Delaware Cannabis Laws & Regulations

Weed Laws in Delaware

Delaware is the First State, literally. It was the first of the 13 original states to ratify the constitution. This Mid-Atlantic state is among the smallest in the nation, geographically and by population. It shares borders with Pennsylvania, New Jersey, Maryland, and the Atlantic Ocean. 

A good portion of the state’s border is coastline, and you’re never far from the beach. Delaware’s beaches are among the state’s top attractions. Rehoboth Beach, Bethany Beach, and Dewey Beach are all popular tourist destinations.

Delaware has plenty to offer history buffs as well, with historic sites like First State Heritage Park, For Delaware, Nemours Estate, and the John Dickinson Plantation. If museums are more your speed, take a look at the Air Mobility Command Museum or Hagley Museum and Library.

Delaware is also known for its thriving craft brewing, winemaking, and distilling scene. The state is home to nationally-known breweries, like Dogfish Head. You can also visit craft beer destinations like Iron Hill Brewery, Brick Works Brewing, and Wilmington Brew Works. 

Is Weed Legal in Delaware?

YES, weed is legal for both medical and recreational purposes in Delaware, but legal recreational sales won't begin till late 2024.

Weed Legalization in Delaware

Delaware is the 22nd state to legalize cannabis for recreational use.  Many of the state’s neighbors have legalized or are working towards it as well.

Delaware’s road to legalization began in 2011, when Governor Markell signed Senate Bill 17 into law, legalizing medical cannabis for the state. The legislation established Delaware’s medical market and made it possible for physicians to recommend cannabis for a range of serious medical conditions.

In 2015, Delaware took another step towards cannabis legalization. The state passed legislation that made possession of up to 1 ounce of cannabis a civil offense, punishable by a fine, rather than a criminal offense.

Early in 2022, the Delaware state legislature passed legislation to legalize recreational cannabis. Unfortunately, Governor John Carney vetoed the bill.

So, in 2023 the legislature revisited the issue and passed HB1 and HB2 with veto-proof majorities. The governor allowed the bills to become law without his signature.

As of 2023, the consumption of cannabis is legal for both medicinal and recreational use in the state of Delaware.

Cannabis Tax in Delaware

A 15% tax will be levied on recreational cannabis sales. The State of Delaware does not charge an additional tax on the sale of medical cannabis. Delaware also does not have a state sales tax.

Is Cannabis Delivery Available in Delaware?

YES, but only for medicinal purposes in the state of Delaware, for people with a licensed medical marijuana card. Recreational sales won't begin till late 2024.

Where Can You Legally Use Weed in Delaware?

Cannabis can be legally used in the following areas in Delaware:

🗹 Private properties such as residences

Cannabis CANNOT be consumed in:

X Public spaces

X Businesses that lack a license for commercial cannabis consumption

X Motorized vehicles in motion, for both driver and passengers

X Federal land, like national parks

What are the Restrictions on Cannabis Possession in Delaware?

Adults aged 21 and above will receive a civil penalty for possession of up to:

• Cannabis:  1 ounces / 28.35 grams
• Concentrates: up to 12 grams
• Products with 750 grams or less of Delta-9 THC

Home cultivation is not permitted in Delaware.

For medicinal use:

• Dried cannabis:  6 ounces / 170.09 grams

During vehicular transportation:

• Cannabis may either be in a sealed container or
• Stored in the trunk of the vehicle

How much does it cost to apply for a medical cannabis card in Delaware?

Your state medical cannabis registration costs $50 in Delaware. This is in addition to the cost of evaluation. Thankfully, NuggMD offers no-risk evaluations: you only pay if you're approved.

How long is my medical cannabis card good for in Delaware?

Your Delaware medical cannabis card is valid for 1 year.

How long does it take for my medical cannabis card to arrive?

It takes up to 45 days for your Delaware medical cannabis card to arrive.

Can I get a replacement medical cannabis card if mine is lost or damaged?

Yes. You can request a replacement. The fee for a replacement card is $20.

If I live in another state, can I still be approved for a medical marijuana card in Delaware?

No. Only permanent residents of Delaware are eligible for the state’s medical cannabis program.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.