Delaware: Medical Marijuana Handbook


Delaware Marijuana Tax Rate

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2024 Delaware Medical Marijuana Handbook

Delaware has 3 bordering states consisting of Maryland, New Jersey, and Pennsylvania.

Medical marijuana is legal in Maryland , but there is no cannabis sales tax on it. There is no cannabis excise tax charged on medical marijuana in Maryland.

Medical marijuana is legal in New Jersey and is subject to a cannabis sales tax of 2%. There is no cannabis excise tax charged on medical marijuana in New Jersey.

Medical marijuana is legal in Pennsylvania , but they choose not to tax medical marijuana. There is, however, a 5% cannabis excise tax on all sales of medical marijuana in Pennsylvania.

Medical Marijuana is illegal in so there is no tax on medical marijuana in those states.

About Delaware Medical Marijuana

Is medical marijuana legal in Delaware?

Yes, medical marijuana is legal in Delaware

When and how did Delaware legalize marijuana for medical use?

Delaware legalized medical marijuana in 2011. This law was passed using Senate Bill 17 (27-14 H, 17-4 S) and passed with a vote of 80.95%. The official name for this law is the Delaware Medical Marijuana Act

Delaware Medical Marijuana possession limits


  • Up to six ounces.


  • N/A

Is it legal to grow marijuana for medicinal use at home in Delaware?

No, medical marijuana patients are not allowed to grow marijuana for medicinal use a home.

Are there medical dispensaries available to patients?

Yes, as long as the patient presents the appropriate documentation for Delaware.

  • A Compassion Center can dispense up to six ounces at one time
  • A Compassion Center is allowed to possess, cultivate, manufacture, transport, and dispense medical marijuana in Delaware to and for registered medical marijuana patients.
  • The compassion center operates as a not-for-profit center.
  • The facility cannot be located within 1,000 feet of any public school or private school.
  • Applications for a Compassion Center License are accepted only during open application periods which are set forth by the Department.
  • Applicants must pay a non-refundable application fee to the Division of Public Health, Medical Marijuana Program. The amount is $5,000 at the time of application.
  • The initial certification and bi-annual license fee are $40,000 which must be paid by any applicant that is approved.

Is there a list of specific conditions for medical marijuana in Delaware?

  • Terminal illness
  • Cancer
  • Cirrhosis
  • Alzheimer’s disease
  • Migraines
  • Epilepsy
  • Glaucoma
  • Nausea
  • Seizures
  • Muscle spasms
  • Multiple Sclerosis
  • Cachexia

Patients under the age of 18 may qualify with the following:

  • Epilepsy
  • Chronic or debilitating disease
  • Nausea
  • Pain
  • Autism

The list above, and more detailed information on it, can be found in the Delaware medical marijuana law

Does Delaware have a medical registry system or ID card?

Yes, Delaware keeps track of their medical marijuna patients.

All medical marijuana patients must be registered with Delaware's registry and possess a medical marijuana identification card in order to purchase, possess, and use.

Does Delaware recognize patients from other states?

No, Delaware does not recognize patients from any state.

Are there any age restrictions for medical marijuana in Delaware?

Anyone over the age of 18 with a qualifying condition can be prescribed medical marijuana. Also, Delaware allows children under the age of 18 to use medical marijuana if they have a qualifying condition. An appointed caregiver can purchase the marijuana for the child.

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