Traveling to Delaware, or do you live there and still don’t get the laws? We feel your pain, so we searched the web for you and pulled together the cannabis laws for consumers in Delaware. 

Please note that laws are consistently changing and although we work hard to keep this information as up to date as possible we suggest checking with the state’s government site as well.

The Basics

*Patients and their caregivers must register separately with OMM to access medical cannabis. Patients younger than 18 must have a parent or legal guardian sign on their behalf. All patients must meet certain eligibility requirements before they can receive their ID card, which must be renewed annually. 

The Need to Know


Patients must always carry their medical cards on them if they are carrying cannabis. As a patient you can possess no more than 6 ounces.

If you are caught with cannabis and are not a medical card holder you can face large fines and jail time.

Purchasing Limits

Medical card holders can purchase three ounces of cannabis every 14 days. Patients must purchase medical cannabis from an OMM-registered compassion center


You can legally consume cannabis on private property out of view from the public.

It is not allowed to consume cannabis on any federal or public land, in a parked car, or on private property where tobacco is forbidden. If you are caught consuming in public you could face heavy fines. 


Neither patients nor caregivers are allowed to grow cannabis in Delaware.

Driving Under the Influence

Delaware law doesn’t protect patients if you are driving under the influence. If you are found guilty of driving under the influence of usable cannabis you will face DUI charges and penalties, even if you are a medical patient.

Transporting Marijuana

If you are a medical card holder, it is legal to transport cannabis in the passenger area if it is in its original, unopened packaging. If the package has been opened or the product has been removed then you must store it in the trunk. Legal possession limits apply. 

Exporting Marijuana

Moving cannabis across state lines is illegal and can result in a steep penalty if you’re caught. 

It is also illegal to ship or send it in the mail.

Traveling by Plane

Cannabis is still illegal on the federal level so it is always a risk if you decide to fly with it. 


You can use your medical card in another state if that state has medical marijuana reciprocity.

Delaware allows access to medical marijuana for visiting patients that:

  1. Have been diagnosed with a debilitating medical condition;
  2. Possess a valid registry identification card or its equivalent that was issued in another state 
  3. Are not a resident of Delaware or have been for less than 30 days.

Medical Marijuana

Qualifying Conditions:

  • Terminal illness
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Cancer
  • Chronic debilitating migraines
  • Decompensated cirrhosis (Hepatitis C)
  • Glaucoma
  • Intractable epilepsy
  • Post-traumatic stress disorder (PTSD)
  • Seizure disorder
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
  • Cachexia, or wasting syndrome
  • Intractable nausea
  • Multiple sclerosis
  • Severe, debilitating pain that has not responded to previously prescribed medication
  • Severe, persistent muscle spasms



Get Your Medical Marijuana Card

Not sure how to get your Medical Marijuana Card? We’ve partnered with Veriheal to bring you a simple and seamless way to see if you qualify and chat with a doctor right from the comfort of your own home.

Additional Resources

Looking for more?

Check out Delaware’s government site.

Want to learn more about the cannabis laws in other states? Click here to find out more.