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Is Cannabis Legal In Delaware?

While the jury is still out on recreational cannabis use in Delaware, the state did motion to decriminalize the personal use of cannabis back in 2015. For those who are not familiar with the difference between "legalization" and "decriminalization", it simply means that while the use of cannabis is not legal in Delaware, it is no longer a felony offense within the state. However, there are some specific laws and restrictions on how residents and tourists are convicted for the possession of cannabis.

Currently, Delaware residents 21 and older can possess up to one ounce of cannabis for personal use without facing any criminal charges. The extent of punishment for possessing this amount of cannabis is up a simple misdemeanor violation (similar to a traffic ticket). The current fine for being found with marijuana possession within a private home is $100. However, those under the age of 21, as well as those caught smoking in a moving vehicle or in "public places" can be arrested.

Outside of the recreational use of marijuana, the use of medicinal marijuana in Delaware became legal in 2011 and continues to be legal. Authorized, card-carrying patients are allowed to purchase up to six ounces of cannabis from licensed dispensaries. Unfortunately, many patients still struggle with being able to obtain marijuana within the state. Delaware is one of the few "gray states" in the country, with expensive cannabis prices and very few dispensaries made available.

While there are currently thousands of card-carrying cannabis users currently residing in Delaware, the state does not show any signs of advancing in cannabis legalization or the easing of medicinal marijuana restrictions. However, as many activist seek to campaign towards a more accepting tomorrow, it's important to stay aware of changing cannabis laws and your right to purchase cannabis in the state of Delaware.


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