Delaware becomes the 22nd state to legalize recreational cannabis as HB 1 and HB 2 become law without the governor’s signature

On April 23, 2023, Delaware became the 22nd state to legalize adult-use cannabis when House Bill 1 and House Bill 2 took effect without Governor John Carney’s signature. A year earlier, in May 2022, Carney had vetoed a similar legalization bill; in March 2023, sponsor Rep. Ed Osienski and Delaware lawmakers passed both bills with three-fifths supermajorities in both chambers (16–4 and 15–5 in the Senate; 28–13 and 27–13 in the House), prompting the governor to step aside and allow the bills to become law.

How Delaware split legalization into two bills

Because the Delaware Constitution requires a three-fifths supermajority vote to create new taxes or licensing fees, lawmakers separated reform into two companion bills:

• House Bill 1 (Personal Possession): Immediately legalized possession and free sharing of up to 1 ounce of cannabis flower (including up to 5 grams of concentrated cannabis or up to 750 milligrams of delta-9 THC in infused products) for adults 21 and older.
• House Bill 2 (Delaware Marijuana Control Act): Created the Office of the Marijuana Commissioner, imposed a 15% retail marijuana tax, and authorized 30 initial retail store licenses, 60 cultivation licenses, 30 manufacturing licenses, and 4 testing labs (including dedicated social equity and microbusiness licenses).
• No home cultivation: Like neighboring New Jersey, Delaware did not legalize home cannabis cultivation.
• Retail launch: Following license lotteries in late 2024 and conversion rules enacted in 2025, Delaware’s first licensed adult-use cannabis stores opened on August 1, 2025.