for medical purposes.

Frequently Asked Questions

Delaware marijuana laws consider marijuana partially legal. Medicinal marijuana is legal in Delaware for qualifying patients, but recreational marijuana remains illegal, which puts the state in line with federal law. Employers are therefore not restricted in testing for marijuana use.

Are there any unique laws about marijuana in Delaware?

Although recreational marijuana remains illegal in Delaware, the state has decriminalized the possession of marijuana in small amounts. The possession of marijuana used to be a criminal offense, but now is considered a civil penalty with a $100 fine.

What is Delaware’s history with marijuana?

In 2011, the Delaware Medical Marijuana Act took effect, allowing adults that qualify to use marijuana for medical purposes. In December of 2015, Delaware decriminalized the possession of marijuana in small amounts.

In July of 2019, this law was expanded to Delaware residents under the age of 21. Delaware House Bill 110 failed in the state in 2018, and recreational marijuana remained illegal under Delaware marijuana compliance laws.

What is the punishment for possession in Delaware?

In Delaware, the possession of marijuana up to one ounce is considered a civil penalty that results in a fee of $100 with no jail time. Beyond that amount carries the possibility of incarceration.

The possession of marijuana of one ounce to 175 grams is a misdemeanor, resulting in three months of incarceration and a fine of $575.

The possession of any amount of marijuana greater than 175 grams is considered a felony in Delaware, resulting in jail times ranging from three years to 25 years. The distribution, sale, or manufacturing of marijuana in any amount in Delaware is a felony.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you’ll find a complete list of drug tests that do not include THC testing under the “Exclude Marijuana” section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.

Citations

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“Delaware Laws and Penalties.” NORML, https://norml.org/laws/delaware-penalties/
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“Delaware Medical Marijuana Law.” NORML, https://norml.org/laws/medical-laws/delaware-medical-marijuana-law/
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“Delaware’s Decriminalization Law: An Overview.” Marijuana Policy Project, https://www.mpp.org/states/delaware/delawares-new-decriminalization-law-an-overview/
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Title 16, Chapter 49A. Food and Drugs – The Delaware Medical Marijuana Act, The Delaware Code Online, http://delcode.delaware.gov/title16/c049a/index.html
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“House Bill 39.” An Act to Amend Title 16 of the Delaware Code Relating to Marijuana.” Delaware General Assembly, 18 June 2015, https://legis.delaware.gov/BillDetail/23866
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Senate Substitute 1 for Senate Bill 37, 150th General Assembly (2019 – 2020) – An Act to Amend Title 4, Title 10, Title 11, and Title 16 of the Delaware Code Relating Expungement of Records of Adult Arrest and Conviction.” Delaware General Assembly, 30 June 2019, https://legis.delaware.gov/BillDetail?LegislationId=47355
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“House Bill 110.” An Act to Amend Title 16 and Title 30 of the Delaware Code Creating the Delaware Marijuana Control Act.” Delaware General Assembly, https://legis.delaware.gov/BillDetail?LegislationId=25571