Cannabis in Delaware#2023 Delaware General Assembly passage

In May 2011, Governor Jack Markell signed legislation allowing patients 18 and older to possess up to six ounces if they had certain qualifying medical conditions such as cancer, Alzheimer's disease, post-traumatic stress disorder, and conditions that cause intractable nausea, severe pain or seizures, among others.{{cite news |date=May 13, 2011 |title=Delaware governor signs bill making it the 16th state to legalize medical marijuana |work=The Union |agency=Associated Press |url=https://www.theunion.com/news/delaware-becomes-16th-medical-marijuana-state/ |url-status=live |archive-url=https://web.archive.org/web/20211009234145/https://www.theunion.com/news/delaware-becomes-16th-medical-marijuana-state/ |archive-date=October 9, 2021}}{{Cite news |last=Baker |first=Karl |date=June 26, 2015 |title=Delaware's first medical cannabis clinic opens |work=The News Journal |url=https://www.delawareonline.com/story/news/local/2015/06/26/first-medical-cannabis-clinic-delaware-opens/29328325/ |url-status=live |url-access=limited |archive-url=https://web.archive.org/web/20220924014347/https://www.delawareonline.com/story/news/local/2015/06/26/first-medical-cannabis-clinic-delaware-opens/29328325/ |archive-date=September 24, 2022}}

State data on patients who received marijuana cards in 2015 showed that the primary medical conditions being treated for cardholders were pain (36.3%), muscle spasms (21.6%), and cancer (9.3%).{{Cite news |last1=Masulli Reyes |first1=Jessica |last2=Rini |first2=Jen |date=September 4, 2016 |title=Delaware medical marijuana patients in limbo |work=The News Journal |url=https://www.delawareonline.com/story/news/local/2016/09/02/delaware-medical-marijuana-patients-limbo/89095904/ |url-status=live |url-access=limited |archive-url=https://web.archive.org/web/20220117050109/https://www.delawareonline.com/story/news/local/2016/09/02/delaware-medical-marijuana-patients-limbo/89095904/ |archive-date=January 17, 2022}}

The first medical marijuana clinic in Delaware opened in Wilmington in June 2015. As of that date, some 340 Delaware residents held cards from the Delaware Health and Social Services, allowing them to purchase marijuana in order to treat their medical conditions. However, as of 2016, medical-marijuana cardholders still struggled to obtain approved cannabis.

The medical marijuana legislation provided that all three of the state's counties – New Castle, Kent, and Sussex – must have a licensed dispensary - known in Delaware as a Compassion Center - by January 1, 2013. However, only a single facility (the Wilmington facility in New Castle County) had opened as of 2016.

In June 2015, Markell signed a law that decriminalized the possession of one ounce or less of marijuana by adults. Possession of marijuana remains a civil infraction that carries a $100 fine. The bill passed along party lines, with all Republican legislators opposing it.{{cite news |last=Starkey |first=Jonathan |date=June 18, 2015 |title=Markell signs Delaware marijuana decriminalization bill |work=The News Journal |url=https://www.delawareonline.com/story/firststatepolitics/2015/06/18/senate-debate-marijuana/28927757/ |url-status=live |url-access=limited |archive-url=https://web.archive.org/web/20220809040018/https://www.delawareonline.com/story/firststatepolitics/2015/06/18/senate-debate-marijuana/28927757/ |archive-date=August 9, 2022}} Under the legislation, it remains illegal for minors (persons under age 21) to possess cannabis.{{Cite news |date=December 18, 2015 |title=Marijuana Decriminalization Law Takes Effect in Delaware |publisher=WCAU |agency=Associated Press |url=https://www.nbcphiladelphia.com/news/local/marijuana-decriminalization-delaware-pot-governor-jack-markell-weed/116472/ |url-status=live |archive-url=https://web.archive.org/web/20211016170400/https://www.nbcphiladelphia.com/news/local/marijuana-decriminalization-delaware-pot-governor-jack-markell-weed/116472/ |archive-date=October 16, 2021}} Additionally, smoking cannabis "in a moving vehicle, in public areas, or outdoors on private property within {{convert|10|feet|m|0|disp=sqbr}} of a street, sidewalk or other area accessible to the public" is also a misdemeanor.

The decriminalization bill took effect in December 2015.

There have been a few attempts to legalize marijuana in Delaware, starting in 2017 by State Rep. Helene Keeley,{{Cite news|last=Dawson|first=James|date=March 19, 2017|title=Bill legalizing recreational marijuana hitting Dover|url=https://www.delawarepublic.org/post/bill-legalizing-recreational-marijuana-hitting-dover|url-status=live|publisher=Delaware Public Media|archive-url=https://web.archive.org/web/20170401005627/http://delawarepublic.org/post/bill-legalizing-recreational-marijuana-hitting-dover |archive-date=April 1, 2017 }} but such bills failed to receive the required number of votes in the Delaware legislature.{{Cite news|last=Mueller|first=Sarah|date=June 27, 2018|title=Legislation legalizing recreational pot fails in Delaware House|url=https://www.delawarepublic.org/post/legislation-legalizing-recreational-pot-fails-delaware-house|url-status=live|publisher=Delaware Public Media|archive-url=https://web.archive.org/web/20180628090831/http://delawarepublic.org/post/legislation-legalizing-recreational-pot-fails-delaware-house |archive-date=June 28, 2018 }} Some Democratic colleagues abstained from the vote, citing concerns over the bill's cost.

