Marijuana Home Cultivation Regulations in Delaware

Is Home Cultivation Of Marijuana Legal in Delaware?

No, home cultivation of marijuana is not legal in Delaware. Recreational marijuana use is still prohibited in Delaware, and possession of small amounts is a civil offense. Only those with a valid medical marijuana card can purchase marijuana from a state-licensed dispensary.

What Is The Maximum Number Of Marijuana Plants Allowed For Personal Cultivation in Delaware?

In Delaware, individuals 21 years of age or older are allowed to possess up to six (6) marijuana plants for personal cultivation.

Are There Restrictions On The Growth Stages Of Marijuana Plants (E.G., Vegetative Vs. Flowering) in Delaware?

Yes, there are restrictions on the growth stages of marijuana plants in Delaware. In Delaware, all marijuana plants must remain in the vegetative growth stage until they reach a height of 24 inches. Once the plant reaches 24 inches, it must move into the flowering stage.

Do Home Cultivators Need To Obtain A License Or Permit To Grow Marijuana in Delaware?

Yes, home cultivators in Delaware must obtain a license or permit from the Delaware Division of Public Health in order to legally grow marijuana. The application process for a license or permit is relatively straightforward and involves submitting an application form, submitting relevant documentation, and paying any applicable fees. Once approved, the home cultivator will receive their license or permit and will be able to legally grow marijuana.

Are There Residency Requirements For Those Who Wish To Cultivate Marijuana At Home in Delaware?

Yes, Delaware’s medical marijuana law does contain a residency requirement for those who wish to cultivate medical marijuana at home. Home cultivation is only allowed for registered Delaware patients or caregivers who are permanent residents of Delaware and have been living in the state for at least six months prior to their registration. Non-residents are not allowed to cultivate marijuana at home in Delaware.

What Are The Location And Zoning Restrictions For Home Cultivation in Delaware?

In Delaware, home cultivation of cannabis is allowed for medical patients only. Qualifying patients may grow up to six cannabis plants in an enclosed area, with no more than three mature plants at one time. The grow must be secure and inaccessible to the public, and out of public view. Home cultivators also must obtain a registry identification card from the Delaware Division of Public Health Office of Medical Marijuana. Additionally, local zoning regulations must be followed.

Is It Legal To Share Or Gift Homegrown Marijuana With Others in Delaware?

No, it is not legal to share or gift homegrown marijuana with others in Delaware. The possession of marijuana for personal, recreational use (without a valid medical marijuana card) is illegal and punishable by law. If caught, individuals can face fines, jail time, and/or drug education classes.

Are There Limitations On The Amount Of Marijuana That Can Be Harvested And Stored in Delaware?

Yes, there are limitations on the amount of marijuana that can be harvested and stored in Delaware. Under Delaware law, an individual must possess no more than one ounce of usable marijuana, six marijuana plants, and/or 1/8th ounce of concentrated marijuana.

Do State Laws Differentiate Between Medical And Recreational Home Cultivation in Delaware?

Yes, state laws in Delaware do differentiate between medical and recreational home cultivation. Medical home cultivation is allowed for registered medical marijuana patients. However, recreational home cultivation is strictly prohibited.

Are There Restrictions On The Use Of Hydroponic Or Aeroponic Systems For Cultivation in Delaware?

Yes, there are restrictions on the use of hydroponic and aeroponic systems for cultivation in Delaware. The Delaware Department of Agriculture requires that anyone engaging in the commercial production or sale of plants using hydroponics or aeroponics must obtain a permit from the department before beginning operations. The permit must be renewed each year, and it is subject to inspection by the department. Additionally, all hydroponic and aeroponic systems must comply with all federal, state, and local laws and regulations regarding food safety and agricultural production.

Can Landlords Or Property Owners Prohibit Home Cultivation On Their Properties in Delaware?

