DelawareMedical Marijuana Laws

California Marijuana Penalties

Last Updated: June 2014




Max. Fine

Personal Use
28.5 grams or less infraction N/A

$ 100

28.5 grams or less, over 18 years, and occurred on school grounds misdemeanor 10 days

$ 500

28.5 grams or less, under 18 years misdemeanor 10 days*

$ 250

More than 28.5 grams misdemeanor 6 mos

$ 500

With Intent to Distribute
Any amount felony 16 mos - 3 years

$ 0

*Detention center
Sale or Delivery
Any amount felony 2 - 4 years

$ 0

Gift of 28.5 grams or less misdemeanor N/A

$ 100

Over 18 years to an individual 14-17 years felony 3 - 7 years

$ 0

Any amount felony 16 mos - 3 years

$ 0

Hash & Concentrates
Possession N/A 1 year

$ 500

Unauthorized manufacture N/A 16 mos - 3 years

$ 500

Chemical manufacture N/A 3 - 7 years

$ 50,000

Sale, delivery, possession with intent, and manufacture with intent misdemeanor 15 days - 6 mos

$ 500

Involving a minor at least 3 years junior misdemeanor 1 year

$ 1,000

Vehicles and other property may be seized for controlled substance violations.
Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.
Any violation of the California Uniform Controlled Substances Act results in a fine up to $150.
A person who participates in the illegal marketing of marijuana is liable for civil damages.
It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.
A controlled substance conviction can result in suspension of driving privileges.

Delaware Medical Marijuana Card

The affirmative defense does not prevent an arrest or a prosecution, but it can be raised and proven in court to prevent a conviction. If all of the conditions are met, the prosecution is supposed to be dismissed. The defense only applies if:

  • The patient is in possession of no more than six ounces of marijuana and no plants.
  • The patient possessed marijuana solely to treat or alleviate the patient’s serious or debilitating medical condition.
  • The patient’s physician has stated that, “in the physician's professional opinion, after having completed a full assessment of the individual's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marijuana to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition.” (Find a Delaware Medical Marijuana Doctor here).
  • The patient was not doing any of the activities prohibited in §4904A of the law, such as driving under the influence of marijuana; possessing marijuana on school grounds, on a school bus, in a jail, or in a state-funded health care or treatment facility; or smoking marijuana in a public place or in any form of transportation.

It is important to remember that this affirmative defense will only be consistently available from July 1, 2011 until 75 days after ID card applications have been made available.

Delaware Medical Marijuana Laws


Section 1. Amend Title 16 of the Delaware Code by adding a new Chapter 49A to read as follows:
“Chapter 49A. The Delaware Medical Marijuana Act
§4901A. Findings.

(a) Marijuana’s recorded use as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses for marijuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS, as found by the National Academy of Sciences' Institute of Medicine in March 1999.

(b) Studies published since the 1999 Institute of Medicine report have continued to show the therapeutic value of marijuana in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS, and other illnesses that often fails to respond to conventional treatments and relief of nausea, vomiting, and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens. Specifically, in February 2010, the Center for Medicinal Cannabis Research released a lengthy report that summarized 15 recent studies clearly demonstrating marijuana’s medical efficacy for a broad range of conditions. These studies, many of which were double blind, placebo-controlled trials, included neuropathic pain trials published in the Journal of Pain, Neuropsychopharmacology and Neurology, a study on the analgesic efficacy of smoked marijuana published in Anesthesiology, a study on the mechanisms of cannabinoid analgesia in rats published in Pain, and a study on vaporization as a "smokeless" marijuana delivery system published in Clinical Pharmacology & Therapeutics.

(c) Marijuana has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 350,000 patients in states with medical marijuana laws. Marijuana's medical utility has been recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association and the Leukemia & Lymphoma Society.

(d) Data from the Federal Bureau of Investigation's Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marijuana arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use marijuana.

(e) Alaska, California, Colorado, the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, Vermont, Rhode Island, and Washington have removed state-level criminal penalties from the medical use of marijuana. Delaware joins in this effort for the health and welfare of its citizens.

(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this act does not put the state of Delaware in violation of federal law.

(g) State law should make a distinction between the medical and non-medical uses of marijuana. Hence, the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana. §4902A. Definitions.

In this chapter, unless the context otherwise requires, the following definitions shall apply:

(a) "Cardholder" means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card.

(b) “Compassion center agent” means a principal officer, board member, employee, or agent of a registered compassion center who is 21 years of age or older and has not been convicted of an excluded felony offense.

