Senate Bill 17
(100 KB) -- Signed into law by Gov. Jack Markell (D) on May 13, 2011
Approved: By House 27-14, by Senate 17-4
Effective: July 1, 2011 Under this law, a patient is only protected from arrest if his or her
physician certifies, in writing, that the patient has a specified
debilitating medical condition and that the patient would receive
therapeutic benefit from medical marijuana. The patient must send a copy
of the written certification to the state Department of Health and
Social Services, and the Department will issue an ID card after
verifying the information. As long as the patient is in compliance with
the law, there will be no arrest.
The law does not allow patients or caregivers to grow marijuana at
home, but it does allow for the state-regulated, non-profit distribution
of medical marijuana by compassion centers.
Updates: On Feb. 12, 2012,
Gov. Markell released the following statement (presented in its
entirety), available on delaware.gov, in response to a letter from US District Attorney Charles Oberly
(2 MB): "I am very disappointed by the change in policy at the federal
department of justice, as it requires us to stop implementation of the
compassion centers. To do otherwise would put our state employees in
legal jeopardy and I will not do that. Unfortunately, this shift in the
federal position will stand in the way of people in pain receiving help.
Our law sought to provide that in a manner that was both highly
regulated and safe."
On Aug. 15, 2013, Gov. Markell announced in a letter to Delaware lawmakers
(175 KB) his intention to relaunch the state's medical marijuana program,
despite his previous decision to stop implementation. Markell wrote that
the Department of Health and Social Services "will proceed to issue a
request for proposal for a pilot compassion center to open in Delaware
next year."
| Code Section |
Tit. 16 §4701, et seq.; 4753A |
| Possession |
Class A misdemeanor (If applicable, can be subject to First Offenders Controlled Substances Diversion Program §4764); Knowingly making a purchase from a minor under 18: Class E felony. Purchasing from a minor under 16, 6 months no suspension, probation, parole. Seller is under 14 yrs. 1 year mandatory sentence |
| Sale |
Class E felony: 5 yrs. and $1000 to $10,000 (more severe if near school §4767-68) |
| Trafficking |
5 lbs. or more: class B felony; 5-100 lbs.: $25,000 and minimum 2 yrs.; 100-500 lbs.: $50,000 and minimum 4 yrs.; Over 500 lbs.: $100,000 and minimum 8 yrs. |
Delaware Department of Health and Social Services
Division of Public Health
Phone: 302-744-4749
Fax: 302-739-3071
MedicalMarijuanaDPH@state.de.us
Website:
DE Medical Marijuana Program
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