Yes, landlords or property owners in Delaware can prohibit home cultivation on their properties. This can be done through written lease agreements. However, Delaware state law does allow for limited home cultivation of cannabis plants, as long as the number of plants does not exceed six and the area in which they are grown is secure and not accessible to minors.

Are There Regulations Regarding Security Measures For Home Cultivation Sites in Delaware?

Yes, there are regulations regarding security measures for home cultivation sites in Delaware. Any residence from which marijuana is cultivated must have a security system that includes locks, motion detectors, security cameras, and an alarm system. These systems must be operational and functioning at all times while the marijuana is being cultivated. Furthermore, the cultivator must take steps to ensure that the cultivation site is not visible to the public and not accessible to individuals other than those authorized by law.

How Are Home Cultivators Required To Label And Store Their Harvested Marijuana in Delaware?

Home Cultivators in Delaware are required to label and store their harvested marijuana in a manner that is consistent with the regulations of the Delaware Medical Marijuana Program. Labeling must include the date of harvest, strain, percentage of THC, among other details. Marijuana must be stored in a locked facility out of the reach of minors and must not be accessible to minors.

Do State Laws Allow For Outdoor Cultivation, And If So, What Are The Regulations in Delaware?

Yes, state law does allow for outdoor cultivation of certain plants in Delaware. Regulations are as follows:

– Outdoor cultivation must be done in a secure enclosure, such as a fenced-in area, that is protected from the public and other animals.

– Outdoor cultivation must be done in an area where there is enough natural sunlight to grow the plants.

– All plants must be grown in a manner that prevents the spread of disease or pests to other plants.

– All outdoor cultivation must follow all applicable state and local laws and regulations.

– Outdoor cultivation must not cause a nuisance to the neighbors, such as odor or excessive noise.

– All plants must be grown in accordance with all applicable state and local regulations.

Are There Age Restrictions For Individuals Involved In Home Cultivation in Delaware?

Yes, there are age restrictions for individuals involved in home cultivation in Delaware. Individuals must be 21 years of age or older to legally cultivate cannabis in their dwelling.

What Is The Penalty For Violating Home Cultivation Regulations in Delaware?

Home cultivation of marijuana is not legal in Delaware and any violations could result in criminal charges. Possession of up to one ounce of marijuana is a civil offense, punishable by a $100 fine, but possession of more than one ounce is a misdemeanor, punishable by up to 6 months in jail and/or a fine of up to $1,150. Cultivating any amount of marijuana in Delaware is a felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.

Do State Regulations Address The Sale Or Exchange Of Homegrown Marijuana in Delaware?

Yes, the sale and exchange of homegrown marijuana is regulated by the Delaware Medical Marijuana Act (DMMA). This law requires that all marijuana sold in Delaware must come from a state-licensed dispensary. Homegrown marijuana may be exchanged between registry card holders for medical use only.

Is It Legal To Make Concentrates Or Edibles Using Homegrown Marijuana in Delaware?

No, it is not legal to make concentrates or edibles using homegrown marijuana in Delaware. In Delaware, it is only legal to purchase marijuana from a state-licensed dispensary. Possessing homegrown marijuana for personal use is a misdemeanor and can result in fines or jail time.

Are There Restrictions On The Possession Of Marijuana Plants Or Products In Public Places in Delaware?

Yes, there are restrictions on the possession of marijuana plants or products in public places in Delaware. According to Delaware State law, it is illegal to possess any usable amount of marijuana in a public place. Additionally, it is illegal to use or possess marijuana-related paraphernalia while in a public place.

How Can Individuals Access Resources And Guidance On Complying With Home Cultivation Regulations in Delaware?

Individuals in Delaware can access resources and guidance on complying with home cultivation regulations by visiting the Delaware Medical Marijuana Program website. The website provides information on the state’s laws and regulations regarding marijuana cultivation, including information on limits to the number of plants that can be cultivated, possession limits, and other restrictions. Additionally, individuals can contact their local law enforcement office for specific information related to their area.