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Delaware

1. Overview of Cannabis and Hemp Laws

Cannabis:

  • Recreational Use: Delaware legalized recreational cannabis for adults 21 and older on April 23, 2023, through House Bill 1 and House Bill 2. Adults may possess up to one ounce of cannabis for personal use, but home cultivation is prohibited.
  • Medical Use: Delaware’s medical cannabis program, established in 2011 by Senate Bill 17 (Delaware Medical Marijuana Act), allows qualifying patients with specific conditions to access medical cannabis from licensed dispensaries​.

Hemp Intoxicants and Synthetic THC:
Delaware prohibits synthetic cannabinoids, including products like delta-8 THC and other intoxicating hemp derivatives, categorizing them under “Prohibited” status​.

2. Historical Context

  • 1931: Delaware implemented cannabis prohibition as part of early state-wide bans across the U.S.
  • 2011: The Delaware Medical Marijuana Act was enacted, granting qualifying patients access to medical cannabis.
  • 2023: Delaware legalized recreational cannabis through House Bills 1 and 2, allowing limited possession and regulated adult-use sales​.

3. Recreational Cannabis Laws

  • Possession Limits: Adults 21 and over may possess up to one ounce of cannabis.
  • Cultivation: Home cultivation is not permitted under Delaware’s recreational cannabis laws.
  • Public Use: Cannabis consumption in public spaces is prohibited.
  • Sale and Retail: Licensed dispensaries may sell cannabis, but home delivery and on-site consumption remain restricted under current law​.

4. Medical Cannabis Laws

  • Patient Eligibility: Delaware’s medical marijuana program is available to patients with qualifying conditions such as cancer, ALS, HIV/AIDS, PTSD, chronic pain, and severe nausea.
  • Product Access: Patients may purchase cannabis in forms such as oils, capsules, and other non-smokable products. While smokable forms are permitted, edibles are restricted to ensure controlled dosing.
  • Program Details: Patients must obtain a medical marijuana card through the Delaware Department of Health and Social Services, with purchase limits set at three ounces every two weeks​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Delaware prohibits hemp-derived intoxicants, including products containing delta-8 THC and similar synthetic cannabinoids.
  • Testing and Labeling Requirements: No specific testing or labeling requirements apply to hemp intoxicants due to their prohibited status.
  • Age and Retail Restrictions: Since hemp intoxicants are banned, there are no age-specific or retail location restrictions​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: Possession exceeding the legal limit of one ounce is treated as a civil violation for amounts up to 175 grams, with a fine of $100. Larger quantities may result in misdemeanor or felony charges if intent to distribute is determined.
  • Sale and Distribution: Unlicensed cannabis sales are classified as felonies, with heightened penalties for sales involving minors.
  • Trafficking and Cultivation: Large-scale possession or cultivation with intent to distribute can result in severe felony charges, with penalties escalating based on quantity​.

7. Social Equity Programs

  • Eligibility Criteria: Delaware’s recent cannabis legalization bills include social equity provisions to support communities disproportionately impacted by previous cannabis prohibitions.
  • Licensing Benefits: Social equity applicants receive priority access to specific license types within Delaware’s adult-use cannabis program, along with reduced licensing fees.
  • Additional Support: Social equity initiatives offer training programs and financial assistance to help eligible businesses navigate the licensing process and establish compliant operations in the legal cannabis market​.

8. Business Types and Operations

  • Licensing Types: Delaware’s cannabis framework provides distinct license categories for cultivation, retail, and processing businesses under both adult-use and medical cannabis programs.
  • Regulatory Requirements: Licensed cannabis businesses in Delaware must adhere to stringent regulations covering security, record-keeping, and reporting, with comprehensive guidelines to ensure compliance with state laws​.
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