Recreational Marijuana Laws and Safety Regulations in Delaware

Is Recreational Marijuana Legal in Delaware?

No, recreational marijuana is not legal in Delaware. Possession of any amount of marijuana in Delaware is a misdemeanor and can result in up to six months in jail and a fine up to $1,150.

What Is The Legal Age For Purchasing And Using Recreational Marijuana in Delaware?

As of December 18, 2020, the legal age for purchasing and using recreational marijuana in Delaware is 21 years old.

Where Can I Buy Recreational Marijuana in Delaware?

It is currently illegal to purchase recreational marijuana in Delaware. The legislation to legalize medical marijuana has been approved, but the laws are still being developed.

What Are The Possession Limits For Recreational Marijuana in Delaware?

In Delaware, individuals 21+ are allowed to possess up to one ounce of marijuana flower, or up to 5 grams of concentrate, for recreational use. It is illegal to have more than these amounts. Additionally, individuals are allowed to have up to six marijuana plants, three of which can be mature, in their residence.

Can I Grow My Own Recreational Marijuana in Delaware?

Unfortunately, recreational marijuana is not currently legal in Delaware. While the state does have a medical marijuana program, it does not allow for home cultivation of recreational marijuana. Therefore, it is not possible to legally grow your own recreational marijuana in Delaware.

Are There Restrictions On Where I Can Use Recreational Marijuana in Delaware?

Yes. Recreational marijuana is not allowed in any public place, including parks, streets, and other public areas. It is also illegal to drive while under the influence of marijuana. Additionally, it is illegal to use marijuana on any school campus or federal property.

How Does Taxation Work For Recreational Marijuana Sales in Delaware?

In Delaware, recreational marijuana sales are subject to a 15% excise tax. The tax revenue collected from recreational marijuana sales is placed in a special fund that is used to cover costs associated with implementation and regulation of the state’s marijuana program. The revenue is also used to fund additional public programs based on the recommendation of the Delaware Marijuana Advisory Committee. These additional public programs are funded at levels determined by the Delaware General Assembly.

What Forms Of Recreational Marijuana Are Available in Delaware?

In Delaware, recreational marijuana is not yet available. The medical use of marijuana is legal, and dispensaries have been in operation since 2015. Qualifying medical conditions for the use of medical marijuana include: cancer, HIV/AIDS, PTSD, multiple sclerosis, cachexia (wasting syndrome), intractable nausea and seizures.

Are There Penalties For Using Or Possessing Recreational Marijuana If I’M Underage in Delaware?

Yes. The legal age to possess and use recreational marijuana in Delaware is 21. If an individual is caught possessing or using marijuana while they are underage, they will face fines or jail time depending on the amount that is found in their possession.

Can I Use Recreational Marijuana In Public Places Or While Driving in Delaware?

No, it is illegal to consume recreational marijuana in public places or while driving in Delaware. You can only use recreational marijuana on private property. It is also illegal to transport marijuana in a vehicle, even if it is in a sealed container.

What Are The Penalties For Driving Under The Influence Of Recreational Marijuana in Delaware?

In Delaware, the penalties for driving under the influence of recreational marijuana are the same as those for driving while under the influence of alcohol. These include fines, license suspension, and possible jail time. Fines range from a minimum of $575 to up to $2,300 for a first offense. A second or subsequent offense will result in increased fines and/or jail time. Additionally, if someone is found to be driving under the influence of marijuana and is 21 years old or younger, their license can be suspended for one year with no option for a restricted license.

Is There A Legal Limit For Blood Thc Concentration When Driving in Delaware?

No, Delaware does not have a legal limit for blood THC concentration when driving. However, Delaware does have a zero-tolerance policy for drivers under the age of 21 who have any amount of THC in their system.

Are There Restrictions On Advertising And Marketing Of Recreational Marijuana Products in Delaware?

Yes. Advertising and marketing of recreational marijuana products in Delaware is regulated. Some restrictions include:

• Advertising may not directly target minors or use language or images that would reasonably be appealing to minors.

• Advertising may not claim that marijuana produces any therapeutic benefits.

• Advertising may not contain any false or misleading information.

• Advertising may not promote the unsafe use of marijuana or imply that its use is safe.

• Advertising must comply with all applicable laws and regulations.

• All advertising must include the words “For Adults 21 and Over.”

Can I Purchase Recreational Marijuana As An Out-Of-State Visitor in Delaware?

No, recreational marijuana is not legal in Delaware. The state has decriminalized possession of small amounts of marijuana, but there are no facilities where out-of-state visitors can purchase marijuana for recreational use.

How Do State Authorities Regulate The Safety And Quality Of Recreational Marijuana Products in Delaware?

In Delaware, the Marijuana Control Act of 2011 regulates the safety and quality of recreational marijuana products. Under this act, the Delaware Department of Health and Social Services (DHSS) is responsible for issuing licenses to dispensaries, growers, and processors. In order to maintain the safety and quality of marijuana products in Delaware, each licensee must comply with health and safety laws, regulations, and standards issued by the DHSS.

The DHSS also requires that all marijuana products are tested for potency and contaminants before they can be sold. The DHSS has established specific laboratory testing requirements that must be met to ensure that these tests are performed accurately. Additionally, all marijuana retailers must comply with labeling requirements and inspections conducted by the DHSS. Finally, all marijuana products sold in Delaware must meet quality standards set by the DHSS for pesticides, mold, and other contaminants.

Can Employers Still Drug Test For Marijuana, Even If It’S Legal For Recreational Use in Delaware?

Yes, employers in Delaware can still drug test for marijuana, even if it is legal for recreational use. Employers have the right to maintain a drug-free workplace and can use drug testing as a tool to help create and maintain a safe work environment.

Are There Restrictions On The Packaging And Labeling Of Recreational Marijuana Products in Delaware?

Yes, there are restrictions on the packaging and labeling of recreational marijuana products in Delaware. All packaging for marijuana must be opaque, securely sealed, and tamper-evident. Additionally, all marijuana products must be labeled with the following information: (1) product name; (2) weight or volume; (3) brand name; (4) THC/CBD content; (5) date of manufacture; (6) dosage information; (7) warnings and a statement that the product contains marijuana; (8) licensee name and contact information; and (9) a list of all ingredients. All packages must be resealable and include warning labels that state that the product is intended for adults 21 and over.

What Is The Legal Status Of Edibles And Infused Products in Delaware?

The legal status of edibles and infused products in Delaware is that they are currently not legal. The state has yet to pass any laws regulating the sale or production of these products.

Can I Face Legal Consequences For Sharing Or Giving Away Recreational Marijuana in Delaware?

Yes, it is illegal to share or give away recreational marijuana in Delaware. Doing so would be a violation of Delaware’s marijuana laws and could result in legal consequences such as fines, jail time, and the suspension of your driver’s license.

How Do State Laws Regarding Recreational Marijuana Possession And Use Interact With Federal Laws in Delaware?

The use, possession, sale, and cultivation of marijuana is illegal in Delaware under federal law. Even though the state has legalized recreational marijuana possession and use, federal law enforcement authorities have not changed their policy on cannabis and will continue to enforce the federal Controlled Substances Act. Therefore, individuals in Delaware may be subject to federal prosecution for marijuana offenses. Additionally, the state’s regulations regarding marijuana possession and use may be subject to change if the federal government decides to change its stance on the issue.