The most recent push to legalize Recreational marijuana in Delaware was picked up by State Rep. Ed Osienski, who attempted to get a bill passed during the 2020 general assembly session, but failed due to a lack of votes and because of the COVID-19 pandemic.{{Cite news|last=Battaglia|first=Roman|date=February 26, 2021|title=Is Delaware poised to make recreational marijuana legal?|url=https://www.delawarepublic.org/post/delaware-poised-make-recreational-marijuana-legal|url-status=live|publisher=Delaware Public Media|archive-url=https://web.archive.org/web/20210226230636/https://www.delawarepublic.org/post/delaware-poised-make-recreational-marijuana-legal |archive-date=February 26, 2021 }} Osienski reworked the bill to introduce it during the 2021 legislative session. Some of those changes included adding a 'social equity' and microbusiness license, through which Osienski says "they’ll get some additional help with applying and some reduction in fees."

In May 2022, the Delaware General Assembly formally passed a bill to legalize cannabis for recreational use. On May 24, 2022, the Governor of Delaware, John Carney, vetoed the bill.{{Cite news |last=Newman |first=Meredith |date=May 25, 2022 |title=Delaware governor vetoes marijuana legalization bill, setting up historic showdown with Legislature |work=The News Journal |url=https://www.delawareonline.com/story/news/health/2022/05/24/delaware-governor-vetoes-marijuana-bill-showdown-looms-legislature/9908695002/ |url-status=live |url-access=limited |access-date=June 8, 2022 |archive-url=https://web.archive.org/web/20221022030934/https://www.delawareonline.com/story/news/health/2022/05/24/delaware-governor-vetoes-marijuana-bill-showdown-looms-legislature/9908695002/ |archive-date=October 22, 2022}} On June 7, the Delaware House of Representatives failed to override Carney's veto.{{Cite web |last=Jaeger |first=Kyle |date=June 7, 2022 |title=Delaware House Upholds Governor's Marijuana Legalization Veto |url=https://www.marijuanamoment.net/delaware-house-upholds-governors-marijuana-legalization-veto/ |access-date=June 8, 2022 |website=Marijuana Moment}}

Delaware HB1, a legalization bill, and HB2, to regulate and tax sales, were introduced on January 20.{{cite news|title=Delaware Lawmakers Introduce Marijuana Legalization Legislation for a Sixth Time|date=January 20, 2023|publisher=WBOC-TV|url=https://www.wboc.com/news/delaware-lawmakers-introduce-marijuana-legalization-legislation-for-a-sixth-time/article_03ae7e7e-98f6-11ed-a946-4bb526f2a021.html}} HB1 was approved by the House on March 7,{{cite news|publisher=Associated Press|via=US News and World Report|title=Delaware House Approves Legalizing Recreational Marijuana|date=March 7, 2023|url=https://www.usnews.com/news/best-states/delaware/articles/2023-03-07/delaware-house-approves-legalizing-recreational-marijuana}} and HB2 was approved on March 9.{{cite news|title=Delaware House votes yes to create recreational marijuana industry with bipartisan support|author1=Meredith Newman |author2=Hannah Edelman|newspaper=Delaware News Journal|via=Yahoo! News|date=March 9, 2023|url=https://www.yahoo.com/entertainment/delaware-house-votes-yes-create-223422441.html}} The bills were approved by the senate on March 28, to be sent to the governor to become law.{{cite news|publisher=WMDT|date=March 28, 2023|title=Senate lawmakers vote in favor of bill to legalize, tax marijuana in Delaware|url=https://www.wmdt.com/2023/03/senate-lawmakers-vote-in-favor-of-bill-to-legalize-tax-marijuana-in-delaware/}} HB 1 was transmitted to the governor on April 11, and HB2 on April 14.{{cite press release|publisher=House Democrats of Delaware|title=Marijuana Legalization, Regulation Bills Delivered to Governor|date=April 14, 2023|url=https://housedems.delaware.gov/2023/04/14/marijuana-legalization-regulation-bills-delivered-to-governor/}} Carney released a statement on April 21 that both bills would come into effect as law with neither his signature nor veto. He stated that although he still opposes legalization, it is time to "move on" from the issue.{{cite web|title=Governor Carney Releases Statement on House Bill 1 and House Bill 2|publisher=Office of the Governor | date =April 21, 2023|website=delaware.gov|url=https://news.delaware.gov/2023/04/21/governor-carney-releases-statement-on-house-bill-1-and-house-bill-2/}}{{cite news|publisher=Associated Press|title=Delaware governor says he won't block marijuana legalization|date=April 21, 2023|url=https://apnews.com/article/delaware-marijuana-legalization-carney-e64e3396afa773d19f7f96add7a8e28d}} Legalization came into effect on April 23, 2023.{{cite news|publisher=WHYY-FM|location=Philadelphia|title= No veto: Recreational marijuana will become legal in Delaware Sunday without Gov. Carney's signature|author=Cris Barrish|date=April 21, 2023 |url= https://whyy.org/articles/delaware-marijuana-legalization-veto-carney/ }}

• Legality of cannabis by U.S. jurisdiction

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{{Cannabis in the United States}}

{{Agriculture in the United States}}