Have you heard the big news? Recreational cannabis is now legal in Delaware! This is very exciting, and it brings up a lot of common questions. People are asking, “When can I buy it?” and “What are the new rules?”

We are here to help you understand everything. This guide will be your complete map to the new recreational laws. We will also show you why the state’s medical marijuana program is still a very smart choice for many people.

Navigating the new world of cannabis in Delaware is much easier with a clear guide. Let’s look at both paths to getting cannabis legally.

Recreational Cannabis is Legal in Delaware

Let’s start with the basics of the new recreational law. This is what everyone is talking about!

What the Law Says (HB 1 & HB 2)

In April of 2023, two new laws were passed. The first one, House Bill 1, made it legal for any adult who is 21 or older to have and use a small amount of cannabis.

The second law, House Bill 2, created the rules for a legal cannabis industry. This means that stores will eventually be able to sell cannabis to adults.

When Will Recreational Sales Begin?

This is the biggest question on everyone’s mind. While it is legal to have cannabis now, the stores are not open yet.

The state needs time to set up the system for giving out licenses to new dispensaries. The group in charge of this is the Office of the Marijuana Commissioner. Most people think the stores will start opening in late 2024 or early 2025.

Recreational Possession Limits for Adults 21+

So, how much can an adult legally have right now? Here are the rules for people 21 and over:

• Cannabis Flower: You can have up to 1 ounce (which is 28 grams).
• Cannabis Concentrates: You can have up to 5 grams of concentrates, like wax or vape oil.
• Edibles: You can have products with up to 750 milligrams of THC.

Why Still Get a Delaware Medical Card?

With recreational cannabis now legal, you might be wondering if it’s still worth getting a medical marijuana card. The answer is a big YES! For many people, having a medical card is the smarter choice.

While recreational cannabis is coming, having a medical card gives you some very important benefits. Let’s look at why it’s such a good idea.

Save Money on Taxes

This is a huge one. When recreational stores open, all sales will have a special cannabis tax added on. This could be 15% or even more.

But if you have a medical card, you do not have to pay this extra tax. Over time, this can save you a lot of money on your medicine.

Higher Possession Limits

Medical patients are allowed to have much more cannabis than recreational users. A medical patient can buy up to three ounces of cannabis every 14 days.

That’s a total of six ounces a month. This is much higher than the one-ounce limit for recreational users.

Access for Younger Patients

The new recreational law is only for adults who are 21 and older. So what about younger people who need cannabis for their health?

The only way for patients under 21 to get legal cannabis in Delaware is through the medical program. This is a very important path for young people with serious health conditions.

Stronger Legal Protections

Having a medical card gives you extra legal protections that recreational users don’t have. This can be important for things like your job or your housing.

Being a registered patient shows that you are using cannabis for a real medical reason, which can give you more security.

Immediate and Consistent Access

This might be the best benefit of all. Medical dispensaries are open right now!

You do not have to wait for the recreational market to launch. Medical patients also get priority, so they will always have access to their medicine, even if supplies are low.

How to Get Your Delaware Medical Marijuana Card

Are you convinced that a medical card is the right choice for you? The good news is that the process is simple and straightforward.

Have a Qualifying Condition

First, you need to have a “qualifying condition.” Here is the list of conditions approved by the state of Delaware:

• Cancer
• HIV/AIDS
• Decompensated Cirrhosis
• Amyotrophic lateral sclerosis (ALS)
• Alzheimer’s Disease
• Post-traumatic stress disorder (PTSD)
• Autism with aggressive behavior
• Cachexia (or wasting syndrome)
• Severe, debilitating pain that hasn’t gotten better with other treatments
• Intractable nausea
• Seizures
• Severe and persistent muscle spasms

Get a Physician Certification

Next, you need to be certified by a doctor who is licensed in Delaware. The doctor will confirm that you have a qualifying condition.

The easiest way to do this is through specialized telehealth services like HealifyNow. These services connect you with a qualified doctor online, so you can complete your evaluation quickly and privately.

Apply with the State

After your doctor certifies you, you will take that certification and apply online. You do this through the Delaware Department of Health and Social Services (DHSS) website. You will also have to pay a state fee for the card.

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Navigating the Medical Program: Products and Renewals

Once you have your card, there are a few more things to know about the medical program.

Delaware’s medical dispensaries, which are often called “compassion centers,” have a wide variety of products. Understanding your options is powerful. By learning more about specific cannabis strains, you can have a more informed conversation with your budtender.

Also, it’s important to know that your medical card is only good for one year. To keep it active, you must get a new doctor’s certification and apply with the state every single year. This is a crucial part of the law for medical cannabis in Delaware.

Keeping your card active is simple. Many providers allow you to easily manage your account through a patient portal to track expiration dates and book renewal appointments.

Conclusion

We have covered a lot of ground today. We looked at the exciting new recreational laws and the powerful benefits of the medical program.

While recreational cannabis is a great step forward for the state, it is clear that the medical program offers real, immediate advantages.

Whether for medical or future recreational use, we hope this guide helps you safely and legally navigate the new landscape of cannabis in Delaware.

Dr. Bryan Green

Dr. Bryan Green is a board-certified neurologist and author specializing in neurological disorders. With a medical degree and extensive clinical experience, he writes about the intersection of neuroscience and therapeutic interventions, including the use of medical cannabis for conditions like epilepsy, multiple sclerosis, and Parkinson’s disease. His work aims to educate patients and professionals on evidence-based treatments for seizures, spasticity, and neuropathic pain. Dr. Green’s publications blend medical expertise with accessible insights, drawing from his practice in states where cannabis is a legal treatment option.