Delaware Cannabis Laws

Legal — Recreational & Medical

Delaware legalized recreational cannabis in April 2023 when Governor John Carney signed HB 1 into law, decriminalizing possession for adults 21+. However, the state has not yet established a commercial recreational market — a separate regulatory bill is needed. Medical marijuana has been legal since 2011.

Last updated: January 15, 2026

Quick Facts

Minimum Age	21+ (recreational)
Purchase Limits (Rec)	1 oz (28g) of flower is the legal possession limit. No retail sales yet.
Purchase Limits (Med)	6 oz per month
Delivery Allowed	No
Home Growing	Not allowed. Home cultivation is prohibited for both recreational and medical users under current law.
Public Consumption	Prohibited. Cannabis cannot be consumed in public places, in vehicles, or on school grounds.
ID Requirements	Government-issued photo ID showing age 21+, Delaware medical marijuana card for medical purchases
Tourist Rules	While possession is legal for adults 21+, there are currently no recreational dispensaries. Tourists cannot purchase cannabis in Delaware unless they have a Delaware medical card (which requires residency).
Penalties	Possession of up to 1 oz is legal for adults 21+. Possession of 1-6 oz is a civil violation ($100 fine). Over 6 oz is a criminal offense.
Tax Info	Medical cannabis is subject to standard state sales tax. Recreational tax structure has not yet been established as the retail market is still being set up.

Medical Cannabis Program

Qualifying Conditions

Cancer, HIV/AIDS, decompensated cirrhosis, ALS, Alzheimer's, PTSD, autism, chronic pain, intractable epilepsy, and other debilitating conditions.

How to Get a Card

Patients must obtain a physician certification and register with the Delaware Department of Health and Social Services. Registration fee is $125.

Cannabis in Delaware: Legal but Limited

Delaware's cannabis situation is unique. Governor Carney signed HB 1 in April 2023, making it legal for adults 21+ to possess up to 1 ounce of cannabis. However, the bill that would establish the commercial recreational market (HB 2) was passed but is still being implemented.

As of early 2026, recreational dispensaries have not yet opened. Adults can legally possess cannabis but there is no legal way to purchase it recreationally within the state. The existing compassion centers serve medical patients only.

Next steps: compare dispensaries in Delaware, how to find a licensed dispensary, what to bring to a dispensary, and browse all state cannabis pages.

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Official License Lookup

Verify a dispensary's license on the official Delaware website:

Visit Delaware Cannabis Regulator