Delaware Marijuana Compliance

Under Delaware’s marijuana laws, both recreational and medical marijuana are legal. Delaware was the 22nd state to legalize adult-use cannabis. Residents who are 21-years-old or older are permitted to possess up to an ounce of cannabis under current legislation.

However, several acts remain illegal, including consuming marijuana in public or a moving vehicle, growing, manufacturing, selling, or cultivating marijuana without proper licensing, and misuse of licenses or identification cards.

Below we cover information and commonly asked questions about legal marijuana in Delaware.

To register for a marijuana 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: Fully Legal

Marijuana became fully legal in Delaware as of April 2023. Adults of age 21 or older are able to legally possess up to one ounce of marijuana in the state.

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

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. In the event of marijuana decriminalization at the federal level, Delaware’s legislation mandates that the Commissioner shall evaluate the state’s compliance with the revised federal law.

Recreational Marijuana: Legal

Recreational marijuana became legal in Delaware as of April 23, 2023. Delaware was the 22nd state to make recreational marijuana legal.

Last updated 1/12/2024

Frequently Asked Questions

Yes, both recreational and medical marijuana are legal in Delaware. Adults aged 21 or older can legally possess up to one ounce of marijuana for recreational use. Medical marijuana is also legal for qualifying patients aged 18 or older, who may possess up to six ounces.

Are there any unique laws about marijuana in Delaware?

Yes, while marijuana use is legal, there are still restrictions. It remains illegal to consume marijuana in public or a moving vehicle, grow, manufacture, sell, or cultivate marijuana without proper licensing, or misuse licenses or identification cards. Medical marijuana patients must obtain a registry card and can’t cultivate plants at home. They must use licensed dispensaries for their needs.

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.

However, in April 2023, Delaware became the 22nd state to legalize marijuana for recreational use.

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
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Project, M. P. (n.d.). Delaware. MPP. https://www.mpp.org/states/delaware/
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HOUSE BILL NO. 150. Legislation document. (n.d.). https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=48480&legislationTypeId=1&docTypeId=2&legislationName=HB150
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HOUSE BILL NO. 150. Legislation document. (n.d.-a). https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=48480&legislationTypeId=1&docTypeId=2&legislationName=HB150