Delaware

Medical Marijuana

16 Del. Code §§ 4901A to 4928A (2017)

2011 Act No. 23
Medical Marijuana Act
EFFECTIVE DATE: May 13, 2011

Delaware does not cap the number of plants a compassion center may grow, but does limit the amount of usable marijuana to no more than 2,000 ounces. See regulations, 4470 State of Delaware Medical Marijuana Code 7.2.6.1 and 7.2.6.2.

CHAPTER 49A. THE DELAWARE MEDICAL MARIJUANA ACT

§ 4901A Findings.

(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.

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

Comments: 4470 State of Delaware Medical Marijuana Code

Just for reference, here is the federal penalty for 100 or more, but less than 1,000, marijuana plants
$5/25 million — 5 to 40 years in prison — 21 U.S.C. § 841(b)(1)(B)(vii) (2016)

Legalization

House Bill 1
EFFECTIVE DATE: April 23, 2023

House Bill 2
EFFECTIVE DATE: April 27, 2023

Industrial Hemp

3 Del. Code §§ 2800 to 2802 (2017)

Establishes an industrial hemp research program overseen by the Delaware Department of Agriculture.
Allows the department to certify institutions of higher education to cultivate hemp for research purposes.

2014 Act No. 369
Industrial Hemp
EFFECTIVE DATE: July 29, 2014

History

1972 Act No. 424
Uniform Controlled Substances Act
EFFECTIVE DATE: June 13, 1972

Resources

Page last updated on December 31, 2017