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Cannabis in Delaware is legal for medicinal and recreational use.
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| Cannabis |
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Cannabis in Delaware is legal for medicinal and recreational use.
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. [1] [2]
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%). [3]
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. [2] However, as of 2016, medical-marijuana cardholders still struggled to obtain approved cannabis. [3]
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. [3] However, only a single facility (the Wilmington facility in New Castle County) had opened as of 2016. [3]
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. [4] Under the legislation, it remains illegal for minors (persons under age 21) to possess cannabis. [5] Additionally, smoking cannabis "in a moving vehicle, in public areas, or outdoors on private property within 10 feet [3 m] of a street, sidewalk or other area accessible to the public" is also a misdemeanor. [5]
The decriminalization bill took effect in December 2015. [5]
There have been a few attempts to legalize marijuana in Delaware, starting in 2017 by State Rep. Helene Keeley, [6] but such bills failed to receive the required number of votes in the Delaware legislature. [7] Some Democratic colleagues abstained from the vote, citing concerns over the bill's cost. [7]
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. [8] 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." [8]
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. [9] On June 7, the Delaware House of Representatives failed to override Carney's veto. [10]
Delaware HB1, a legalization bill, and HB2, to regulate and tax sales, were introduced on January 20. [11] HB1 was approved by the House on March 7, [12] and HB2 was approved on March 9. [13] The bills were approved by the senate on March 28, to be sent to the governor to become law. [14] HB 1 was transmitted to the governor on April 11, and HB2 on April 14. [15] 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. [16] [17] Legalization came into effect on April 23, 2023. [18]
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.
Cannabis in Vermont as of May 2004 is legal for medical use, and legal for recreational use as of July 1, 2018.
In the US state of Montana, cannabis has been legal for both medical and recreational use since January 1, 2021, when Initiative 190 went into effect. Prior to the November 2020 initiative, marijuana was illegal for recreational use starting in 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, revising the 2004 law and allowing providers to service more than three patients. In May 2023, numerous further bills on cannabis legalization and other related purposes passed the Montana Legislature. The Governor of Montana is yet to either sign or veto the bill.
Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Connecticut is legal for recreational use since July 1, 2021. Medical use was legalized through legislation passed in 2012.
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