Legislature and governor revise adult-use law, expand medical law 

During the 2024 legislative session, the Delaware Legislature passed — and Governor John Carney signed — several bills to revise and improve its cannabis laws. The bills will speed up adult-use access, allow any debilitating condition to qualify for medical cannabis, and make other changes.

On July 17, 2024, Governor John Carney signed into law HB 408, which will allow existing medical dispensaries to apply for conversion licenses to also serve adult-use consumers. Gov. Carney allowed legalization to go into law without his signature in 2023, but sales have yet to begin. This new law will speed up access to adult-use cannabis and provide much-needed social equity funding. In addition to paying a hefty fee, medical marijuana compassion must meet requirements, including to prioritize medical cannabis access.

Gov. Carney also signed HB 425 and HB 334. HB 425 moves the medical cannabis program to the same regulatory authority as adult use, the Office of the Marijuana Commissioner. HB 334 makes some minor changes and corrections to cannabis regulatory laws. It also changes the method for licensing adult-use businesses from a scored application process to what will likely be a qualifying lottery. Applicants will be required to meet qualifications and requirements to be considered.

Turning to medical cannabis improvements, Gov. Carney also signed HB 285 into law. The new law, which took effect immediately:

• Removes the list of qualifying conditions and instead allows doctors to recommend cannabis for any condition they believe could benefit.
• Allows patients 65 and older to self-certify their need for medical cannabis without a recommendation from a healthcare provider.
• Expands the expiration dates for medical cannabis cards from one-year terms to two- or three-year terms.
• Allows patients diagnosed with terminal illnesses an “indefinite” expiration date on their medical cannabis cards.
• Allows reciprocity for out-of-state patients (patients with medical cannabis cards from other states would have the same privileges as in-state registered patients).

While we were happy to see HB 285 and HB 408 signed into law, we are disappointed HB 408 was not amended to also allow all adult-use retailers to serve registered patients tax-free, with delivery, and higher purchase limits. We will continue to work to foster  accessibility for patients, along with other improvements to Delaware’s cannabis laws.

Delaware: the 22nd state to legalize cannabis

In April 2023, the First State became the 22nd state to legalize cannabis after Governor John Carney (D) allowed HB 1 and HB 2 to become law without his signature. 

HB 1 legalized possession of up to one ounce of cannabis for adults 21 and older. Unfortunately, it does not include home cultivation.

HB 2 will regulate and tax cannabis sales for adults in Delaware.

Check out our summaries for details.

Representative Ed Osienski (D) sponsored both bills, with Sen. Trey Paradee (D) leading the charge in the Senate. Both bills passed the legislature in supermajority votes.

In June 2023, Governor Carney nominated, and the Senate confirmed Robert Coupe as the state’s first marijuana commissioner. Coupe is tasked with setting up regulations for the adult-use market. Proposed regulations are expected to be finalized by September 11, 2024. The Marijuana Commission started accepting conversion license applications August 1, 2024. After that, licenses need to be issued by November 1, 2024.  Once the conversion process is completed, those businesses can immediately begin selling cannabis.

Application for 125 new cannabis businesses will be available starting August 19, 2024.

MPP is a proud member of the Delaware Cannabis Policy Coalition, which organized to end cannabis prohibition for years in Delaware. From organizing lobby days, rallies, and town halls, testifying in key committees, conducting media outreach, voter guides, and so much more, we’re proud to have played a leading role to reach this historic moment.

Make sure you’re signed up for our email alerts so we can keep you updated on the rollout of Delaware’s adult-use cannabis law.

Delaware’s medical cannabis program

The Department of Health continues to accept applications for medical cannabis ID cards. If you are interested in obtaining your medical cannabis ID card, please visit the medical cannabis program’s website or call them at (302) 744-4749 to receive application forms. If you have further questions about the medical cannabis program, please see our summary of the law.

Thanks to HB 285, you now do not need a specified debilitating condition to qualify for a registry identification card. If you are 65 years of age or older, you also do not need a practitioner’s certification.

You can find a list of compassion centers in Delaware here.

Governor signs expungement bills

In 2018, 2019, and 2021, Gov. John Carney signed bills to expand expungement, including for cannabis convictions.

The 2018 law — SB 197 — allowed individuals with a single conviction for possessing up to an ounce of cannabis to automatically qualify to clear their record. To receive an expungement, individuals must first request their certified records from the State Bureau of Identification. Then, they pay a fee and fill out a form to apply for mandatory expungement.

In June 2019, Gov. Carney signed SB 37 into law. This law allows for a single cannabis misdemeanor conviction to be expunged after five years and a single cannabis felony conviction to be expunged after seven years.

Finally, in June 2021, the legislature passed and Gov. Carney signed Clean Slate expungement bills — SB 111 and SB 112. Among other reforms, SB 112 allows all misdemeanor cannabis possession convictions to be eligible for mandatory expungement. It also allows drug felonies to be eligible for mandatory expungement once 10 years have passed since the conviction. Starting on August 1, 2024, the expungement process became automatic for any offenses eligible for mandatory expungement.

Stay connected

While legalization is an enormous victory, our work isn’t done.  Make sure you’re signed up for our email alerts so we can keep you updated as Delaware implements these laws.