Cannabis law in Delaware (2026)
Last reviewed: 9 October 2026
In short: Adults aged 21 or over may possess up to 1 oz of marijuana (12 g of concentrate) and buy it from licensed retailers; growing at home is not allowed. Consuming in areas accessible to the public is a misdemeanour. A registered medical programme also exists.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Permitted within limits [1] |
| Quantity limitsPersonal use by an adult | Adults aged 21 or over: up to 1 oz of leaf marijuana, 12 g of concentrated cannabis, or cannabis products with up to 750 mg of delta-9-THC. [2] |
| Growing at homePersonal use by an adult | Prohibited [1] |
| Sale to consumersPersonal use by an adult | Licensed retail stores for adults [3] |
| Use or carrying in public placesPersonal use by an adult | Prohibited [1] |
| Medical cannabisPersonal use by an adult | Legal for medical use [4] |
| VisitorsPersonal use by an adult | Foreigners expressly covered [1] |
| Minimum agePersonal use by an adult | 21 years [4] |
| Purchase limit in licensed shopsPersonal use by an adult | A retail marijuana store may not sell more than a personal use quantity in a single transaction: 1 ounce of leaf marijuana, 12 g of concentrated cannabis or products containing 750 mg of THC. [5] |
| Driving after cannabis usePersonal use by an adult | Driving under the influence of any drug is an offence. Driving with any amount of an illicit or recreational drug (such as a Schedule I substance) in the blood within 4 hours, resulting from unlawful use, is also an offence. [6] |
Notes
- Delaware Code 4764A removes civil and criminal penalties for adults within the personal use quantity. An amended version of 4764A, which adds marijuana products and infused beverages, takes effect on 21 October 2026.
- Only licensed cultivation is allowed; the Office of the Marijuana Commissioner says medical patients and caregivers also may not grow.
- Sales began on 1 August 2025 through converted medical compassion centres; further licences were still being issued. Current store numbers were not checked.
- 'Area accessible to the public' includes sidewalks, parks, stores and restaurants and outdoor spots within 10 feet of them; the penalty is up to $200 and 5 days.
- The medical programme (Title 16, chapter 49A) is open to Delaware residents only; out-of-state medical patients may buy at medical dispensaries.
- The statute sets no residency condition. The FAQ does not say whether non-residents may make adult-use purchases; it is illegal to take marijuana across state lines.
- Registered patients of the Delaware Medical Marijuana Program are exempt from the age 21 rule.
Sources
- Delaware General Assembly: Delaware Code Title 16, Chapter 47, Subchapter IV (Offenses and Penalties) (consulted 9 October 2026) · all sources
- Delaware General Assembly: Delaware Code Title 16, Chapter 47, Subchapter I (Uniform Controlled Substances Act: General Provisions) (consulted 9 October 2026) · all sources
- State of Delaware: Delaware Launches Legal Adult-Use Cannabis Sales Today (consulted 9 October 2026) · all sources
- Delaware Office of the Marijuana Commissioner: FAQs - Office of the Marijuana Commissioner (consulted 9 October 2026) · all sources
- Delaware Code Online: Delaware Code title 4, chapter 13, subchapter III (Delaware Marijuana Control Act, § 1332) (consulted 10 October 2026) · all sources
- Delaware General Assembly: Delaware Code Title 21, Chapter 41, Subchapter IX: section 4176C - Electronic communication devices; penalties (consulted 9 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Possession for personal use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
Delaware and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| Delaware | Legal, 21+, within limits | No home growing | Licensed retailers (since Aug 2025) | No use in public areas | Yes, registered patients | Any adult 21+; no residency test |
| Maryland | Legal for adults 21+, within limits | Yes: 2 plants per household | Licensed dispensaries only | Smoking banned in public places | Medical programme (card needed) | Out-of-state adults 21+ may buy |
| New Jersey | Legal for adults 21+, within limits | Not allowed | Licensed dispensaries | Allowed where tobacco smoking is | Medicinal Cannabis Programme | Visitors 21+ may buy |
| Pennsylvania | Criminal offence (misdemeanour) | Prohibited | Prohibited (medical dispensaries only) | — | Certified patients, 24 conditions | — |
More rules in Delaware
- Car speed limitsBuilt-up areas: 25 mph business, 20-25 mph residential · Outside built-up areas (single carriageway): 50 mph (2-lane roads)
- Minimum age for a car driving licenceMinimum age for a car licence: 17 (Class D after 12 months on a permit) · Earliest age to drive a car supervised: 16 (Level 1 learner's permit)
- E-bikes and speed pedelecsLegal class: Class 1-3, bicycle rules · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: No (sparklers and similar excepted) · Minimum age to buy: 18 (sparklers and similar items)
- Knives and pepper sprayFolding pocket knives: Closed pocketknife up to 3.75 in is not a deadly weapon · Locking or one-handed knives: Deadly weapon; separate offence repealed 2025
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $15.00 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Hands-free allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes, all seats (16+) · Seat belt compulsory in rear seats: Yes, all seats (16+)
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.