Cannabis in Delaware

What this means for cannabis in Delaware

Delaware's rules should be read by access type: adult-use status, medical program status, possession limits, home cultivation, and the regulator responsible for current guidance.

• Adult-use access: adult-use cannabis is legalized in 2023, and retail sales started in 2024.
• Medical program: medical cannabis was authorized in 2011; licensed dispensaries are operating, and qualifying-condition rules apply.
• Possession: Adults 21+ can possess up to 1 oz of cannabis flower.
• Home cultivation: Home cultivation is not permitted in Delaware.
• CBD context: CBD is legal in Delaware. Higher-THC products are available with the appropriate license.
• Regulator to verify: Delaware Office of the Marijuana Commissioner.
• State note: HB 1 and HB 2 passed 2023. No home grow.

Recreational Use in Delaware

Recreational use is legal in Delaware since 2023. Adults can possess up to 1 oz. Retail sales began in 2024.

Adults 21 and older can legally purchase cannabis from licensed retailers in Delaware. Sales are regulated by the Delaware Office of the Marijuana Commissioner. All product sold by licensed retailers is lab-tested for potency and contaminants. Identification is required at purchase.

Medical Cannabis in Delaware

Medical cannabis is legal in Delaware since 2011. Licensed dispensaries are operating.

Patients enrolled in the Delaware program must meet state-specified qualifying conditions and obtain a registry card from the Delaware Office of the Marijuana Commissioner. Program rules cover possession amounts, caregiver designations, and reciprocity with out-of-state cards.

Home Cultivation

Home cultivation is not permitted in Delaware.

Hemp-Derived CBD

CBD is legal in Delaware. Higher-THC products are available with the appropriate license.

Hemp-derived CBD products with THC at or below 0.3% are federally legal under the 2018 Farm Bill. State rules add their own restrictions on labeling, lab testing, and retail. See the CBD page for Delaware.

Cannabis Questions in Delaware

Sources & Verification

This page uses Dr. Greenthumb's current state dataset for Delaware, including the listed regulator: Delaware Office of the Marijuana Commissioner. It is informational, not legal advice, and should be checked against current state guidance before buying or operating.