Delaware
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Delaware?
- Adult-Use:
- Medical:
Cannabis in Delaware is only legal for medical purposes.
Date of Legalization
- Medical:
Delaware legalized the medical use of cannabis in 2011.
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Possession Limits
In Delaware, there are possession limits of 6 ounces or less for qualifying patients.
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Other Licensing Provisions
License Caps
- License Caps:
Delaware is a limited license state. Currently, only three operators exist within the state that own all six dispensary licenses. Local jurisdictions can not opt out of the market and prohibit registered compassion center operation altogether. However, though they can create restrictions.
Application Selection Process
- Selection System:
Delaware distributes medical cannabis licenses through a merit system.
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Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
Delaware’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. A license will not be granted to an individual convicted of a violent felony, an individual convicted of a felony drug offense within 10 years or misdemeanor drug offense, within 5 years from the date of application.
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Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
Delaware’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. A registered compassion center or a registered safety compliance facility may not employ a person who has been convicted of a violent felony, an individual convicted of a felony drug offense within 10 years or misdemeanor drug offense, within 5 years from the date of application.
Availability of Expungements
- Expungements:
Delaware offers record cleaning remedies for certain cannabis convictions, however, this process is not automatic and requires action from the individual. Individuals convicted of a single offense arising from a cannabis possession charge are eligible for a mandatory expungement, however this process is not automatic. (This remedy is specific to cannabis.) (2018). Individuals with no prior or subsequent convictions may petition to expunge a misdemeanor after three or five years and a felony after seven years. (This remedy is not specific to cannabis.) (2019).
Social Equity
Social Equity Definition / Criteria
Delaware does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Social Equity Provisions
Delaware does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Fee Waivers and Reductions
Delaware does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Other Financial Support for Social Equity Applicants and Licensees
Delaware does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
License Priorities and Set Asides
Delaware does not offer state-level licensing priority or set-asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.