Is marijuana legal in Delaware?
Yes. As of 2026, marijuana (weed) is legal in Delaware for adults 21 and older to possess and to buy at licensed stores, within a personal-use quantity. Home growing is not allowed. Medical marijuana is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in Delaware
Delaware legalized adult possession through House Bill 1 and created a taxed, licensed market through House Bill 2 in 2023. The Delaware Marijuana Control Act took effect August 1, 2023. Licensed adult-use sales began August 1, 2025, first at medical compassion centers that converted to adult-use retail. Medical marijuana has been legal since the Delaware Medical Marijuana Act in 2011.
Adults 21 and older may possess a personal-use quantity: 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9 THC. They may share that amount with another adult if nothing is paid. Cannabis in a car must be in a closed container and not readily accessible.
Home cultivation is not allowed for adults or for medical patients. Public consumption, including in a moving vehicle, remains illegal. Employers may keep workplace policies. Infused THC beverages have separate retail rules, and ordinary hemp products that are not infused beverages stay under hemp law. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Old State House, Dover, Delaware Photo: Adobe Stock (editorial use only).
What the law says
Legal
- Possessing, using, displaying, purchasing, or transporting marijuana accessories or a personal use quantity or less of marijuana, marijuana products, or infused beverages outside of a motor vehicle.
- Adult sharing of a personal use quantity or less of marijuana, marijuana products, or infused beverages.
Not legal
- Consuming marijuana, marijuana products, or infused beverages in an area accessible to the public or in a moving vehicle, as defined and punished under § 4764(d) of this title.
- Growing, manufacturing, selling, or cultivating marijuana without a license granted under Chapter 49A of this title or other provision of Delaware law, as defined and punished under this chapter.
- Selling marijuana, marijuana products, or infused beverages without an active license or endorsement under Title 4, as defined and punished under Delaware law, including under this chapter.
Quoted from 16 Del. C. §4764A.
How old do you have to be to use marijuana in Delaware?
You have to be 21 to buy weed in Delaware for adult use. Licensed retail stores sell only to adults 21 and older, and it remains illegal to transfer marijuana to anyone under 21. Medical patients in the Delaware Medical Marijuana Program can possess and purchase as registered patients, including some younger patients through the medical program.
How much marijuana can you have in Delaware?
Adults 21 and older in Delaware can have a personal-use quantity: 1 ounce or less of leaf marijuana, up to 12 grams of concentrated cannabis, or cannabis products with 750 milligrams or less of delta-9 THC. At home or outside a car, that amount may be possessed, used, displayed or transported. In a car, it has to be in a closed container and not readily accessible to anyone inside. You can share a personal-use quantity with another adult if nothing is paid.
Where can you buy marijuana in Delaware?
You can buy weed in Delaware at licensed retail marijuana stores. Adult-use sales began August 1, 2025, first at converted medical compassion centers. As of 2026, those converted shops are operating; additional newly licensed retail-only stores were still opening. Adults 21 and older need a valid ID. Medical patients can buy larger amounts at medical dispensaries, including through a visiting-patient process. Unlicensed sellers are not legal sources.
Can you grow marijuana at home in Delaware?
No, you can't grow weed at home in Delaware. That applies to adults 21 and older and to medical patients. Cultivation is limited to licensed marijuana cultivation facilities and medical compassion-center production. Growing without a license remains unlawful under Title 16.
Where can you use marijuana in Delaware?
You can smoke weed in Delaware on private property if the owner allows it. Consuming marijuana in an area accessible to the public, or in a moving vehicle, is an unclassified misdemeanor. Public places include sidewalks, streets, parks, stores and restaurants, plus outdoor spots within 10 feet of those areas or of building entrances and windows. Landlords can limit possession or smoked use only in narrower situations set by statute.
How do you get a medical marijuana card in Delaware?
To get a medical marijuana card in Delaware, you apply to the Medical Marijuana Program as a Delaware resident with a qualifying condition and a physician certification. Registered patients may purchase three ounces of usable marijuana every 14 days, up to six ounces a month. Out-of-state medical patients can complete a visiting-patient application at a Delaware dispensary. Patients cannot grow at home.
Can visitors buy or use marijuana in Delaware?
Yes. Out-of-state visitors can buy marijuana in Delaware if they are 21 or older, because adult-use retail sales do not require Delaware residency. Visitors follow the same personal-use quantity and the same ban on public consumption. Visitors with a medical card from another state can also use Delaware's visiting-patient process at medical dispensaries. Taking marijuana out of Delaware isn't protected by state law and remains illegal under federal law.
What are the rules on driving and marijuana in Delaware?
No, you can't drive high in Delaware. The Marijuana Control Act says it is not intended to allow driving under the influence of marijuana, marijuana products or infused beverages, or to supersede existing DUI laws. Consuming marijuana in a moving vehicle is separately illegal.
Can an employer in Delaware fire you for using marijuana?
Yes, you can get fired for using marijuana in Delaware, even legally off the job. Title 4, Section 1304 says the adult-use chapter is not intended to impact or impose any requirement or restriction on employers, including accommodation, workplace policies or discipline.
What are the penalties for breaking marijuana laws in Delaware?
In Delaware, adults 21 and older are not fined or charged for possessing a personal-use quantity. Using a personal-use quantity in public or in a moving vehicle is an unclassified misdemeanor, with a fine of up to $200, up to five days in jail, or both. Possessing more than a personal-use quantity is an unclassified misdemeanor that can bring a fine of up to $575, up to three months in jail, or both. People under 21 face civil penalties for a first and second personal-use possession, then an unclassified misdemeanor. Selling or growing without a license remains a crime.
Are CBD, hemp and delta-8 products legal in Delaware?
CBD and some non-beverage hemp products can be sold in Delaware without a marijuana store license if they comply with state and federal hemp rules. Infused THC drinks are separately regulated and may be sold by licensed package stores or retail marijuana stores within strict milligram limits. The state tells consumers that unregulated hemp-derived THC products at convenience stores are not the same as tested marijuana from licensed retailers. Delta-8 and THCA products that exceed hemp limits can be treated as marijuana. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Delaware?
Yes. Federal law still applies in Delaware. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Delaware changed recently, or is it about to?
Yes, Delaware's market is still new. Adult-use sales began August 1, 2025. By 2026, converted medical shops were selling to adults, and additional licensed retail stores were still coming online. Separate 2026 rules address infused beverages. No change reopened home growing. At the federal level, state-licensed medical marijuana moved to Schedule III on April 28, 2026. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
- 16 Del. C. §4764A (legal marijuana-related activity)
- 16 Del. C. §4701 (personal use quantity defined)
- 16 Del. C. §4764 (public consumption and under-21 possession)
- 4 Del. C. §1304 (places of employment)
- 4 Del. C. §1305 (driving under the influence prohibited)
- Delaware Medical Marijuana Act, Title 16, Chapter 49A
Sources (6)
- 16 Del. C. §4764A (legal marijuana-related activity) delcode.delaware.gov
- 4 Del. C. §1304 (places of employment) delcode.delaware.gov
- Delaware Medical Marijuana Act, Title 16, Chapter 49A omc.delaware.gov
- news.delaware.gov
- dea.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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