Delaware Cannabis Law Guide


Delaware Cannabis Law Guide

Delaware is the 22nd state in the U.S. to legalize medical marijuana as well as limited amounts of marijuana for recreational use. Delaware had earlier legalized medical marijuana in 2011 and possession of small amounts of marijuana in 2015.

In this guide, we have assimilated all that you need to know about the youngest state’s cannabis laws. 

Delaware is issuing a total of 125 licenses out of which up to 30 licenses are for dispensaries, 30 for manufacturers, 60 for cultivators, and five testing labs. Sales are expected to begin around August 2024. 

Where can I buy recreational marijuana in Delaware?

Until your friendly neighborhood marijuana store opens, which is most likely not until late in 2024, this will continue to be a risky transaction.

You may have to purchase marijuana up to that point from someone selling it illegally. However, now it’s legal to give marijuana as a present.

Additionally, even though shops in New Jersey will also sell it to Delaware residents who visit, it is still prohibited to transport marijuana across state borders.

Who may purchase marijuana, and how much may an individual possess?

In the Delaware cannabis law, the personal use quantity refers to what cannabis legalization experts call the amount an adult can possess and even transport.

So, what does that mean?

It means that the law allows an individual to possess any one of the following:

  1. One ounce or 28,35 grams of leaf
  2. 12 grams or less in the form of hash or any other form of concentrate
  3. Up to 750 milligrams of gummies or pot edibles

Most importantly, you can possess only one of the three above but not all or a combination of these.

What is the legal age for recreational cannabis?

The legal age for the possession and use of cannabis is 21 years. Underage users face a charge of $100 as a civil violation fine for the first offense. If a person commits the same violation the second time, the fine can be between $200 to $500.

The following violations are constituted by Delaware law as a criminal offense. Hence, you can choose to smoke weed in your personal space either by yourself or with company only when you are 21 years old.

You can carry or drive weed with you but in a sealed box or bottle. Be cautious not to get high in public places, restaurants, while driving, or even in a parked car.

Has Delaware legalized cannabis home cultivation?

It is still illegal to grow cannabis for personal use at home in Delaware like in any other state. This state could change soon. While individuals over 21 years are legally eligible to purchase a prescribed amount of cannabis, there still is a lag in the actual retail sale of cannabis.

What about cannabis cultivation for medicinal use?      

Delaware has legalized cannabis cultivation for medicinal purposes. 

The cultivation and sale of marijuana products to qualified patients who have obtained an ID card from the Delaware Department of Health and Social Services (DHSS) are permitted under a system that is controlled in Delaware for medical marijuana. Licensed compassion centers (dispensaries) are allowed to cultivate marijuana plants. Patients and carers who have registered with the DHSS and secured cultivation authorization are also permitted to cultivate medical marijuana. 

Marijuana growth outside of a regulated system is prohibited and may result in a legal tangle. Moreover, even if marijuana is allowed in another state, it is still prohibited to transfer it across state lines.

Where is it prohibited to smoke cannabis in Delaware?

Smoking, vaping, or eating marijuana in public areas like parks, sidewalks, and restaurants is prohibited. In addition, it is prohibited to have marijuana on school property or in a moving vehicle. This is considered an “unclassified misdemeanor”. The penalty for such cases is a fine of up to $200 and/or up to five days imprisonment.

Are medical patients allowed to use cannabis in public?

According to the Delaware Medical Marijuana Act, if you are a medical marijuana patient, you are permitted to own and consume medical marijuana. Therefore, you are not allowed to use and possess medical marijuana in public places.

Buying And Selling Regulations

In Delaware, the sale and distribution of marijuana are currently permitted for medical reasons and will soon extend to recreational uses as well.

Licensed compassion centers (dispensaries) are permitted to sell marijuana products to certified patients with an ID card from the Delaware Department of Health and Social Services (DHSS) under a controlled system for medical marijuana in Delaware. The DHSS oversees compassion centers, and all goods must undergo state-mandated testing and labeling.

Do not forget that marijuana distribution and sale outside of a regulated system is prohibited and is subject to legal and/or criminal penalties. Further, even if marijuana is allowed in another state, it is still prohibited to transfer it across state lines.

Driving and traveling with cannabis in Delaware

Whether you are an adult using marijuana recreationally or for medical purposes, it is illegal to drive or travel while under the influence of marijuana in Delaware.

Any substance that makes it difficult to drive safely, including marijuana, is illegal to use while operating a vehicle in Delaware. Both recreational and medical marijuana users are subject to the state’s DUI statutes. THC, the psychoactive ingredient in marijuana, has a legal limit of 5 nanograms per millilitres of blood when driving.

If found to be operating a vehicle while under the influence of marijuana, you may be charged with DUI. Based on the specifics of the offense, this penalty carries penalties of up to $1500 fine, license suspension, and sometimes even jail time between 12 and 24 months. If you use marijuana for medical purposes, your certification and ID card may be canceled if you get caught driving while intoxicated.

Even if marijuana is allowed in another state, it is still prohibited to transport it across states. Keep your marijuana in a safe, sealed container in the trunk of your car or another location that is off-limits to the driver while you are traveling within Delaware.


State laws are constantly evolving. The Delaware cannabis laws also are regularly updated. You must follow state cannabis laws by visiting the federal state cannabis websites. You might even want to engage attorneys who can advise you on the latest rules and regulations under Delaware cannabis laws.

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