As the cannabis laws change each year, It can be difficult to stay in the loop. We want to make things easy for you, so we put together this article to explain new and upcoming changes to the Delaware Marijuana Laws. Continue reading to learn more!
Status: Mixed
Decriminalized: Reduced
Medical: Yes
Legalization Bill Moved To 2020
Delawares legislature adjourned before voting on HB-110 on June 30 of 2019. This bill is designed to regulate, tax, and legalize marijuana for adults over 21.
Because the General Assembly holds sessions that are two years, the bills that do not get voted on, roll over to the follow year, in this case January of 2020.
Stay tuned for more information in the coming months!
Expansion Bill for Medical Marijuana Sent to Governor Carney
On June 30, 2019, the bill to expand Delawares medical cannabis program was officially sent to the Gov. desk! SB-24 will allow patients with debilitating or severe medical conditions to sign up for the medical program, as long as they have exhausted all other options and treatments, or previous treatments have been deemed ineffective, or produce unwanted side effects.
Furthermore, HB-243, which allows medical patients registered within the program to grow and cultivate their own marijuana, was recently introduced, and is now pending in the Homeland Security Committee, and House Public Safety. This bill will allow 6 mature marijuana plants to be grown by the patient in an enclosed facility.
Decriminalization Law in Delaware
In December of 2015, the decriminalization bill in Delaware went into effect. HB-39 was signed by Gov. Jack Markell, which made the possession of an ounce or less for adults a violation punishable by a fine up to $100 and no jail time. Before the bill passed, an ounce of marijuana could put you in jail for 3 months, and you could pay a fine of $575!
Recently, SB-45 was sent to Gov. Carney, which could expand the decriminalization law to those who are under 21 years of age.
Marijuana Expungement Bill Signed By Gov. Carney
In 2018, and 2019, The governor of Delaware signed two bills to expand marijuana expungement for cannabis convictions
(2018) SB-197 This bill allows individuals with a single conviction for possessing up to an ounce of cannabis to qualify automatically to clear their past record. In order to receive an expungement, individuals must request their records from the State Bureau of Identification. Then, they must fill out a form and pay a fee to apply for expungement.
(2019) SB-37 This bill allows for a single marijuana misdemeanor conviction to be expunged after just five years. If you have a single marijuana felony conviction, you could have it expunged after seven years.
More Cannabis Compassion Centers Opening Soon
In June of 2015, the first Delaware cannabis compassion center opened, which was almost four years after the medical cannabis act was signed. First State Compassion, located in Wilmington, opened a second center located in Lewes in 2017. In Smyrna, Columbia Care opened in June of 2018, and a fourth cannabis compassion center is expected to open in Newark sometime in 2019!
Delawares Department of Health is continuing to take applications for medical cannabis cards, which is requiring patients to obtain their medical marijuana from one of the previously mentioned compassion centers. If you want to learn more about Delawares Medical Program, you can check it out here!
Check back for updated information on all the marijuana laws in Delaware!
