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Delaware Marijuana News and Politics

U.S. Senators

Carper, Thomas R. - (D - DE)

513 Hart Senate Office Building Washington DC 20510

(202) 224-2441



Coons, Christopher A. - (D - DE) Class II

127A Russell Senate Office Building Washington DC 20510

(202) 224-5042



State marijuana law from

In January 2015, a new Delaware marijuana decriminalization bill was introduced. Under House Bill 39, Delawareans caught with an ounce or less of marijuana would face just civil fines and not a criminal record. But will the bill become state law? Will Delaware come to treat simple possession of the drug, and private use, like a traffic ticket? Previous attempts at decriminalization have failed in Delaware.

The legislation, House Bill 39, would treat simple possession of the drug, and private use, like a traffic ticket. Selling the drug, and also possessing marijuana with an intent to sell, would remain criminal offenses.

Marijuana Laws in Delaware

Other states have expanded their drug laws to cover marijuana legalization and decriminalization, but marijuana remains illegal in Delaware even in medicinal cases. Possession of even small amounts of marijuana is a crime in Delaware. Some jurisdictions may offer drug diversion programs for some first-time offenders with no criminal history, but it's still a criminal offense, risking jail sentences and heavy fines.

Marijuana Policy Project on Delaware:

Last update: June 30, 2015

Delaware decriminalizes marijuana

On June 18, 2015, Gov. Jack Markell signed HB 39 into law, making Delaware the 20th state to decriminalize — or in four cases, legalize — possession of personal use amounts of marijuana. The Senate approved the bill less than an hour earlier in a 12-9 vote, and the House previously approved it 24-14.

Introduced by Rep. Helene Keeley, HB 39 will make possession of up to one ounce of marijuana by adults a civil violation punishable by a $100 fine with no possibility of jail. Possession of up to an ounce of marijuana is currently a misdemeanor punishable by up to a $575 fine and up to three months in jail. HB 39 goes into effect six months after enactment.

Compassion center open as of June 26, 2015

Almost four years after the state’s medical marijuana act was signed into law, Delaware’s first compassion center has finally opened! First State Compassion opened to qualified patients on June 26, 2015. Unfortunately, it is limited to cultivating 150 plants — far too few to meet patients’ needs. MPP submitted comments urging the department to revise the regulations to ensure a workable program. While the department refused to lift the cap now, there is a possibility of doing so later if and when the current regulations prove too limited.

The Department of Health continues to accept applications for medical marijuana ID cards, which will be required for patients seeking to obtain their medicine from a compassion center. If you are interested in obtaining your medical marijuana ID card, please visit the medical marijuana program’s website or call them at (302) 744-4749 to receive application forms. If you have further questions about the medical marijuana program, please see our summary of the law.

24/7 Wall Street on Delaware:

According to a 2014 survey conducted by the University of Delaware, 56% of respondents in the state agreed that “the use of marijuana should be made legal.” There were 2,912 marijuana-related arrests in 2012 in Delaware, the 12th highest rate of all states per capita. In 2012, about eight out of 10 adolescents in the state did not perceive light marijuana use as dangerous, a fairly lax view.

Delaware Cannabis News

Veterans and other post-traumatic stress disorder patients will have easier easier access to medical marijuana.

Governor Carney has said he believes the state needs to focus on getting its 6-year-old medical marijuana program fully operational.

Dozens rallied in Newark Sunday, calling for the legalization of cannabis on the eve of the 83rd anniversary of the end of alcohol prohibition.

A bill legalizing marijuana for Delaware adults is expected to be introduced in January when the General Assembly reconvenes, the Senate majority whip said.