Delaware Cannabis Laws & Regulations
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.
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 toward 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.
In the same year, the House passed HB285, which was then passed by the senate in early 2024. The bill was then signed by the Governor on May 29, 2024. HB285 allows allows physicians to certify a patient for medical marijuana for any condition they believe may benefit from the treatment. It also allows patients over 65 to self-certify for medical cannabis use, allows reciprocity for out-of-state medical cannabis patients, and allows the state to issue medical cannabis cards for up to 2 or 3 years.
As of 2025, 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 adult-use cannabis sales. The State of Delaware does not charge 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 cannabis card. Recreational sales won't begin until March 2025.
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 Any form of transportation, 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 more than:
- 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 in a given month
During vehicular transportation:
- Cannabis may either be in a sealed container or
- Stored in the trunk of the vehicle
Have Questions About Getting a Med Card in Delaware?
Learn more about medical cannabis in Delaware with our extensive set of patient resources:
