Although Delaware legalized medical marijuana in 2011, the state took a long time to make the last step towards full legalization. Finally, after overcoming several obstacles, recreational weed is now available in the First State.
However, it will be some time before legal sales begin. Therefore, the only way to access marijuana in Delaware is via the state’s MMJ program. This article outlines the existing cannabis laws in DE and looks at the likely timeline for adult-use sales.
When Did Delaware Legalize Marijuana?
Delaware residents welcomed legal MMJ in May 2011 when Governor Markell signed a medical marijuana bill into law. However, it took over four years for patients to gain access to their medicine when the first dispensary opened in June 2015.
Once you get your Delaware medical marijuanas card online, you can buy up to three ounces of weed every two weeks. No major restrictions exist on the type of cannabis products you can buy.
A strong effort to legalize recreational marijuana failed in 2022. In May that year, the state’s General Assembly formally passed a bill on implementing an adult-use program. Governor John Carney vetoed the bill, and one month later, the Delaware House of Representatives upheld the governor’s action.
However, in January 2023, HB1 and HB2, a pair of bills to legalize marijuana and regulate and tax sales, respectively, were introduced by lawmakers. The House approved both bills in March. Later that month, the Senate approved them. Finally, in April, the governor stated that he wouldn’t sign either bill but wouldn’t veto them. Therefore, on April 23, 2023, recreational weed became legal in Delaware.
What Are Delaware’s Marijuana Laws?
Although adult-use sales have yet to begin, adults aged 21+ already have legal protection of sorts. They can possess up to an ounce of marijuana without facing any penalty. Of course, it may prove awkward when you try to explain where you got the weed!
You face a misdemeanor charge and potentially three months in prison if caught with more than an ounce. Remember, you can possess up to three ounces of weed with a Delaware medical marijuana card. Applying is quick, easy, and inexpensive. It’s also the only way to buy cannabis for the foreseeable future.
Please note that cultivation remains illegal regardless of whether you have an MMJ card.
When Can I Legally Purchase Recreational Cannabis in DE?
The new recreational marijuana law licenses 30 retail outlets. However, none can get a license before September 2024 at the earliest. Also, it would take several months before sellers are in a position to serve customers. Therefore, it is quite likely that adult-use weed won’t be available in Delaware until 2025. Sadly, for anyone who remembers how long it took medical marijuana in Delaware to become available, this slow rollout is no surprise.
There are several steps to complete before everything is ready to go. For example, the governor has to appoint a commissioner for recreational marijuana. This individual will be responsible for creating the new market’s regulations. They also set up the application process for prospective operators.
Then, parties interested in being operators won’t even have the chance to apply for licensing until May 2024 at the earliest. After companies receive their licenses, cultivators must grow the cannabis. Then it must be harvested, processed, packaged and sent to dispensaries.
HB1 and HB2 created deadlines for when the commissioner must issue licensing for retailers, growers, and manufacturers. For retailers, the deadline is November 2024. It is July 2024 for growers and August 2024 for manufacturers. Realistically, the commissioner is unlikely to beat these deadlines by much.
Yet, it is a sign that cannabis lobbyists are enjoying great success. According to research, the amount spent by pro-marijuana groups is growing massively each year. This helps explain the recent growth in the number of states saying ‘yes’ to medical or recreational cannabis.
Final Thoughts on Recreational Marijuana in Delaware
It is great news that Delaware has finally legalized adult-use weed, becoming the 22nd state to do so in America. However, as was the case with its MMJ program all those years ago, the rollout will be slow, and consumers probably won’t have access to products until 2025.
Therefore, the only way to legally buy marijuana in Delaware is to apply for an MMJ card.
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