Informational only — not legal advice. Cannabis laws change frequently; verify current rules with the official sources linked below before relying on this page.
Last verified: 2026-07-12
Delaware Cannabis Laws — Quick Facts
Status
Recreational legal · since 2023 (Delaware Marijuana Control Act)
Min. Age
21
Purchase Limit
1 oz (28 g)
Home Grow
No
1. Status & Authority
Legal Since: 2023 (Delaware Marijuana Control Act)
Governing Agency: Office of the Marijuana Commissioner (OMC)
Statute/Citation: Title 4, Chapter 13 of the Delaware Code
Medical Exists: Yes
Retail Sales Operational: Yes (Started August 1, 2025)
2. Who Can Purchase
Minimum Age: 21
ID Requirements: Valid government-issued photo ID
Resident vs. Out-of-State/Visitor: Both residents and visitors aged 21+ may purchase.
Reciprocity: Visitors must purchase under recreational limits.
3. Purchase & Possession Limits
Flower: 1 oz (28 g)
Concentrate: Up to 5 g
Edibles: The total limit for concentrated THC products (which includes edibles) is 750 mg THC.
4. Where & How to Buy
Dispensaries: Licensed retail stores.
Delivery & Online: Recreational home delivery is prohibited (restricted to medical marijuana only).
Consumption Lounges: Prohibited. Marijuana may not be consumed on the premises of a retail store.
Local Opt-Outs: Municipalities may prohibit or restrict the operation of marijuana establishments.
5. Taxes & Payment
Excise Tax: 15% state tax on retail recreational marijuana sales.
Sales Tax: Delaware does not have a general state sales tax.
Payment: Cash or cashless ATMs.
6. Consumption Rules
Permitted Locations: Private residences.
Prohibited Locations: Public places, and anywhere smoking tobacco or e-cigarettes is prohibited.
Vehicles/Open Container: Illegal to consume in a motor vehicle for both drivers and passengers.
Landlord/Employer: Landlords may prohibit marijuana use on their property. Employers can enforce zero-tolerance policies.
7. Home Cultivation
Allowed: No
Plant Count Limits: Recreational home cultivation is strictly prohibited in Delaware.
8. Penalties
Over-Limit Possession: Can result in unclassified misdemeanor or felony charges depending on the quantity.
Public Consumption: Civil penalty / fine.
Sale to Minors: Criminal charges.
DUI Thresholds: Impairment-based. Driving while impaired by drugs is a criminal offense, determined by officer observation and Drug Recognition Experts.