(c) "Debilitating medical condition" means one or more of the following:

(1) cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, post-traumatic stress disorder, or the treatment of these conditions;

(2) 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 measures for more than three months or for which other treatment options produced serious side effects; severe nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis;

(3) glaucoma, when the written certification is signed by a properly licensed ophthalmologist subject to Chapter 17, Title 24 of the Delaware Code; or (4) any other medical condition or its treatment added by the Department, as provided for in §4906A.

(d) "Department" means the Delaware Department of Health and Social Services or its successor agency.

(e) "Designated caregiver" means a person who:
(1) is at least 21 years of age;
(2) has agreed to assist with a patient's medical use of marijuana;
(3) has not been convicted of an excluded felony offense; and
(4) assists no more than five qualifying patients with their medical use of marijuana.

(f) "Enclosed, locked facility" means a greenhouse, building, or other enclosed area equipped with locks or other security devices that is on a registered compassion center’s property and permits access only the compassion center agents working for the registered compassion center.

(g) "Excluded felony offense" means:
(1) a violent crime defined in Title 11, §4214(b), that was classified as a felony in the jurisdiction where the person was convicted; or

(2) a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, not including: a. an offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed 10 or more years earlier; or b. an offense that consisted of conduct for which this chapter would likely have prevented a conviction, but the conduct either occurred prior to the enactment of this chapter or was prosecuted by an authority other than the state of Delaware.

Continue Reading --->

Delaware Medical Marijuana Qualification

Who Qualifies for Medicinal Marijuana in Delaware On May 13, 2011, Governor Jack Markell signed Senate Bill 17 into law, making Delaware the 16th state to legalize marijuana for medical use. The law received bi-partisan support in the Senate and House. The law permits people diagnosed with qualifying conditions to possess up to six ounces of marijuana, which must be purchased from state-licensed compassion centers regulated by the Delaware Department of Health and Social Services, which will also issue mandatory medical marijuana ID cards (aka medical marijuana card, pot card or cannabis card) to qualifying patients that obtain a medical marijuana recommendation from their doctor. As the DDHSS is still in the process of developing the application process, please note that medical marijuana cards may not be available until July 2012.


Delaware’s application system for medical marijuana patients is expected to go live in July 2011. In the meantime, here are some basic guidelines:

1. Must be a resident of Delaware for longer than 30 days.
2. Obtain a copy of your medical records indicating that you are diagnosed with a qualifying condition. Learn how to request your medical records.
3. Obtain written documentationfrom a physician licensed in the state of Delaware that that you are a qualifying patient. Be sure to bring your medical records with you to your appointment.
4. Apply for and receive a Medical Marijuana Card from the state of Delaware.


Patients in Delaware diagnosed with the following illnesses are afforded legal protection under the Delaware Medical Marijuana law:

  • Cancer, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease
  • Post-traumatic stress disorder, when the written certification is signed by a properly licensed psychiatrist
  • 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 measures for more than three months or for which other treatment options produced serious side effects;
  • severe nausea;
  • seizures;
  • severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.
  • Glaucoma, when the written certification is signed by a properly licensed ophthalmologist
  • Any other medical condition or its treatment added by the Department

    Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, Delaware medical marijuana doctors will supply patients with a medical marijuana recommendation in compliance with state law.

    According to Delaware medical marijuana law, patients and their caregivers may possess up to six ounces, or 170 grams, of marijuana. The state of Delaware does not allow for patients or caregivers to grow or cultivate their own cannabis. Instead, their medicine must be purchased from state licensed compassionate care centers, which will also grow its supply of cannabis.

    Delaware Medical Marijuana

    Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Delaware's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".

    Since the Delaware medical marijuana program is still changing their laws and new Delaware medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Delaware medical marijuana program. Please click a corresponding link to find out more about your Delaware's Medical Marijuana Program.


    Find out Who Qualifies for Marijuana in Delaware in our definitive guide of Delaware's qualification guidelines. Read up on medical conditions that are covered under Delaware's medical marijuana program, age restrictions, criminal conviction restrictions, and more.


    Read Delaware's Full Medical Marijuana Laws to gain full specific knowledge of Delaware's exact legal guidelines without interpretation. We suggest that you print Delaware's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Delaware's laws for his knowledge.


    Find out how to obtain a{n} Delaware Medical Marijuana Card with our guide to Delaware's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Delaware's requirements.