Laws and regulations as of March 15, 2019
FSC is compliant with all Delaware and Federal laws and regulations on medical cannabis production, distribution, sale and advertising. As a charter member of the Delaware Marijuana Task Force, we are committed to working closely with the State to establish protocols and procedures that best serve our patients and communities.
Federal Cannabis Laws and Regulations
- It is illegal to possess, use, buy, sell or cultivate cannabis in all United States jurisdictions – even when state laws allow it.
- Per Department of Justice 2014, Native American tribes on reservations may grow and sell cannabis.
- In June 2018, the Food and Drug Administration approved the first prescription drug made from cannabis, Epidiolex. The medication treats two rare forms of epilepsy that begin in childhood.
More questions? Check out our FAQ.
State Cannabis Laws and Regulations
- In nine states (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington), the sale and possession of cannabis is legal for both medical and recreational use as of January 2018.
- Vermont and the District of Columbia have legalized personal use but not commercial sale.
- Thirty states and the District of Columbia have passed laws allowing some degree of medical use of cannabis.
- Thirteen states (including Delaware) have taken steps to decriminalize personal use to some degree.
Delaware Marijuana Laws and Regulations
- Medical Marijuana Legalized in 2011
a. In May 2011, Governor Markell signed legislation allowing patients 18 years of age and older with qualifying conditions to use cannabis and possess up to six ounces.
b. Patients had to have a qualifying condition and pay $125 for a medical card that must be renewed once a year.
c. State-approved medical dispensaries are the only legal sellers of marijuana in Delaware. The State’s first medical marijuana clinic (FSC-Wilmington) opened in 2015. The second (FSC-Lewes) opened in 2017.
- Marijuana (NOT just medical) decriminalized in 2015
a. Possession of up to an ounce is not a criminal offense, but a civil infraction.
b. It is still illegal for those under 21 to possess marijuana.
- Delaware Marijuana Task Force created on July 1, 2017. The 23-member task force is co-chaired by Sen. Margaret Rose Henry and Rep. Helene Keeley, Democrats who sponsored legislation (HB110: The Marijuana Control Act) to regulate and tax marijuana similar to alcohol for adults 21 and older. The issue of legalizing recreational marijuana remains contentious.
- In 2017, Governor John Carney signed Senate Bill 24 into law. Patients in Delaware suffering from PTSD will no longer need to visit a psychiatrist in order to obtain a certification for medical cannabis. They can now get their certifications from any Delaware physician.
- Senate Bill 197 provides mandatory expungement eligibility to individuals convicted of the possession, use or consumption of marijuana prior to the 2015 decriminalization of these offenses.
- Senate Bill 266 positions Delaware to permit the industrial cultivation of hemp if and when the federal regulations change to define it as a “grain.” (Hemp comes from the same plant as marijuana, but has a much lower amount of THC.)
- House Bill 401 would allow patient access to new therapies without an administrative delay, and allow FDA-approved marijuana containing medicines to be prescribed, dispensed and regulated like other FDA-approved pharmaceutical products.
Delaware Medical Dispensary Regulations
- Every employee and volunteer must go through a criminal background check.
a. Compassion centers cannot hire felons, minors or misdemeanor drug offenders.
- Compassion centers must have registration and documentation when transporting cannabis.
a. There must be documentation that specifies the amount being transported, the date of the transportation and where the marijuana is going.
- Registered compassion centers must be not-for-profit.
- Compassion centers must have appropriate security measures to keep the marijuana out of unauthorized hands.
- Compassion centers may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply and/or dispense cannabis only for medical use.