Legal status of marijuana in the state of delaware

Legal status of marijuana in the state of delaware
Miguel Antonio Ordoñez

Find out about the legal status of medical and recreational marijuana in the state of Delaware. Is marijuana illegal? Better safe than sorry!


Medical marijuana is legal since 2011 for patients with a prescription from a licensed physician in Delaware.

The qualifying conditions to become a medical marijuana patient in Delaware include:

  • Alzheimer’s disease
  • Autism with self-injurious or aggressive behavior
  • Cancer
  • Decompensated cirrhosis
  • Hepatitis C
  • Intractable epilepsy
  • Lou Gehrig’s disease (amyotrophic lateral sclerosis, or ALS)
  • Post-traumatic stress disorder (PTSD)
  • Severe or persistent muscle spasms (including characteristic of multiple sclerosis)
  • Terminal illness

Any chronic or debilitating disease or treatment of diseases which produce one or more of the following:

  • Cachexia (wasting syndrome)
  • Severe/debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
  • Intractable nausea
  • Seizures


The cultivation, sale, and possession of cannabis for recreational purposes are officially illegal in Delaware although currently possession of small amounts of cannabis for personal use is only prosecuted as an unclassified misdemeanor.

Getting caught with up to 1 oz of cannabis will probably only get you a fine up to $100. Getting caught with up to 6 oz (175 grams) is a misdemeanor and can lead to up to 3 months in jail and/or a fine up to $575. More than that is good for a god 3 years in jail.

We are not aware of any possible law changes in the (near) future in Delaware regarding medical and/or recreational cannabis.

Miguel Antonio Ordoñez
Miguel Antonio Ordoñez

Miguel Ordoñez is a long-time writer by trade. Utilizing his AB Mass Media and Communications degree, he has 13 years of experience and counting. He’s covered a wide array of topics, with passion lying in combat sports, mental health, and of course, cannabis.