Delaware Statutes

§ 1307 — Private property rights

Delaware·Title 4·Ch. 13 The Delaware Marijuana Control Act·Subch. General Provisions

Nothing in this chapter prohibits a person, employer, school, hospital, detention facility, corporation, or any other entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property, except that in the case of the rental of a residential dwelling, a landlord may only prohibit the possession of marijuana or the consumption of marijuana by nonsmoked means if 1 or more of the following applies:

(1)The building is the primary residence of the landlord, no more than 3 rooms in the building are rented to tenants, and no more than 3 tenants occupy such building.
(2)Residence is merely incidental to detention or to the provision of m

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Legislative History

84 Del. Laws, c. 24, § 4

Nearby Sections

15
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